As used in ORS § 441.111 to 441.119 and 441.993:

Terms Used In Oregon Statutes 441.111

  • Contract: A legal written agreement that becomes binding when signed.
  • Gender identity: means an individual's gender-related identity, appearance, expression or behavior, regardless of whether the identity, appearance, expression or behavior differs from that associated with the gender assigned to the individual at birth. See Oregon Statutes 174.100
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Sexual orientation: means an individual's actual or perceived heterosexuality, homosexuality or bisexuality. See Oregon Statutes 174.100

(1) ‘Care facility’ includes:

(a) A long term care facility;

(b) A residential care facility, including an assisted living facility, as defined in ORS § 443.400; and

(c) An adult foster home, as defined in ORS § 443.705.

(2) ‘Gender expression’ means an individual’s gender-related appearance and behavior, whether or not these are stereotypically associated with the sex the individual was assigned at birth.

(3)(a) ‘Gender identity’ means an individual’s internal, deeply held knowledge or sense of the individual’s gender, regardless of physical appearance, surgical history, genitalia, legal sex, sex assigned at birth or name and sex as it appears in medical records or as it is described by any other individual, including a family member, conservator or legal representative of the individual.

(b) ‘Gender identity’ means the gender identity last expressed by an individual who lacks the present ability to communicate.

(4) ‘Gender nonconforming’ means having a gender expression that does not conform to stereotypical expectations of one’s gender.

(5) ‘Gender transition’ means a process by which an individual begins to live according to that individual’s gender identity rather than the sex the person was assigned at birth. The process may include changing the individual’s clothing, appearance, name or identification documents or undergoing medical treatments.

(6) ‘Harass’ or ‘harassment’ includes:

(a) To act in a manner that is unwanted, unwelcomed or uninvited, that demeans, threatens or offends a resident and results in a hostile environment for a resident.

(b) To require a resident to show identity documents in order to gain entrance to a restroom or other area of a care facility that is available to other individuals of the same gender identity as the resident.

(7) ‘LGBTQIA2S+’ means lesbian, gay, bisexual, transgender, queer, intersex, asexual, Two Spirit, nonbinary or other minority gender identity or sexual orientation.

(8) ‘Resident’ means a resident or a patient of a care facility.

(9) ‘Sexual orientation’ means romantic or sexual attraction, or a lack of romantic or sexual attraction, to other people.

(10) ‘Staff’ or ‘staff person’ means one or more individuals who:

(a) Are employed by a care facility to provide services or supports directly to residents; or

(b) Contract with or are employed by an entity that contracts with the care facility to provide services or supports directly to residents.

(11) ‘Transgender’ means having a gender identity or gender expression that differs from the sex one was assigned at birth, regardless of whether one has undergone or is in the process of undergoing gender-affirming care. [2023 c.567 § 2]