Informed consent required for sterilization

34-B M.R.S. § 7004, under DUE PROCESS IN STERILIZATION ACT OF 1982.

34-B M.R.S. § 7004

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.

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.