71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2504
 
                         House Bill 2616
 
Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon
  Advocacy Center)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Requires court to receive testimony from respondent regarding
respondent's receipt and understanding of certain information at
hearing on respondent's ability to give informed consent to
sterilization.
 
                        A BILL FOR AN ACT
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.
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