34-B §7004. Informed consent required for sterilization - Maine Statutes

Title 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES HEADING: PL 1995, C. 560, PT. K, §7 (RPR); 2001, C. 354, §3 (AMD)

Chapter 7: DUE PROCESS IN STERILIZATION ACT OF 1982

§7004. Informed consent required for sterilization

1. Informed consent required. Except as provided in this chapter, prior to initiating sterilization procedures on any individual, a physician shall obtain and record the informed consent of that individual.

[ 1983, c. 459, §7 (NEW) .]

2. Hearing required to determine ability to give informed consent for sterilization. A hearing to determine ability to give informed consent for sterilization is required when sterilization is sought for:

A. Persons under age 18 years and not married or otherwise emancipated; [1983, c. 459, §7 (NEW).]

B. Persons presently under public or private guardianship or conservatorship; [1983, c. 459, §7 (NEW).]

C. Persons residing in a state institution providing care, treatment or security, or otherwise in state custody; or [1983, c. 459, §7 (NEW).]

D. Persons from whom a physician could not obtain informed consent. [1983, c. 459, §7 (NEW).]

SECTION HISTORY

1983, c. 459, §7 (NEW).