Code of Massachusetts Regulations
130 CMR - DIVISION OF MEDICAL ASSISTANCE
Title 130 CMR 405.000 - Community Health Center Services
Section 405.429 - Sterilization Services: Informed Consent
Universal Citation: 130 MA Code of Regs 130.405
Current through Register 1531, September 27, 2024
A member's consent for sterilization will be considered informed and voluntary only if such consent is obtained in accordance with the requirements specified in 130 CMR 405.429(A) and (B), and such consent is documented as specified in 130 CMR 405.430.
(A) Informed Consent Requirements.
(1) The person who
obtains consent (a physician, nurse, or counselor, for example) must orally
provide all of the following information and advice to the member requesting
sterilization:
(a) advice that the member is
free to withhold or withdraw consent for the procedure at any time before the
sterilization without affecting the right to future care or treatment and
without loss of any federal- or state-funded program benefits to which the
member might otherwise be entitled;
(b) a description of available alternative
methods of family planning and birth control;
(c) advice that the sterilization procedure
is considered irreversible;
(d) a
thorough explanation of the specific sterilization procedure to be
performed;
(e) a full description
of the discomforts and risks that may accompany or follow the procedure,
including an explanation of the type and possible effects of any anesthetic to
be used;
(f) a full description of
the benefits or advantages that may be expected as a result of the
sterilization; and
(g) advice that
the sterilization will not be performed for at least 30 days from the date
consent is given, except under the circumstances specified in
130 CMR
405.429(B)(1).
(2) The person who obtains consent
must also:
(a) offer to answer any questions
the member may have about the sterilization procedure;
(b) give the member a copy of the consent
form;
(c) make suitable
arrangements to ensure that the information and advice required by
130 CMR
405.429(A)(1) are
effectively communicated to any member who is blind, deaf, or otherwise
handicapped;
(d) provide an
interpreter if the member does not understand the language used on the consent
form or the language used by the person obtaining consent; and
(e) allow the member to have a witness of the
member's choice present when consent is obtained.
(B) When Informed Consent Must Be Obtained.
(1) A
member's consent for sterilization will be considered informed and voluntary
only if such consent is obtained at least 30 days, but not more than 180 days,
before the date of the sterilization procedure, except in the case of premature
delivery or emergency abdominal surgery. A member may consent to be sterilized
at the time of a premature delivery or emergency abdominal surgery if at least
72 hours have passed since the member gave informed consent for the
sterilization in the manner specified in
130 CMR
405.429. In the case of a premature delivery,
the informed consent must have been given at least 30 days before the expected
date of delivery.
(2) A member's
consent for sterilization will not be considered informed or voluntary if such
consent is obtained or given while the member requesting sterilization is
(a) in labor or childbirth;
(b) seeking to obtain or obtaining an
abortion; or
(c) under the
influence of alcohol or other substances that affect the individual's state of
awareness.
(3) Shortly
before the performance of the sterilization procedure, the physician performing
the procedure must orally inform the member of all of the information and
advice specified in
130 CMR
405.429(A)(1).
Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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