Code of Massachusetts Regulations
130 CMR - DIVISION OF MEDICAL ASSISTANCE
Title 130 CMR 421.000 - Family Planning Agency Services
Section 421.439 - Sterilization Services: Informed Consent
Universal Citation: 130 MA Code of Regs 130.421
Current through Register 1531, September 27, 2024
A member's consent for sterilization is considered informed and voluntary only if such consent was obtained in accordance with the requirements specified in 130 CMR 421.439(A) and (B), and such consent is documented as specified in 130 CMR 421.440.
(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 sterilization procedure at any
time prior to that procedure 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 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 in circumstances specified in 130 CMR
421.439(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 421.439(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 was 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 421.439. In the case of 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
was 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 421.439(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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