Oregon Statutes 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:
Terms Used In Oregon Statutes 436.225
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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, including supervision, education and training, have proved unworkable or inapplicable, or are medically contraindicated;
(d) The proposed method of sterilization conforms with standard medical practice, is the least intrusive method available and appropriate, and can be carried out without unreasonable risk to the life and health of the individual; and
(e) The nature and extent of the individual's disability, as determined by empirical evidence and not solely on the basis of standardized tests, renders the individual permanently incapable of caring for and raising a child, even with reasonable assistance. See Oregon Statutes 436.205
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Informed consent: means consent given by an individual 15 years of age or older for sterilization that is:
(a) Based upon a full understanding of the nature and consequences of sterilization pursuant to information requirements set forth in ORS § 436. See Oregon Statutes 436.205
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Sterilization: means any medical procedure, treatment or operation for the purpose of rendering an individual permanently incapable of procreating. See Oregon Statutes 436.205
(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, physician assistant or nurse practitioner 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) Notwithstanding ORS § 435.210, 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; 2014 c.45 § 58; 2023 c.228 § 11]