(1) An adult in custody may not be restrained mechanically during labor, childbirth or postpartum recovery in a hospital unless:\n(a) The mechanical restraints are reasonably necessary, as determined by a supervising officer, for the safety and security of the adult in custody, correctional staff, other persons or the public; and\n(b) The attending physician determines that use of the mechanical restraints does not present a medical risk to the adult in custody.\n(2) Notwithstanding subsection (1) of this section, the use of a mechanical restraint:\n(a) May not interfere with the adult in custody’s ability to hold the infant, nurse the infant, establish a milk supply, obtain lactation support or receive other postpartum recovery care from hospital staff.\n(b) Must be in the least restrictive manner possible. [2023 c.311 §2]\nNote:\n421.175 becomes operative June 1, 2024. See section 6, chapter 311, Oregon Laws 2023.\nNote:\nSee second note under 421.173.
Oregon Legal Code