[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: 42CFR50.207]



[Page 140-141]

 

                         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.  50.207  Sterilization by hysterectomy.



    (a) Programs or projects to which this subpart applies shall not 

perform or arrange for the performance of any



[[Page 141]]



hysterectomy solely for the purpose of rendering an individual 

permanently incapable of reproducing or where, if there is more than one 

purpose to the procedure, the hysterectomy would not be performed but 

for the purpose of rendering the individual permanently incapable of 

reproducing.

    (b) Except as provided in paragraph (c) of this section, programs or 

projects to which this subpart applies may perform or arrange for the 

performance of a hysterectomy not covered by paragraph (a) of this 

section only if:

    (1) The person who secures the authorization to perform the 

hysterectomy has informed the individual and her representative, if any, 

orally and in writing, that the hysterectomy will make her permanently 

incapable of reproducing; and

    (2) The individual or her representative, if any, has signed a 

written acknowledgment of receipt of that information.

    (c)(1) A program or project is not required to follow the procedures 

of paragraph (b) of this section if either of the following 

circumstances exists:

    (i) The individual is already sterile at the time of the 

hysterectomy.

    (ii) The individual requires a hysterectomy because of a life-

threatening emergency in which the physician determines that prior 

acknowledgment is not possible.

    (2) If the procedures of paragraph (b) of this section are not 

followed because one or more of the circumstances of paragraph (c)(1) 

exist, the physician who performs the hysterectomy must certify in 

writing:

    (i) That the woman was already sterile, stating the cause of that 

sterility; or

    (ii) That the hysterectomy was performed under a life-threatening 

emergency situation in which he or she determined prior acknowledgment 

was not possible. He or she must also include a description of the 

nature of the emergency.



[43 FR 52165, Nov. 8, 1978, as amended at 47 FR 33701, Aug. 4, 1982]