HB 1040

The bill requires a person with an intellectual and developmental disability (person) to receive counseling on the long-term impacts of sterilization and the less intrusive means available to prevent pregnancy before the person consents to sterilization. The counseling must take place regardless of whether the person is deemed competent to give consent. The bill prohibits sterilization of a person with an intellectual or developmental disability against the person's will unless maintaining fertility or a pregnancy would if the person has decision-making capacity. The bill prohibits sterilization of a person who does not have decision-making capacity because of the person's intellectual or developmental disability, except in circumstances that pose an imminent threat to the life or health of the person and in accordance with processes in existing law that allow another person with legal authority to make medical decisions for the person to consent on the person's behalf. The bill requires a petition for court-ordered sterilization to include a statement that the person has received counseling on the long-term impacts of sterilization and the less intrusive means available to prevent pregnancy. If a person expresses a desire to the court to maintain fertility and does not want to undergo sterilization, the bill prohibits a court from ordering sterilization unless sterilization is necessary to preserve the life or health of the person. The bill repeals provisions that: Explain what happens when there is a disagreement about whether an adult with an intellectual or developmental disability is capable of consenting to sterilization; Set forth a process for a person to petition a court for, and a court to order, sterilization of a person with an intellectual or developmental disability who either cannot consent or is a minor; and Requires all records, hearings, and proceedings related to a decision to sterilize a person with an intellectual or developmental disability to remain confidential. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)