§ 166.119 — Interfering with a health care facility

Oregon § 166.119

• Jurisdiction: Oregon
• Vol.: 4
• Title 16: Crimes and Punishments
• Ch.: 166

Text

(1) A person commits the crime of interfering with a health care facility if the person intentionally, knowingly or recklessly interferes with access to or from a health care facility, or disrupts the normal functioning of a health care facility, by:
(a) Physically obstructing or impeding the free passage of a person seeking to enter or depart from the facility or from the common areas of the real property upon which the facility is located;
(b) Making noise that unreasonably disturbs the peace within the facility;
(c) Trespassing on the facility or the common areas of the real property upon which the facility is located;
(d) Causing the telephone of the facility to ring, vibrate or otherwise alert by visual or auditory means if:
(A) The person has no communicative purpose; or
(B) The person knows that the person has been forbidden from causing the telephone to ring, vibrate or alert by an individual exercising lawful authority over the receiving telephone; or
(e) Subjecting an owner, agent, patient or employee of the facility to alarm by conveying a telephonic, electronic or written threat to inflict serious physical injury on that individual or to commit a felony involving the individual, the property of the individual or a member of the individual’s family, when the threat would reasonably be expected to cause alarm.
(2) Interfering with a health care facility is a Class A misdemeanor.
(3)(a) No law shall be passed restraining the free expression of opinion, or restricting the right to speak, write, or print freely on any subject whatever; but every person shall be responsible for the abuse of this right.
(b) Nothing in this section prohibits lawful picketing, lawful protesting or peaceful assembly, or other publicity for the purpose of providing the public with information.
(4) In a criminal proceeding based on a charge described in this section, the court shall take all steps reasonably necessary to safeguard the individual’s privacy and prevent harassment of a health care patient or health care provider who is a victim or witness in the proceeding, including granting protective orders and motions in limine when appropriate.
(5) As used in this section:
(a) “Health care facility” means a facility that provides health care services directly to patients, including but not limited to a hospital, clinic, health care provider’s office, health maintenance organization, diagnostic or treatment center, mental health facility, hospice or nursing home.
(b) “Health care provider” means an individual licensed, certified, registered or otherwise authorized to practice by a board, as defined in ORS 413.164, or an officer, director, employee or agent of a health care facility.

Legislative History

2023 c.228 §45