§ 1951. — 1951. (Enacted by Stats. 1990, Ch. 79.)

(a)
No person who has the ability to consent to his or her sterilization shall be sterilized pursuant to this chapter.
(b)
For the purposes of this chapter, the following terms have the meanings given:
(1)
“Consent to sterilization” means making a voluntary decision to undergo sterilization after being fully informed about, and after fully understanding the nature and consequences of, sterilization.
(2)
“Voluntary” means performed while competent to make the decision, and as a matter of free choice and will and not in response to coercion, duress, or undue influence.
(3)
“Fully understanding the nature and consequences of sterilization,” includes, but is not limited to, the ability to understand each of the following:
(A)
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 publicly funded program benefits to which the individual might be otherwise entitled.
(B)
Available alternative methods of family planning and birth control.
(C)
That the sterilization procedure is considered to be irreversible.
(D)
The specific sterilization procedure to be performed.
(E)
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.
(F)
The benefits or advantages that may be expected as a result of the sterilization.
(G)
The approximate length of the hospital stay.
(H)
The approximate length of time for recovery.
(c)
The court shall appoint a facilitator or interpreter if such a person’s assistance would enable the person named in the petition to understand any of these factors.

Legislative History

Enacted by Stats. 1990, Ch. 79.