2012 Vermont Statutes
Title 18 Health
Chapter 204 STERILIZATION
§ 8706 Voluntary sterilization

§ 8706. Voluntary sterilization

Any mentally retarded person over the age of 18, who does not have either a guardian or protective services worker with the power to consent to nonemergency surgery, may obtain a voluntary sterilization subject to all of the following preconditions:

(1) the mentally retarded person has freely, voluntarily and without coercion, personally requested a physician to perform a sterilization; and

(2) the mentally retarded person has given informed consent to the sterilization in that:

(A) the physician has provided a complete explanation concerning:

(i) the nature and irreversible consequences of a sterilization procedure, and

(ii) the availability of alternative contraceptive measures;

(B) the physician is satisfied that the consent is based upon an understanding of that information and that before the operation is undertaken the physician personally obtains evidence of the person's retention of that understanding, not less than 10 days following the original explanation;

(C) the consent is in writing and signed by the mentally retarded person;

(3) the mentally retarded person has been informed and is aware that his or her consent may be withdrawn at any time prior to the operation;

(4) the physician has reviewed medical records and psychological assessments of the mentally retarded person. (Added 1981, No. 142 (Adj. Sess.), § 1.)