Title 36, Public Health and Safety

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…

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 resp…

(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. (2) The court may, at its discretion, hold a hearing on the petition at a place other than the c…

(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. (2) If the respondent is not represented by counsel and appears to be…

(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: (a) Testimony from the respondent regarding the respondent’s receipt and understanding o…

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 res…

(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 …

(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…

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 …

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. [19…

(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 bienni…