Cal. Code Regs. Tit. 22, § 51305.1 - Criteria for the Performance of Sterilization
(a) A sterilization shall be performed only
if the following conditions are met:
(1) The
individual is at least 21 years old at the time consent is obtained.
(2) The individual is not a mentally
incompetent individual.
(3) The
individual is able to understand the content and nature of the informed consent
process as specified in 51305.3.
(4) The individual is not an
institutionalized individual.
(5)
The individual has voluntarily given informed consent in accordance with all
the requirements prescribed in Section
51305.1 through
51305.4.
(6) At least 30 days, but not more than 180
days, have passed between the date of written informed consent and the date of
the sterilization, except in the following instances:
(A) Sterilization may be performed at the
time of emergency abdominal surgery if the following requirements are met:
1. The written informed consent to be
sterilized was given at least 30 days before the individual intended to be
sterilized.
2. At least 72 hours
have passed after written informed consent to be sterilized was
given.
(B) Sterilization
may be performed at the time of premature delivery if the following
requirements are met:
1. The written informed
consent was given at least 30 days before the expected date of the
delivery.
2. At least 72 hours have
passed after written informed consent to be sterilized was
given.
(b) For the purposes of this section the
following definitions apply:
(1) Mentally
incompetent individual means 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.
(2) Institutionalized individual means an
individual who is:
(A) 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.
(B) Confined, under a voluntary commitment,
in a mental hospital or other facility for the care and treatment of mental
illness.
Notes
2. Change without regulatory effect of NOTE (Register 86, No. 49).
Note: Authority cited: Sections 14105, 14124.5 and 14191, Welfare and Institutions Code. Reference: Sections 14053, 14059, 14133, 14133.25, 14133.3 and 14191, Welfare and Institutions Code.
2. Change without regulatory effect of NOTE (Register 86, No. 49).
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.