436.205 Definitions
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/or/ors-chapter-436/sterilization/436-205·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 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.
(2)“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 436.225 (1);
(b)Given by an individual competent to make such a decision; and
(c)Wholly voluntary and free from coercion, express or implied.
(3)“Respondent” is the individual for whom sterilization is sought and is the subject of a petition pursuant to this chapter.
(4)“Sterilization” means any medical procedure, treatment or operation for the purpose of rendering an individual permanently incapable of procreating. [1983 c.460 §3; 1991 c.67 §116]