A person may be sterilized by appropriate means upon request and upon the advice of a physician licensed under ORS chapter 677, naturopathic physician licensed under ORS chapter 685 or physician associate licensed under ORS 677.505 to 677.525. A health care provider described in this section, or a hospital, may not be held liable for performing a sterilizat…

436.205 Definitions

As used in this chapter unless the context requires otherwise: “Best interest” means that: The individual is physically capable of procreating; The individual is likely to engage in sexual activity at the present or in the near future under circumstances likely to result in pregnancy; All less drastic alternative contraceptive methods, including supervis…

436.215 Legislative finding

The Legislative Assembly finds and declares that sterilization procedures are highly intrusive, generally irreversible and represent potentially permanent and highly significant consequences for individuals incapable of giving informed consent. The Legislative Assembly recognizes that certain legal safeguards are required to prevent indiscriminate and unnece…

436.225 Obtaining informed consent

In obtaining informed consent for sterilization a physician, physician associate or nurse practitioner must offer to answer any questions the individual to be sterilized may have concerning the proposed procedure, and must provide orally all of the following information or advice to the individual to be sterilized: Advice that the individual is free to with…

436.235 Petition to determine ability to give informed consent

A petition for a determination of a person’s ability to give informed consent to a sterilization procedure may be filed by the person seeking sterilization, the attending physician, physician associate or nurse practitioner of the person seeking sterilization, or by an interested person concerned with the respondent’s health and well-being. Such a petition s…

436.245 Petition content

The petition for determination of ability to give informed consent for sterilization shall be executed under oath and shall set forth: The name, age and residence of the respondent. The names and residences of any parents, spouse, legal guardian or conservator of the respondent. A statement of the facts describing the respondent’s alleged inability to giv…

436.255 Court hearing on petition; notice

Upon such a petition for determination of ability to give informed consent, the court shall assign a time, not later than 30 days thereafter, and a place for hearing the petition. The court may, at its discretion, hold a hearing on the petition at a place other than the courtroom if it would facilitate the presence of the respondent. The court shall cause a…

436.265 Appointment of counsel; payment of expenses

If the respondent requests counsel but is determined to be financially eligible for appointed counsel at state expense, the court shall appoint suitable counsel to represent the respondent at state expense. If the respondent is not represented by counsel and appears to be unable to request counsel, the court shall appoint suitable counsel to represent the r…

436.275 Admissible evidence; subpoenas

At any hearing upon such petition, the court shall receive evidence concerning the respondent’s ability to give informed consent. Such evidence shall include, but shall not be limited to: Testimony from the respondent regarding the respondent’s receipt and understanding of the information set forth in ORS 436.225 (1); and Reports from an interdisciplinary …

436.285 Presence of respondent; waiver; medication

The respondent shall be present at any hearing regarding respondent’s ability to give informed consent to sterilization, unless that right is waived by the person, personally or through the respondent’s attorney. The court shall approve of a waiver only if the presence of the respondent grossly interrupts the proceeding or such presence is medically contrain…

436.295 Court determination of ability to consent

If the court does not determine by clear and convincing evidence that the respondent lacks the ability to give informed consent for sterilization: If the court determines that the respondent has the ability to give informed consent to sterilization, the court shall issue an order so stating and permitting the sterilization to be performed. Prior to the perf…

436.305 Evidence on best interests of respondent

In determining whether sterilization is in the best interest of the respondent, the court shall hear evidence including, but not limited to, medical, psychological and social evidence as to whether such sterilization is in the best interest of the individual as defined in ORS 436.205 (1). The respondent or counsel shall have the right to present evidence an…

436.315 Appointment of appeal counsel; payment of expenses

If the respondent is determined to be financially eligible for appointed counsel at state expense, the court, upon the request of the person or upon its own motion, shall appoint suitable counsel to represent the respondent on appeal. Counsel appointed by the court shall be paid compensation, as provided in ORS 138.500. Compensation for counsel and costs and…

436.325 Effect on surgical procedures

Nothing in this chapter limits surgical procedures which are medically indicated and which may result in sterilization. However, a hysterectomy shall not be performed solely for the purpose of sterilization or for the purpose of hygiene and sanitary care of a female’s menses.

436.335 Report on disposition; biennial review; report to Legislative Assembly

The disposition of all cases under this chapter shall be reported to the State Court Administrator. The State Court Administrator shall forward any reported information to the system described in ORS 192.517 (1). The system described in ORS 192.517 (1) shall review biennially all cases pertaining to sterilization under this chapter and shall report to the L…