Title 39, HEALTH AND SAFETY

39-3905. APPOINTMENT OF COUNSEL. Persons subject to this chapter shall have counsel at all stages of the proceedings provided for in this chapter. Unless independently provided for by the persons subject to this chapter, counsel shall be appointed by the district court which shal…

39-3906. NOTICE. The court shall order that the petition be served personally upon the person subject to this chapter, his or her guardian or parent, his or her counsel, his or her guardian ad litem, and such other persons as the court may designate.

39-3907. REFERRAL TO THE EVALUATION COMMITTEE. The court shall refer the petition to the evaluation committee for review and recommendation.

39-3908. HEARING. (1) The court shall set a hearing on the petition upon receipt of the recommendation of the evaluation committee and shall order that copies of the evaluation committee's reports and notice of the time and place of the hearing be provided the person subject to t…

39-3909. CRITERIA. (1) The court may grant an order authorizing a specific sterilization procedure if the court finds by clear and convincing evidence that the person subject to this chapter is functionally capable of giving and withholding informed assent to the proposed sterili…

39-3910. AUTHORIZED STERILIZATION PROCEDURE. A sterilization procedure authorized under this chapter shall not include hysterectomy or castration unless the court finds by clear and convincing evidence that hysterectomy or castration is medically necessary treatment, independent …

39-3911. APPEALS. The order approving, denying or otherwise disposing of the petition for sterilization shall be appealable to the supreme court of Idaho. Such appeal may be perfected in the same manner as in civil actions. In the case of appeals from any order directing steriliz…

39-3912. EVALUATION COMMITTEE. (1) There is established the evaluation committee composed of persons contracted by or employees of the department of health and welfare. (2) The committee shall review and make recommendations to the court on all petitions for sterilization. In mak…

39-3913. CONFIDENTIALITY OF AND ACCESS TO RECORDS. (1) Records developed by the evaluation committee and records contained in court files of judicial proceedings brought under this chapter shall be governed by the provisions of chapter 1, title 74, Idaho Code. (2) The administrat…

39-3914. CIVIL AND CRIMINAL IMMUNITY -- EXCEPTION. When an operation shall have been performed in compliance with the provisions of this law, no physician duly licensed to, without restriction, practice medicine and surgery in this state or other person legally participating in t…

39-3915. REFUSAL TO PARTICIPATE IN STERILIZATION. No hospital shall be required to furnish facilities or admit any patient for sterilization procedures if, upon determination by its governing board, it elects not to do so. No physician, nurse, technician or other employee of any …