§ 460:21-a — Sterilization for Contraceptive Purposes; Nonmedical Qualifications Prohibited; Exceptions

I. No health facility which permits sterilization operations for contraceptive purposes to be performed therein shall require the individual upon whom such a sterilization operation is to be performed to meet any special nonmedical qualifications which are not imposed on individuals seeking other types of operations in the health facility. Such prohibited nonmedical qualifications shall include, but not be limited to, age, marital status, and number of natural children. Health facility as used in this paragraph means any hospital, institution or organization which furnishes, permits or performs sterilization operations and wherein a licensed physician is present.
II. Nothing in this section shall prohibit requirements relating to the physical or mental condition of the individual or affect the right of the attending physician to counsel or advise his patient as to whether or not sterilization is appropriate. This section shall not affect existing law with respect to individuals below the age of majority.
III. Nothing in this section shall interfere with the health facility's adherence to federal regulations relative to medicaid patients.

Legislative History

1979, 250:1, eff. Aug. 15, 1979.