Senate Judiciary advances HB 4,088 A after rejecting amendments limiting protections for minors and clarifying criminal‑investigation exceptions

The Senate Committee on Judiciary on Monday advanced House Bill 4,088 A to the Senate floor with a due‑pass recommendation after rejecting four proposed amendments that would have narrowed or clarified the bill's protections for reproductive and gender‑affirming health‑care activities.

The bill, as summarized by staff, would create policies to protect legally protected reproductive and gender‑affirming health care that occur in Oregon, address gubernatorial actions, data and court records, public records and midwife practice, and include an emergency clause. Staff noted a targeted effective date of July 1, 2026 for provisions related to court applications for name changes.

Committee members considered four amendments posted to OLISS: A6 (which would exclude care for minors from the bill's noncooperation direction), A7 (like A6 but limited to patients under 15), A8 (an explicit criminal‑investigation/prosecution exception) and A9 (allowing the Oregon Health Authority to release de‑identified data excluding direct identifiers). Proponents and opponents framed the amendments around privacy, research access and law‑enforcement exceptions.

Senator Gelserbauman opposed the A6 amendment, arguing it risked deterring young people from seeking care. "I cannot support this measure ... the fear that that could put in them for accessing the health care that they need, I think would be chilling and and put their lives at risk," she said. Senator Thatcher defended the amendments' sponsor intent as preserving the status quo for minors, saying the change "keeps existing law intact" and "does not change the law for care provided for that age group."

Committee members also debated A8, which would explicitly exempt criminal investigations from the bill's noncooperation direction; opponents warned a broad reading could allow federal criminalization to swallow the bill's protections. Supporters said the amendment simply clarified law‑enforcement access for credible criminal investigations.

A9, intended to preserve researchers' access to de‑identified public‑health data, also drew debate over privacy and HIPAA concerns. Supporters said the amendment would prevent the bill from inadvertently blocking legitimate public‑health research; some senators said they were uncomfortable adopting the change at the work‑session without further discussion.

After roll‑call votes, the committee rejected the A6, A8, A9 and A7 amendments and then voted to advance HB 4,088 A to the floor with a due‑pass recommendation. The chair recorded notice of a possible minority report on the bill. The committee assigned carriers for floor action and closed the work session on the bill.

What happens next: HB 4,088 A will be carried to the Senate floor with a due‑pass recommendation; any minority report filed will be noted on the record before floor consideration.