HB 1040

The act prohibits sterilization of a person with an intellectual and developmental disability without the person's informed consent if the person has decision-making capacity. The act prohibits sterilization of a person with an intellectual and developmental disability without the person's informed consent if the person does not have decision-making capacity, except 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 act repeals provisions that: Explain what happens when there is a disagreement about whether an adult with an intellectual and 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 and developmental disability who either cannot consent or is a minor; and Require all records, hearings, and proceedings related to a decision to sterilize a person with an intellectual and developmental disability to remain confidential. (Note: This summary applies to this bill as enacted.)