Colorado § 25.5-10-231 Sterilization rights

Colorado Statutes

§ 25.5-10-231 — Sterilization rights

Colorado·Title 25.5 Health·Art. Community Living

(1)It is the intent of the general assembly that the procedures set forth in the following subsections be utilized when sterilization is being considered for the primary purpose of rendering the person incapable of reproduction.

(2)Any person with an intellectual and developmental disability over eighteen years of age who has given informed consent has the right to be sterilized, subject to the following:

(a)Prior to the procedure, competency to give informed consent and assurance that such consent is voluntarily and freely given shall be evaluated by the following:

(I)A psychiatrist, psychologist, or physician who does not provide services or supports to the person and who has consulted with and interviewed the person with an intellectual and developmental disability; and

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(1) It is the intent of the general assembly
that the procedures set forth in the following subsections be utilized when
sterilization is being considered for the primary purpose of rendering the person
incapable of reproduction.

(2) Any person with an intellectual and developmental disability over
eighteen years of age who has given informed consent has the right to be sterilized,
subject to the following:

(a) Prior to the procedure, competency to give informed consent and
assurance that such consent is voluntarily and freely given shall be evaluated by
the following:

(I) A psychiatrist, psychologist, or physician who does not provide services or
supports to the person and who has consulted with and interviewed the person with
an intellectual and developmental disability; and

(II) An intellectual and developmental disabilities professional who does not
provide services or supports in which said person participates, and who has
consulted with and interviewed the person with an intellectual and developmental
disability.

(b) The professionals who conducted the evaluation pursuant to paragraph
(a) of this subsection (2) shall consult with the physician who is to perform the
operation concerning each professional's opinion in regard to the informed consent
of the person requesting the sterilization.

(3) Any person with an intellectual and developmental disability whose
capacity to give an informed consent is challenged by the intellectual and
developmental disabilities professional or the physician may file a petition with the
court to declare competency to give consent pursuant to the procedures set forth
in section 25.5-10-232.

(4) No person with an intellectual and developmental disability who is over
eighteen years of age and has the capacity to participate in the decision-making
process regarding sterilization shall be sterilized in the absence of the person's
informed consent. No minor may be sterilized without a court order pursuant to
section 25.5-10-233.

(5) Sterilization conducted pursuant to this section shall be legal. Consent
given by any person pursuant to subsection (2) of this section is not revocable after
sterilization, and no person shall be liable for acting pursuant to such consent.

Colorado § 25.5-10-231 (Sterilization rights) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.