Oregon Statutes - Chapter 436 - Sterilization

• 436.010   [Amended by 1967 c.441 §1; repealed by 1983 c.460 §2]
• 436.020   [Amended by 1955 c.556 §1; 1955 c.660 §29; 1967 c.441 §4; 1969 c.314 §43; 1971 c.650 §16; repealed by 1983 c.460 §2]
• 436.025   [1967 c.441 §3 (1); repealed by 1983 c.460 §2]
• 436.030   [Amended by 1955 c.651 §11; 1955 c.660 §30; 1961 c.173 §1; repealed by 1965 c.264 §12]
• 436.035   [1967 c.441 §3 (2); repealed by 1983 c.460 §2]
• 436.040   [Repealed by 1965 c.264 §1 (436.041 enacted in lieu of 436.040)]
• 436.041   [1965 c.264 §2 (enacted in lieu of 436.040); 1967 c.441 §5; 1971 c.734 §50; repealed by 1983 c.460 §2]
• 436.050   [Amended by 1961 c.173 §2; 1965 c.264 §3; part renumbered 436.055; 1967 c.441 §6; repealed by 1983 c.460 §2]
• 436.055   [Formerly part of 436.050; repealed by 1967 c.441 §7 (436.056 enacted in lieu of 436.055)]
• 436.056   [1967 c.441 §8 (enacted in lieu of 436.055); repealed by 1983 c.460 §2]
• 436.060   [Repealed by 1965 c.264 §4 (436.061 enacted in lieu of 436.060)]
• 436.061   [1965 c.264 §5 (enacted in lieu of 436.060); 1967 c.441 §9; repealed by 1983 c.460 §2]
• 436.070   [Amended by 1965 c.264 §6; 1967 c.441 §10; repealed by 1983 c.460 §2]
• 436.080   [Repealed by 1983 c.460 §2]
• 436.090   [Amended by 1965 c.264 §7; 1967 c.441 §11; 1973 c.823 §138; repealed by 1983 c.460 §2]
• 436.100   [Amended by 1965 c.264 §8; 1967 c.441 §12; 1969 c.391 §12; 1973 c.823 §139; 1973 c.829 §51; repealed by 1983 c.460 §2]
• 436.110   [Amended by 1965 c.264 §9; 1967 c.441 §13; 1971 c.734 §51; repealed by 1983 c.460 §2]
• 436.115   [1971 c.734 §53; repealed by 1983 c.460 §2]
• 436.120   [Amended by 1965 c.264 §10; 1967 c.441 §14; repealed by 1971 c.734 §21]
• 436.125   [1971 c.734 §54; repealed by 1983 c.460 §2]
• 436.130   [Amended by 1965 c.264 §11; repealed by 1971 c.734 §21]
• 436.140   [Repealed by 1983 c.460 §2]
• 436.150   [Amended by 1973 c.829 §52; repealed by 1983 c.460 §2]
• 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...
• 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...
• 436.225   Obtaining informed consent.
  (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...
• 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,...
• 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...
• 436.255   Court hearing on petition; notice.
  (1) Upon such a petition for determination of ability to give informed consent, the court shall assign a time, not later than 30 days thereafter,...
• 436.265   Appointment of counsel; payment of expenses.
  (1) If the respondent requests counsel but is determined to be financially eligible for appointed counsel at state expense, the court shall appoint suitable counsel...
• 436.275   Admissible evidence; subpoenas.
  (1) 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...
• 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,...
• 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)...
• 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...
• 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...
• 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...
• 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...

Last modified: August 7, 2008