436.225 Obtaining informed consent

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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:

(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 associate 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; 2024 c.73 §86]