Directs the Health Evidence Review Commission to evaluate gender-affirming treatment.

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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 3338
Sponsored by Representatives DIEHL, JAVADI, HARBICK
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act tells HERC to review treatments that affirm gender. (Flesch Readability Score:
69.7).
Directs the Health Evidence Review Commission to evaluate gender-affirming treatment.
Declares an emergency, effective on passage.
A BILL FOR AN ACT
Relating to gender-affirming treatment; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
(1) As used in this section, “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.
(2)(a) Not later than August 30, 2025, the Health Evidence Review Commission shall begin
a medical technology assessment of gender-affirming treatment, and the development of
evidence-based health care guidelines for use by providers, consumers and purchasers of
health care in Oregon.
(b) The commission shall conduct its medical technology assessment in accordance with
its evidence-based report process and methodology and consistent with its quality of evidence
statement in effect on the effective date of this 2025 Act.
(3) The commission’s medical technology assessment must include, at a minimum:
(a) Diagnostic criteria and assessment procedures to identify patients most likely to
benefit from gender-affirming treatment; and
(b) An analysis of the safety, efficacy, balance between desirable and undesirable effects,
quality of evidence and strength of evidence for gender-affirming treatment for children,
adolescents and adults, including:
(A) Puberty blockers;
(B) Hormone replacement therapy;
(C) Mastectomies, breast reduction and breast augmentation;
(D) Genital surgeries, including hysterectomy, vaginoplasty, penectomy, orchiectomy,
clitoroplasty, labiaplasty, vaginectomy, phalloplasty and scrotoplasty;
(E) Tracheal shave;
(F) Hair electrolysis; and
(G) Facial feminization surgery or other facial gender-affirming treatments.
(4) The commission shall submit a report on the results of its medical technology as-
sessment in the manner provided by ORS 192.245 to the interim committees of the Legislative
NOTE:Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 2721
HB 3338
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Assembly related to health care no later than September 15, 2026. The commission shall also
make a copy of the report publicly available on a website maintained by the Oregon Health
Authority.
SECTION 2.
Section 1 of this 2025 Act is repealed on January 2, 2027.
SECTION 3. This 2025 Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this 2025 Act takes effect
on its passage.
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