(a) Except for a previously sterile woman, a hysterectomy may be performed or arranged for by a physician only if:
(1) The person who secures the authorization to perform the hysterectomy has informed the individual and the individual's representatives, if any, orally and in writing, that the hysterectomy will render the individual permanently sterile.
(2) The individual and the individual's representative, if any, has signed a written acknowledgement of receipt of the information in (1).
(3) The individual has been informed of the rights to consultation with a second physician.
(b) A copy of the signed statement shall be:
(1) Provided to the patient.
(2) Retained by the physician and the hospital in the patient's medical records.
(c) For previously sterile women the physician shall discuss with the patient her pre-existing sterility and certify in the patient's health record that the individual was previously sterile and the cause of sterility.
Credits
Note: Authority cited: Sections 208, 1275 and 1276, Health and Safety Code. Reference: Sections 1275, 1276 and 1294, Health and Safety Code.
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 subsection (a) and new subsection (c) filed 2-25-86; effective thirtieth day thereafter (Register 86, No. 9).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 22, § 70707.5, 22 CA ADC § 70707.5
