New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 66 - INDEPENDENT CLINIC SERVICES
Subchapter 2 - PROVISION OF SERVICES
Section 10:66-2.15 - Sterilization services
Universal Citation: NJ Admin Code 10:66-2.15
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Sterilization is any medical procedure, treatment, or operation performed for the purpose of rendering an individual permanently incapable of reproducing.
1. The individual to be sterilized shall be
at least 21 years of age at the time the sterilization consent form is signed
by the individual to be sterilized.
2. The individual to be sterilized shall not
be mentally incompetent or institutionalized.
i. A mentally incompetent individual is an
individual who has been declared mentally incompetent by a Federal, State, or
local court of competent jurisdiction for any purpose, unless the individual
has been declared competent for purposes which include the ability to consent
to sterilization.
ii. An
institutionalized individual is an individual who is:
(1) Involuntarily confined or detained, under
a civil or criminal statute, in a correctional or rehabilitative facility,
including a mental hospital or other facility for the care and treatment of
mental illness; or
(2) Confined,
under a voluntary commitment, in a mental hospital or other facility for the
care and treatment of mental illness.
3. The individual to be sterilized shall have
voluntarily given informed consent in accordance with all the requirements
prescribed in
42 CFR 441.257
through
441.258.
4. At least 30 days, but not more than 180
days, shall have passed between the date of informed consent and the date of
the sterilization, except in the case of premature delivery or emergency
abdominal surgery. An individual may consent to be sterilized at the time of
premature delivery or emergency abdominal surgery, if at least 72 hours have
passed since he or she gave informed consent for the sterilization.
i. In the case of premature delivery, the
informed consent shall have been given at least 30 days before the expected
date of delivery.
ii. If an
individual desires to be sterilized at the time of delivery, the consent form
should be signed by the individual no earlier than the fifth month of pregnancy
to minimize the possibility of exceeding the 180 day limit.
5. Informed consent is considered
to be given only if:
i. The person who
obtained consent for the sterilization procedure offered to answer any
questions the individual may have concerning the procedure, provided a copy of
the consent form and provided, orally, all of the following information or
advice 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 otherwise be entitled;
(2) A 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 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;
and
(7) Advice that the
sterilization shall not be performed for at least 30 days, except under the
circumstances specified in (a)4 above;
ii. Suitable arrangements were made to insure
that the information specified in (a)5i above was effectively communicated to
any individual who is blind, deaf, or otherwise handicapped;
iii. 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;
iv. The individual to be sterilized was
permitted to have a witness of his or her choice present when consent was
obtained;
v. The consent form
requirements of
42 CFR
441.258 were met; and
vi. Any additional requirement of State or
local law for obtaining consent, except a requirement for spousal consent, was
followed.
6. Informed
consent may not be obtained while the individual to be sterilized is:
i. In labor or childbirth;
ii. Seeking to obtain or obtaining
termination of pregnancy services; or
iii. Under the influence of alcohol or other
substances that affect the individual's state of awareness.
7. The consent form shall be an
exact replica of the Federal form.
i. The
consent form shall be signed and dated by the individual to be sterilized; the
interpreter, if one was provided; the person who obtained the consent; and the
physician who performed the sterilization procedure. A copy of the consent form
shall be given to the individual.
ii. The Fiscal Agent Billing Supplement,
N.J.A.C. 10:66-Appendix, contains additional information and instructions for
the consent form's proper completion.
8. Claims for sterilization services are
hard-copy restricted; electronic billing is not permitted.
Disclaimer: These regulations may not be the most recent version. New Jersey 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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
