(1) An adult in custody may not be restrained mechanically during labor, childbirth or postpartum recovery in a hospital unless:

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(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

(b) The attending physician determines that use of the mechanical restraints does not present a medical risk to the adult in custody.

(2) Notwithstanding subsection (1) of this section, the use of a mechanical restraint:

(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.

(b) Must be in the least restrictive manner possible. [2023 c.311 § 2]

421.175 becomes operative June 1, 2024. See section 6, chapter 311, Oregon Laws 2023.

See second note under 421.173.