§ 24.500 — Certain laws of other states contrary to public policy; prohibitions on issuance of foreign subpoenas

Oregon § 24.500

• Jurisdiction: Oregon
• Vol.: 1
• Title 2: Procedure in Civil Proceedings
• Ch. 24: Enforcement and Recognition of Foreign Judgments; Foreign-Money Claims

Text

(1) As used in this section:
(a) “Gender-affirming treatment” means a procedure, service, drug, device or product that a physical or behavioral health care provider prescribes to treat an individual for incongruence between the individual’s gender identity and the individual’s sex assignment at birth.
(b) “Reproductive health” means reproductive processes, functions and systems at all stages of life.
(c) “Reproductive health care” includes family planning and contraception, pregnancy termination services, prenatal, postnatal and delivery care, miscarriage management, fertility care, sterilization services, treatments for sexually transmitted infections and reproductive cancers and any other health care and medical services related to reproductive health.
(2) A law of another state that authorizes a person to bring a civil or criminal action against a person that does any of the following is contrary to the public policy of this state:
(a) Receive reproductive health care or gender-affirming treatment;
(b) Provide or attempt to provide reproductive health care or gender-affirming treatment; or
(c) Knowingly engage in conduct that aids or abets the provision of reproductive health care or gender-affirming treatment.
(3) Notwithstanding ORCP 38 C, a person may not request that a clerk of court issue a subpoena for service upon a person to whom a foreign subpoena is directed if the foreign subpoena relates to gender-affirming treatment or reproductive health care services that are permitted under the laws of this state, unless the person requesting the subpoena provides a written declaration that the foreign subpoena relates to:
(a) An out-of-state action founded in tort, contract or statute, for which a similar claim would exist under the laws of this state, brought by a patient or the patient’s authorized legal representative, for damages suffered by the patient; or
(b) An out-of-state action founded in contract, and for which a similar claim would exist under the laws of this state, brought or sought to be enforced by a party with a contractual relationship with the person that is the subject of the subpoena.

Legislative History

2023 c.228 §48