34-B §7001. Short title
§7001. Short title This chapter may be cited as the “Due Process in Sterilization Act of 1982.” [PL 1983, c. 459, §7 (NEW).] SECTION HISTORY PL 1983, c. 459, §7 (NEW).
34-B §7002. Legislative intent
§7002. Legislative intent The Legislature finds and declares that sterilization procedures are generally irreversible and represent potentially permanent and highly significant consequences for the patient involved. The Legislature recognizes that certain legal safeguards are necessary to prevent indiscriminate and unnecessary sterilization and to assure equal access to desired medical procedures for all Maine citizens. […]
34-B §7003. Definitions
§7003. Definitions As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1983, c. 459, §7 (NEW).] 1. Custodian. “Custodian” means the person having care and custody over the individual seeking sterilization or the individual for whom sterilization is sought. [PL 1983, c. 459, §7 […]
34-B §7004. Informed consent required for sterilization
§7004. Informed consent required for sterilization 1. Informed consent required. Except as provided in this chapter, prior to initiating sterilization procedures on any individual, a physician shall obtain and record the informed consent of that individual. [PL 1983, c. 459, §7 (NEW).] 2. Hearing required to determine ability to give informed consent for sterilization. […]
34-B §7005. Sterilization authorized by court
§7005. Sterilization authorized by court 1. Court order required. A District Court order authorizing sterilization is required before the sterilization of any person described in section 7004, subsection 2. [PL 1983, c. 459, §7 (NEW).] 2. Determination prior to issuance of order. Before an order may be issued, the court shall determine whether the […]
34-B §7006. Contents of petition for determination of ability to give informed consent for sterilization
§7006. Contents of petition for determination of ability to give informed consent for sterilization The petition for determination of ability to give informed consent for sterilization shall be executed under oath and shall set forth: [PL 1983, c. 459, §7 (NEW).] 1. Person seeking sterilization or for whom sterilization is sought. Name, age and […]
34-B §7007. Submitting petition to determine informed consent; notice of hearing
§7007. Submitting petition to determine informed consent; notice of hearing 1. Petition submission. The petition for a determination of ability to give informed consent shall be submitted to the District Court in the division of residence of the person seeking sterilization or for whom sterilization is sought. [PL 1983, c. 459, §7 (NEW).] 2. […]
34-B §7008. Hearing upon a petition to determine informed consent for sterilization
§7008. Hearing upon a petition to determine informed consent for sterilization 1. Counsel. If the person seeking sterilization or for whom sterilization is sought requests counsel and cannot afford counsel, the court shall appoint counsel to represent that person at public expense. If the person is not represented by counsel and appears to the court […]
34-B §7009. Limitations
§7009. Limitations 1. Consent not to be a condition for exercise of any right, privilege or freedom. Consent to sterilization may not be made a condition for release from or confinement in any institution nor shall it be made a condition for the exercise of any right, privilege or freedom, nor shall it be made […]
34-B §7010. Determination of the best interests of a person unable to give informed consent for sterilization
§7010. Determination of the best interests of a person unable to give informed consent for sterilization The parent, spouse, guardian or custodian of any person found unable to give informed consent for sterilization may petition the District Court, in the county of residence of the person being considered for sterilization, to determine if sterilization is […]
34-B §7011. Contents of petition for consideration of sterilization of a person based upon a determination
§7011. Contents of petition for consideration of sterilization of a person based upon a determination The petition for determination if sterilization is in the best interest of a person shall be executed under oath and shall set forth: [PL 1983, c. 459, §7 (NEW).] 1. Person being considered for sterilization. The name, age and […]
34-B §7012. Notice of hearing upon the petition to determine the best interest of a person being considered for sterilization
§7012. Notice of hearing upon the petition to determine the best interest of a person being considered for sterilization Upon the receipt of a petition, the court shall assign a time, not later than 30 days thereafter, and a place for a hearing on the petition. The court may, at its discretion, hold the hearing […]
34-B §7013. Hearing upon a petition to determine the best interest of a person being considered for sterilization
§7013. Hearing upon a petition to determine the best interest of a person being considered for sterilization 1. Ability to give or withhold informed consent. In all instances where the issue of whether sterilization is in the best interest of a person is to be considered, a prior determination, as required by section 7008, that […]
34-B §7014. Confidentiality; court costs
§7014. Confidentiality; court costs 1. Confidentiality of proceedings and records. All court proceedings occurring under this chapter are confidential and closed to the public, unless the person seeking sterilization or being considered for sterilization, personally or through that person’s attorney, requests that the proceedings be open to the public. Records of the court proceedings are […]
34-B §7015. Penalties
§7015. Penalties 1. Violations. Anyone knowingly or willfully violating section 7009, subsection 1, is guilty of a Class D crime. [PL 1983, c. 459, §7 (NEW).] 2. Falsification of petition; aiding or procuring unlawful sterilization. Anyone knowingly or willfully falsifying a petition under this chapter or otherwise aiding or procuring the performance of a […]
34-B §7016. Liability
§7016. Liability 1. Participation in sterilization. Nothing in this chapter requires any hospital or any person to participate in performing any sterilization procedure, nor may any hospital or any person be civilly or criminally liable for refusing to participate in performing any sterilization procedure. [PL 1983, c. 459, §7 (NEW).] 2. Immunity. A physician, […]
34-B §7017. Sterilization procedures review committee (REPEALED)
§7017. Sterilization procedures review committee (REPEALED) SECTION HISTORY PL 1983, c. 459, §7 (NEW). PL 1985, c. 295, §50 (AMD). PL 1993, c. 360, §I3 (RP).