42 C.F.R. § 441.251
Definitions.
Cite as 42 C.F.R. § 441.251 (2026)
As used in this subpart:
Hysterectomy
means a medical procedure or operation for the purpose of removing the uterus.
Institutionalized individual
means an individual who is (a) involuntarily confined or detained, under a civil or criminal statute, in a correctional or rehabilitative facility, including a mental hospital or other facility for the care and treatment of mental illness; or (b) confined, under a voluntary commitment, in a mental hospital or other facility for the care and treatment of mental illness.
Mentally incompetent individual
means an individual who has been declared mentally incompetent by a Federal, State, or local court of competent jurisdiction for any purpose, unless the individual has been declared competent for purposes which include the ability to consent to sterilization.
Sterilization
means any medical procedure, treatment, or operation for the purpose of rendering an individual permanently incapable of reproducing.