Chapter 436 — Chapter 436

ORS 436.010 [Amended by 1967 c.441 §1; repealed by 1983 c.460 §2]

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ORS 436.020 [Amended by 1955 c.556 §1; 1955 c.660 §29; 1967 c.441 §4; 1969 c.314 §43; 1971 c.650 §16; repealed by 1983 c.460 §2]

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ORS 436.025 [1967 c.441 §3 (1); repealed by 1983 c.460 §2]

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ORS 436.030 [Amended by 1955 c.651 §11; 1955 c.660 §30; 1961 c.173 §1; repealed by 1965 c.264 §12]

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ORS 436.035 [1967 c.441 §3 (2); repealed by 1983 c.460 §2]

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ORS 436.040 [Repealed by 1965 c.264 §1 (436.041 enacted in lieu of 436.040)]

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ORS 436.041 [1965 c.264 §2 (enacted in lieu of 436.040); 1967 c.441 §5; 1971 c.734 §50; repealed by 1983 c.460 §2]

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ORS 436.050 [Amended by 1961 c.173 §2; 1965 c.264 §3; part renumbered 436.055; 1967 c.441 §6; repealed by 1983 c.460 §2]

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ORS 436.055 [Formerly part of 436.050; repealed by 1967 c.441 §7 (436.056 enacted in lieu of 436.055)]

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ORS 436.056 [1967 c.441 §8 (enacted in lieu of 436.055); repealed by 1983 c.460 §2]

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ORS 436.060 [Repealed by 1965 c.264 §4 (436.061 enacted in lieu of 436.060)]

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ORS 436.061 [1965 c.264 §5 (enacted in lieu of 436.060); 1967 c.441 §9; repealed by 1983 c.460 §2]

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ORS 436.070 [Amended by 1965 c.264 §6; 1967 c.441 §10; repealed by 1983 c.460 §2]

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ORS 436.080 [Repealed by 1983 c.460 §2]

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ORS 436.090 [Amended by 1965 c.264 §7; 1967 c.441 §11; 1973 c.823 §138; repealed by 1983 c.460 §2]

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ORS 436.100 [Amended by 1965 c.264 §8; 1967 c.441 §12; 1969 c.391 §12; 1973 c.823 §139; 1973 c.829 §51; repealed by 1983 c.460 §2]

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ORS 436.110 [Amended by 1965 c.264 §9; 1967 c.441 §13; 1971 c.734 §51; repealed by 1983 c.460 §2]

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ORS 436.115 [1971 c.734 §53; repealed by 1983 c.460 §2]

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ORS 436.120 [Amended by 1965 c.264 §10; 1967 c.441 §14; repealed by 1971 c.734 §21]

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ORS 436.125 [1971 c.734 §54; repealed by 1983 c.460 §2]

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ORS 436.130 [Amended by 1965 c.264 §11; repealed by 1971 c.734 §21]

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ORS 436.140 [Repealed by 1983 c.460 §2]

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ORS 436.150 [Amended by 1973 c.829 §52; repealed by 1983 c.460 §2]

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ORS 436.200 Voluntary sterilization. (1) 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

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ORS 436.205 Definitions. As used in this chapter unless the context requires otherwise

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ORS 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 medical procedures for these Oregon citizens. [1983 c.460 §4]

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ORS 436.225 Obtaining informed consent. (1) 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

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ORS 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 shall be filed in the circuit court in the county in which the respondent resides or has domicile. [1983 c.460 §6; 2014 c.45 §59; 2024 c.73 §87]

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ORS 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

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ORS 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, and a place for hearing the petition

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ORS 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 to represent the respondent at state expense

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ORS 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 shall not be limited to

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ORS 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 contraindicated. The court shall inquire at the time of the hearing as to the types and effects of any medication being administered to or taken by the respondent. [1983 c.460 §11; 1991 c.67 §117]

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ORS 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

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ORS 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)

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ORS 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 expenses necessary shall be determined and paid as provided in ORS 138.500. [1983 c.460 §16; 1985 c.502 §27; 2001 c.962 §76]

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ORS 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]

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ORS 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)

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