Mich. Admin. Code R. 400.7703 - Informed consent to sterilization

Rule 3.

(1) A provider shall obtain an informed consent to the sterilization procedure from the recipient and shall complete a sterilization consent form.

(2) The sterilization consent form shall be signed by the recipient to be sterilized, the person who obtained the recipient's consent, and the interpreter, if appropriate, not less than 30, nor more than 180, days before the sterilization procedure, except if a premature delivery or emergency abdominal surgery becomes necessary during the required minimum 30-day waiting period before the sterilization procedure. In a case of premature delivery, the recipient shall sign the sterilization consent form not less than 72 hours before the sterilization procedure and not less than 30 days before the expected delivery date. In a case of emergency abdominal surgery, the recipient shall sign the sterilization consent form not less than 72 hours before the sterilization procedure.

(3) At the time that the recipient signs the sterilization consent form, the recipient shall not be less than 21 years old and shall not be in labor, seeking to obtain or obtaining an abortion, or under the influence of alcohol or other substance that affects the recipient's state of awareness.

(4) The provider who obtains the recipient's consent shall comply with all of the following:

(a) Permit the recipient to have a witness of his or her own choice present.

(b) Give the recipient a copy of the sterilization consent form.

(c) Advise the recipient that the sterilization will not be performed in less than 30 days, except as set forth in subrule (2) of this rule.

(d) Offer to answer any questions the recipient may have concerning sterilization.

(e) Advise the recipient that he or she is free to withhold or withdraw consent to the sterilization at any time before the sterilization without affecting the right to future care or treatment and without the loss or withdrawal of any federal or state program benefits to which the recipient might be otherwise entitled.

(f) Describe to the recipient available alternative methods of family planning and birth control.

(g) Advise the recipient that the sterilization procedure is considered to be irreversible.

(h) Give a thorough explanation of the specific sterilization procedure to be performed.

(i) Give a full description of the discomforts and risks that may accompany or follow the performing of the procedure, including an explanation of the type and possible effects of any anesthetic to be used.

(j) Give a full description of the benefits or advantages that may be expected as a result of the sterilization.

(5) If the recipient is deaf, blind, or otherwise handicapped, suitable arrangements shall be made by the provider who obtains the recipient's consent to ensure that the information required by these rules is effectively communicated to the recipient before the recipient signs the sterilization consent form.

(6) If the recipient does not understand the language used on the sterilization consent form or the language used by the person who obtains the recipient's consent, the provider shall ensure that an interpreter is provided before the recipient signs the sterilization consent form.

(7) In addition to the requirements of subrule (4) of this rule and shortly before the sterilization procedure, the provider who performs the sterilization shall explain orally to the recipient the requirements for informed consent set forth in subdivisions (d) to (j) of subrule (4) of this rule.

(8) The provider who performs the sterilization shall sign the sterilization consent form after the sterilization procedure. This signature shall constitute certification that the requirements set forth in these rules have been met.

Notes

Mich. Admin. Code R. 400.7703

1980 AACS