Idaho Admin. Code r. 16.03.09.683

Current through September 2, 2024

Section 16.03.09.683 - FAMILY PLANNING SERVICES: PROCEDURAL REQUIREMENTS

01.Sterilization Consent Form Requirements. Informed consent exists when a properly completed "Consent Form" HW 0034, or its equivalent, is submitted to the Department together with the physician's claim for the sterilization.

a. The consent form must be signed and dated by:

i. The participant to be sterilized; and

ii. The interpreter, if one (1) is provided; and

iii. The individual who obtains the consent; and

iv. The physician who will perform the sterilization procedure.

v. If the individual obtaining the consent and the physician who will perform the sterilization procedure are the same person, that person must sign both statements on the consent form.

b. Informed consent must not be obtained while the participant in question is:

i. In labor or childbirth; or

ii. Seeking to obtain or obtaining an abortion; or

iii. Under the influence of alcohol or other substances that affect the individual's state of awareness.

c. An interpreter must be provided if the participant does not understand the language used on the consent form or the language used by the person obtaining the consent.

d. The person obtaining consent must:

i. Offer to answer any questions the participant may have concerning the procedure; and

ii. Orally advise the participant that they are free to withhold or withdraw consent to the procedure at any time before the sterilization without affecting their right to future care or treatment, and without loss or withdrawal of any federally funded program benefits to which the individual might otherwise be entitled; and

iii. Provide a description of available alternative methods of family planning and birth control; and

iv. Orally advise the participant that the sterilization procedure is considered to be irreversible; and

v. Provide a thorough explanation of the specific sterilization procedure to be performed; and

vi. Provide a full description of the discomfort and risks that may accompany and follow the performing of the procedure, including an explanation of the type and possible effects of any anesthetic to be used; and

vii. Provide a full description of the benefits or advantages that can be expected as a result of the sterilization; and

viii. Advise that the sterilization procedure will not be performed for at least thirty (30) days except under extreme circumstances as specified in Subsection 682.03 of these rules.

e. The person securing the consent from the participant must certify by signing the "Consent Form" that:

i. Before the participant signed the consent form, they were advised that no federal benefits would be withheld because of the decision to be or not to be sterilized; and

ii. The requirements for informed consent as set forth on the consent form were orally explained; and

iii. To the best of their knowledge and belief, the participant appeared mentally competent and knowingly and voluntarily consented to the sterilization.

f. The physician performing the sterilization must certify by signing the "Consent Form" that:

i. At least thirty (30) days have passed between the participant's signature on that form and the date the sterilization was performed; and

ii. To the best of the physician's knowledge the participant is at least twenty-one (21) years of age; and

iii. Before the performance of the sterilization the physician advised the participant that no federal benefits will be withdrawn because of the decision to be or not to be sterilized; and

iv. The physician explained orally the requirement for informed consent as set forth in the "Consent Form"; and

v. To the best of their knowledge and belief the participant to be sterilized appeared mentally competent and knowingly and voluntarily consented to the sterilization.

g. If an interpreter is provided, they must certify by signing the "Consent Form" that:

i. They accurately translated the information and advice presented orally to the participant; and

ii. They read the "Consent Form" and accurately explained its contents; and

iii. To the best of their knowledge and belief, the participant understood the interpreter.

h. The person obtaining consent must sign the "Consent Form" and certify that they have fulfilled specific requirements in obtaining the participant's consent.

i. The physician who performs the sterilization must sign the "Consent Form" HW 0034, certifying that the requirements of this rule have been fulfilled.

Idaho Admin. Code r. 16.03.09.683

Effective March 17, 2022