(a) The Consent Form, provided by the Department in English and Spanish, shall be the only approved form and shall be signed and dated by the:
(1) Individual to be sterilized.
(2) Interpreter, if one is provided.
(3) Person who obtained the consent.
(4) Physician who performed the sterilization procedure, or an alternate physician.
(b) The person securing consent shall certify, by signing the Consent Form, that he or she:
(1) Advised the individual to be sterilized before the individual to be sterilized signed the Consent Form, that no federal benefits may be withdrawn because of the decision not to be sterilized.
(2) Explained orally the requirements for informed consent to the individual to be sterilized as set forth on the Consent Form and in Section 70707.3.
(3) Determined to the best of his/her knowledge and belief that the individual to be sterilized appeared to understand the content and nature of the informed consent process as specified in 70707.3 and knowingly and voluntarily consented to be sterilized.
(c) The physician performing the sterilization, or an alternate physician shall certify, by signing the Consent Form, that:
(1) The physician or an alternate physician, shortly before the performance of the sterilization, advised the individual to be sterilized that federal benefits shall not be withheld or withdrawn because of a decision not to be sterilized.
(2) The physician or an alternate physician explained orally the requirements for informed consent as set forth on the Consent Form.
(3) To the best of the physician's or an alternate physician's knowledge and belief, the individual to be sterilized appeared to knowingly and voluntarily consent to be sterilized.
(4) At least 30 days have passed between the date of the individual's signature on the Consent Form and the date upon which the sterilization was performed, except in the following instances:
(A) Sterilization may be performed at the time of emergency abdominal surgery if the physician:
1. Certifies that the written informed consent to be sterilized was given at least 30 days before the individual intended to be sterilized.
2. Certifies that at least 72 hours have passed after written informed consent to be sterilized was given.
3. Describes the emergency on the Consent Form.
(B) Sterilization may be performed at the time of premature delivery if the physician certifies that:
1. The written informed consent was given at least 30 days before the expected date of the delivery. The physician shall state the expected date of the delivery on the Consent Form.
2. At least 72 hours have passed after written informed consent to be sterilized was given.
(C) The patient voluntarily requests in writing that the procedure be performed in less than 30 days. However, in no case shall a sterilization be performed in less than 72 hours following the signing of the Consent Form.
(d) The interpreter, if one is provided, shall certify that he or she:
(1) Transmitted the information and advice presented orally to the individual to be sterilized.
(2) Read the Consent Form and explained its contents to the individual to be sterilized.
(3) Determined to the best of his/her knowledge and belief that the individual to be sterilized understood that the interpreter told the individual.
(e) The person who obtains consent shall provide the individual to be sterilized with a copy of the booklet on sterilization, provided by the Department in English and Spanish before obtaining consent.
(f) For the purposes of this section, shortly before means a period within 72 hours prior to the time the patient receives any preoperative medication.
Credits
Note: Authority cited: Sections 208(a), 1275 and 1276, Health and Safety Code. Reference: Section 1250, Health and Safety Code.
History
1. New section filed 5-27-77; effective thirtieth day thereafter (Register 77, No. 22).
2. Repealer and new section filed 4-17-81; effective thirtieth day thereafter (Register 81, No. 16).
3. Amendment of subsections (a)(4) and (c) filed 7-1-83; effective thirtieth day thereafter (Register 83, No. 27).
This database is current through 5/10/24 Register 2024, No. 19.
