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.

[PL 1983, c. 459, §7 (NEW).]

Terms Used In Maine Revised Statutes Title 34-B Sec. 7004

  • Informed consent: means consent that is:
A. See Maine Revised Statutes Title 34-B Sec. 7003
  • Physician: means any person licensed to practice medicine under Title 32, chapter 48, subchapter II, or under Title 32, chapter 36, subchapters II and IV. See Maine Revised Statutes Title 34-B Sec. 7003
  • State institution: means :
  • A. See Maine Revised Statutes Title 34-B Sec. 1001
  • Sterilization: means a medical or surgical procedure, the purpose of which is to render an individual permanently incapable of procreation. See Maine Revised Statutes Title 34-B Sec. 7003
  • Under age: means under the age of 18. See Maine Revised Statutes Title 1 Sec. 72
  • 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; [PL 1983, c. 459, §7 (NEW).]
    B. Persons presently under public or private guardianship or conservatorship; [PL 1983, c. 459, §7 (NEW).]
    C. Persons residing in a state institution providing care, treatment or security, or otherwise in state custody; or [PL 1983, c. 459, §7 (NEW).]
    D. Persons from whom a physician could not obtain informed consent. [PL 1983, c. 459, §7 (NEW).]

    [PL 1983, c. 459, §7 (NEW).]

    SECTION HISTORY

    PL 1983, c. 459, §7 (NEW).