Cal. Code Regs. Tit. 22, § 70707.1 - 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 18 years old at the time the consent is obtained, or the
individual is under 18 and:
(A) Has entered
into a valid marriage, whether or not such marriage was terminated by
dissolution; or
(B) Is on active
duty with the United States armed services; or
(C) Is over 15 years old, lives apart from
his or her parents or guardian(s) manages, his or her own financial affairs;
or
(D) Has received a declaration
of emancipation pursuant to Section
64 of the Civil
Code.
(2) The individual
is able to understand the content and nature of the informed consent process as
specified in 70707.3.
(3) The
individual has voluntarily given informed consent in accordance with all the
requirements prescribed in Sections
70707.1 through
70707.6.
(4) At least 30 days, but not more than 180
days, have passed between the date of 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.
(C) The patient
voluntarily requests in writing that the procedure be performed in less than 30
days. However, in no case shall a sterilization be performed in less than 72
hours following the signing of the consent form.
Notes
2. Repealer and new section filed 4-17-81; effective thirtieth day thereafter (Register 81, No. 16).
Note: Authority cited: Sections 208, 1275, 1276, Health and Safety Code. Reference: Sections 1250 et seq., Health and Safety Code; Sections 25.6, 25.7, 34.6, and 63, Civil Code.
2. Repealer and new section filed 4-17-81; effective thirtieth day thereafter (Register 81, No. 16).
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