Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) An individual has given informed consent
only if:
(1) The person who obtained consent
for the sterilization procedure:
(A) Offered
to answer any questions the individual to be sterilized may have concerning the
procedure.
(B) Provided the
individual with a copy of the consent form and the booklet on sterilization
published by the Department.
(C)
Provided orally all of the following to the individual to be sterilized:
1. Advice that the individual is free to
withhold or withdraw consent to the procedure at any time before the
sterilization without affecting the right to future care or treatment and
without loss or withdrawal of any federally funded program benefits to which
the individual might be otherwise entitled.
2. A full description of available
alternative methods of family planning and birth control.
3. Advice that the sterilization procedure is
considered to be irreversible.
4. A
thorough explanation of the specific sterilization procedure to be
performed.
5. A full description of
the discomforts and risks that may accompany or follow the performing of the
procedure, including an explanation of the type and possible effects of any
anesthetic to be used.
6. A full
description of the benefits or advantages that may be expected as a result of
the sterilization.
7. Approximate
length of hospital stay.
8.
Approximate length of time for recovery.
9. Financial cost to the patient.
10. Information that the procedure is
established or new.
11. Advice that
the sterilization will not be performed for at least 30 days, except under the
circumstances specified in Section
51305.1.
12. The name of the physician performing the
procedure. If another physician is to be substituted, the patient shall be
notified, prior to administering pre-anesthetic medication, of the physician's
name and the reason for the change in physician.
(2) Suitable arrangements were made to ensure
that the information specified in (a)(1) was effectively communicated to any
individual who is blind, deaf, or otherwise handicapped.
(3) An interpreter was provided if the
individual to be sterilized did not understand the language used on the consent
form or the language used by the person obtaining consent.
(4) The individual to be sterilized was
permitted to have a witness of the individual's choice present when consent was
obtained.
(5) The sterilization
operation was requested without fraud, duress, or undue influence.
(6) The consent form requirements of Section
51305.4 were
met.
(b) Informed consent
may not be obtained while the individual to be sterilized is:
(1) In labor or within 24 hours postpartum or
postabortion.
(2) Seeking to obtain
or obtaining an abortion.
(A) Seeking to
obtain means that period of time during which the abortion decision and the
arrangements for the abortion are being made.
(B) Obtaining an abortion means that period
of time during which an individual is undergoing the abortion procedure,
including any period during which preoperative medication is
administered.
(3) Under
the influence of alcohol or other substances that affect the individual's state
of awareness.
(c) The
informed consent process may be conducted either by a physician or by the
physician's designee.
(d) A copy of
the signed consent form shall be:
(1) Provided
to the patient.
(2) Retained by the
physician and the hospital in the patient's medical records.
(3) Attached to the physician's billing
form.
1. New
section filed 5-27-77; effective thirtieth day thereafter (Register 77, No.
22).
2. Repealer and new section filed 6-24-80; designated effective
10-15-80 (Register 80, No. 26).
3. Amendment of subsection (b) filed
12-13-85; effective thirtieth day thereafter (Register 85, No.
52).
Note: Authority cited: Sections
14105,
14124.5
and
14191,
Welfare and Institutions Code. Reference: Sections
14053,
14053.6,
14059,
14105,
14124.5,
14132,
14184
and
14191,
Welfare and Institutions Code.
