Section 436.305 – Evidence on best interests of respondent.
(1) 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). (2) The respondent or counsel shall have the […]
Section 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 […]
Section 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. [1983 c.460 §14]
Section 436.335 – Report on disposition; biennial review; report to Legislative Assembly.
(1) 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). (2) The system described in ORS 192.517 (1) shall review biennially all cases pertaining to sterilization under this chapter and shall […]
Section 436.295 – Court determination of ability to consent.
(1) If the court does not determine by clear and convincing evidence that the respondent lacks the ability to give informed consent for sterilization: (a) 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 […]
Section 436.205 – Definitions.
As used in this chapter unless the context requires otherwise: (1) “Best interest” means that: (a) The individual is physically capable of procreating; (b) The individual is likely to engage in sexual activity at the present or in the near future under circumstances likely to result in pregnancy; (c) All less drastic alternative contraceptive methods, […]
Section 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 unnecessary sterilization of such individuals, and to assure equal access to desired […]
Section 436.225 – Obtaining informed consent.
(1) In obtaining informed consent for sterilization a physician, physician assistant 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: (a) Advice that the individual is free […]
Section 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 assistant 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 shall be […]
Section 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: (1) The name, age and residence of the respondent. (2) The names and residences of any parents, spouse, legal guardian or conservator of the respondent. (3) A statement of the facts describing the respondent’s […]