US Laws, Codes, Statutes & Cases

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 39
                                STERILIZATION
    39-3902.  DEFINITIONS. For purposes of this chapter, the following words
and terms have the meanings hereinafter stated:
    (1)  "Emergency medical treatment" means immediate medical intervention
required, according to the prevailing medical standards of judgment and
practice within the community, because of the medical condition of the person
subject to this chapter.
    (2)  "Evaluation committee" means an interdisciplinary team consisting of
at least four (4) individuals qualified by education and training to evaluate
an individual as required by the provisions of this chapter, and  an  advocate
designated by the person subject to this chapter. Each committee must include:
two (2) social workers, at least one (1) of whom must be a master's level; a
clinical psychologist or a psychiatrist; and a physician.
    (3)  "Informed assent" means a process by which a person subject to this
chapter who lacks or is alleged to lack the capacity to consent to
sterilization is given a fair opportunity to acknowledge the nature, risks and
consequences of the procedures and, insofar as he or she is able to, indicates
willingness and choice to undergo sterilization.
    (4)  "Interested person" means an interested, responsible adult including,
but not limited to, the legal guardian, spouse, parent, legal counsel, adult
child, or next of kin of a person subject to this chapter, or if none of these
are available, the department of health and welfare.
    (5)  "Medically necessary" means that, according to the prevailing medical
standards of judgment and practice within the community, the procedure is
reasonably calculated to prevent or treat conditions in the person subject to
this chapter that endanger life, cause severe pain, or cause functionally
significant deformity or malfunction, and for which there is not an equally
effective alternative course of treatment available or suitable.
    (6)  "Person subject to this chapter" means all adults, except adults who
may consent to their own treatment pursuant to chapter 45, title 39, Idaho
Code. Adults who are alleged to lack this capacity are also persons subject to
this chapter.
    (7)  "Physician" means a person duly licensed in the state of Idaho to
practice medicine and surgery without restriction pursuant to laws of the
state of Idaho.
    (8)  "Records" includes, but is not limited to, all court files of
judicial proceedings brought under this chapter, written clinical information,
observations and reports, or fiscal documents relating to a person subject to
this chapter who has undergone or is about to undergo sterilization and which
are related to the sterilization.
    (9)  "Sterilization" means any medical or surgical operation or procedure
which can be expected to result in a patient's permanent inability to
reproduce.