When Informed Consent Must Be Obtained

(A) A member’s consent for sterilization will be considered informed and voluntary only if such consent is obtained at least 30 days, but not more than 180 days, before the date of the sterilization procedure, except in the case of premature delivery or emergency abdominal surgery. A member may consent to be sterilized at the time of a premature delivery or emergency abdominal surgery if at least 72 hours have passed since the member gave informed consent for the sterilization in the manner specified in 130 CMR 485.409. In the case of premature delivery, the informed consent must have been given at least 30 days before the expected date of delivery. (B) A member’s consent for sterilization will not be considered informed or voluntary if such consent is obtained or given while the member requesting sterilization is: (1) in labor or childbirth; (2) seeking to obtain or obtaining an abortion; or (3) under the influence of alcohol or other substances that affect the individual's state of awareness. (C) Shortly before the performance of the sterilization procedure, the physician performing the sterilization must orally inform the member of all of the information and advice specified in 130 CMR 485.409(A).