(1) In obtaining informed consent for sterilization a physician 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 to withhold or withdraw consent to the procedure at any time before the sterilization without affecting the right to future care or treatment;
(b) A description of available alternative methods of family planning and birth control;
(c) Advice that the sterilization procedure is considered to be irreversible;
(d) A thorough explanation of the specific sterilization procedure to be performed;
(e) A full description of the discomforts and risks that may accompany or follow the performing of the procedure, including an explanation of the type and possible effects of any anesthetic to be used; and
(f) A full description of the benefits or advantages that may be expected as a result of the sterilization.
(2) A natural parent, or a legal guardian or conservator of a minor child or protected person appointed under ORS chapter 125, may not give substitute consent for sterilization.
(3) Whenever any physician has reason to believe an individual 15 years of age or older is unable to give informed consent, no sterilization shall be performed until it is determined by a circuit court that the individual involved is able to and has given informed consent. Whenever the court determines, under the provisions of this chapter, that a person lacks the ability to give informed consent, the court shall permit sterilization only if the person is 18 years of age or older and only upon showing that such operation, treatment or procedure is in the best interest of the individual.
(4) Informed consent may not be obtained while the individual to be sterilized is:
(a) In labor or childbirth;
(b) Seeking to obtain or obtaining an abortion; or
(c) Under the influence of alcohol or other substances that affect the individual’s state of awareness. [1983 c.460 §5; 1995 c.664 §98]
Section: Previous 436.120 436.125 436.130 436.140 436.150 436.205 436.215 436.225 436.235 436.245 436.255 436.265 436.275 436.285 436.295 NextLast modified: August 7, 2008