Measure 43

Explanatory Statement

Ballot Measure 43 requires that when an unemancipated minor 15 years and older seeks an abortion, the medical provider must first give written notice to a parent of the minor, by certified mail, at least 48 hours prior to providing the abortion.

Current law allows a minor 15 years and older to consent to and receive medical treatment, including abortion, without parental notification. For minors 14 years and younger, parental consent is already required. Current law also allows a medical provider to inform the parent of medical treatment provided to a minor, 15 years and older, without the minor's consent.

Ballot Measure 43 allows for an exception to the notice requirement 1) if the parent or guardian is given notice in person, or 2) in the event of a medical emergency which is documented in the minor's medical file, or 3) if the minor obtains authorization from the Department of Human Services or a court.

A hearing on a request by the unemancipated minor 15 years and older is confidential and may be attended only by the minor, counsel for the minor, witnesses and the administrative law judge. The measure also provides for expedited judicial review by a trial court of an order denying the application considered at the hearing.

Consequence for failure to notify a parent as required by the measure may subject the medical provider performing an abortion on an unemancipated minor 15 years and older to 1) civil liability to the parent of the minor and 2) may subject a medical provider to suspension, revocation or denial of license by the Board of Medical Examiners for the State of Oregon.

Committee Members: / Appointed by:
Gayle Atteberry / Chief Petitioners
Representative Andy Olson / Chief Petitioners
Maura Roche / Secretary of State
Mark Wiener / Secretary of State
Justice Edwin Peterson / Members of the Committee

(This committee was appointed to provide an impartial explanation of the ballot measure pursuant to ORS 251.215.)

Elections Division, Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722