Chapter 255 Oregon Laws 2001

AN ACT

HB 2616

Relating to sterilization; amending ORS 436.275 and 436.295.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 436.275 is amended to read:

436.275. (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 of the information set forth in ORS 436.225 (1); and

(b) Reports from an interdisciplinary team of at least three professionals who have experience working with disabilities similar to those affecting the respondent. The reports shall:

(A) Contain specific information regarding the respondent’s ability to give informed consent [and shall];

(B) Indicate the specific aspects, if any, of informed consent [which] that the respondent lacks[.]; and

(C) [Each professional shall state the reason for the professional’s opinion] Contain a statement by each professional explaining the reason for the professional’s opinion.

(2) For purposes of subsection (1)(a) of this section, “testimony” means:

(a) Sworn testimony given in person by the respondent to the court at any hearing on the respondent’s ability to give informed consent to sterilization; or

(b) A sworn affidavit, if the respondent’s presence has been waived pursuant to ORS 436.285.

[(2)] (3) The respondent or the respondent’s counsel shall have the right to present evidence and to cross-examine witnesses who testify at the hearing.

[(3)] (4) Witnesses or other persons necessary for the conduct of the hearing may be subpoenaed. The person filing the petition or the respondent may have compulsory attendance of witnesses on behalf of the requesting party in the same manner as provided in ORS 136.567 to 136.603. The form of the subpoena shall be substantially as provided in ORS 136.575 (4) or (6), but shall describe the action as a “probate sterilization proceeding” and the appearance as on behalf of “the petitioner,” or “the respondent.”

SECTION 2. ORS 436.295 is amended to read:

436.295. (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 [does] has the ability to give informed consent to sterilization, the court shall issue an order so stating and permitting the sterilization to be performed. Prior to the performance of the sterilization, the physician and hospital involved shall obtain the written informed consent of the person for sterilization.

(b) If the respondent refuses to consent to sterilization, the court shall issue an order so stating and forbidding sterilization of the respondent, unless the respondent later makes a different choice and only after a rehearing under this section.

(2) If the court determines by clear and convincing evidence that the respondent [is not able to give] lacks the ability to give informed consent for sterilization, the court shall retain its jurisdiction and continue the hearing to determine whether sterilization is in the best interests of the respondent.

Approved by the Governor May 30, 2001

Filed in the office of Secretary of State May 30, 2001

Effective date January 1, 2002

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