[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR50.202]



[Page 138-139]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 50_POLICIES OF GENERAL APPLICABILITY--Table of Contents

 

Subpart B_Sterilization of Persons in Federally Assisted Family Planning 

                                Projects

 

Sec.  50.202  Definitions.



    As used in this subpart:

    Arrange for means to make arrangements (other than mere referral of 

an individual to, or the mere making of an appointment for him or her 

with, another health care provider) for the performance of a medical 

procedure on an individual by a health care provider other than the 

program or project.

    Hysterectomy means a medical procedure or operation for the purpose 

of removing the uterus.

    Institutionalized individual means an individual who is (1) 

involuntarily confined or detained, under a civil or criminal statute, 

in a correctional or rehabilitative facility, including a mental 

hospital or other facility for



[[Page 139]]



the care and treatment of mental illness, or (2) 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 he or she has been 

declared competent for purposes which include the ability to consent to 

sterilization.

    Public Health Service means the Office of the Assistant Secretary 

for Health, Health Resources and Services Administration, National 

Institutes of Health, Centers for Disease Control, Alcohol, Drug Abuse 

and Mental Health Administration and all of their constituent agencies.

    The Secretary means the Secretary of Health and Human Services and 

any other officer or employee of the Department of Health and Human 

Services to whom the authority involved has been delegated.

    Sterilization means any medical procedure, treatment, or operation 

for the purpose of rendering an individual permanently incapable of 

reproducing.



[43 FR 52165, Nov. 8, 1978, as amended at 49 FR 38109, Sept. 27, 1984]