General Assembly Raised Bill No. 218
February Session, 2018 LCO No. 1028
*01028_______PH_*
Referred to Committee on PUBLIC HEALTH
Introduced by:
(PH)
General Assembly
Raised Bill No. 218
February Session, 2018
LCO No. 1028
*01028_______PH_*
Referred to Committee on PUBLIC HEALTH
Introduced by:
(PH)
AN ACT PROHIBITING INVOLUNTARY STERILIZATION OF PERSONS WITH DISABILITIES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 45a-690 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
[For the purposes of sections 45a-690 to 45a-700, inclusive] As used in this section and sections 45a-691 to 45a-696, inclusive, as amended by this act, 45a-699a, as amended by this act, and 45a-700, as amended by this act:
(1) "Sterilization" means a surgical or other medical procedure, the purpose of which is to render an individual permanently incapable of procreating;
(2) "Informed consent" means consent that is (A) based upon an understanding of the nature and consequences of sterilization, (B) given by a person competent to make such a decision, and (C) wholly voluntary and free from coercion, express or implied; and
(3) "Institution" means a state school or hospital or other residential facility operated or leased by the state of Connecticut. [; and]
[(4) "Best interest" shall include all of the following factors: (A) Less drastic alternative contraceptive methods have proved unworkable or inapplicable, (B) the individual is physiologically sexually mature, (C) there is no evidence of infertility, (D) the individual has the capability and a reasonable opportunity for sexual activity, (E) the individual is unable to understand reproduction or contraception and there exists the likely permanence of that inability, (F) the physical or emotional inability to care for a child, (G) the proponents of the sterilization are seeking sterilization in good faith and their primary concern is for the best interests of the respondent rather than their own convenience or the convenience of the public, and (H) in the case of females, procreation would endanger the life or severely impair the health of the individual.]
Sec. 2. Section 45a-691 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
No person shall undergo sterilization unless such person has attained the age of eighteen years and has given informed consent, in writing, to such sterilization. Whenever any physician has reason to believe a person eighteen years or over is unable to give informed consent, or when a person is in a state institution, no such sterilization shall be performed until it is determined by a probate court that the person involved is able to and has given informed consent. [Whenever the court determines, under the provisions of sections 45a-690 to 45a-700, inclusive, that a person has not given informed consent, or whenever a person is under a guardianship or conservatorship, the court shall permit sterilization only upon showing that such operation or procedure is in the best interest of the person.]
Sec. 3. Section 45a-699a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
Except as otherwise provided in this section, an order or decree of a court of probate permitting sterilization pursuant to sections 45a-690 to [45a-700] 45a-696, inclusive, as amended by this act, and 45a-700, as amended by this act, shall be stayed, for a period of not less than ten days from the date of such order or decree, to afford the respondent an opportunity to file an appeal pursuant to part VII of chapter 801b. If no such appeal is filed within such time period, the stay shall be lifted. If such appeal is filed within such time period, the stay shall remain in effect pending the outcome of the appeal. The provisions of this section shall not stay any such order or decree if the court finds that the respondent (1) has attained the age of eighteen years, (2) is able to give informed consent to a sterilization procedure, and (3) has given informed consent, in writing, to such sterilization.
Sec. 4. Section 45a-700 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
Nothing in sections 45a-690 to [45a-700] 45a-696, inclusive, as amended by this act, or 45a-699a, as amended by this act, shall limit surgical or other medical procedures which are medically indicated and which may result in sterilization. A hysterectomy shall not be performed for the purpose of sterilization or for the purpose of hygiene and sanitary care of a female's menses.
Sec. 5. Subsection (f) of section 45a-186 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(f) A hearing in an appeal from probate proceedings under section 17a-77, 17a-80, 17a-498, 17a-510, 17a-511, 17a-543, 17a-543a, 17a-685, 45a-650, 45a-654, 45a-660, 45a-674, 45a-676, 45a-681, 45a-682, [45a-699,] 45a-703 or 45a-717 shall commence, unless a stay has been issued pursuant to subsection (g) of this section, not later than ninety days after the appeal has been filed.
Sec. 6. Section 45a-697 to 45a-699, inclusive, of the general statutes are repealed. (Effective July 1, 2018)
This act shall take effect as follows and shall amend the following sections:
Section 1 July 1, 2018 45a-690
Sec. 2 July 1, 2018 45a-691
Sec. 3 July 1, 2018 45a-699a
Sec. 4 July 1, 2018 45a-700
Sec. 5 July 1, 2018 45a-186(f)
Sec. 6 July 1, 2018 Repealer section
This act shall take effect as follows and shall amend the following sections:
Section 1
July 1, 2018
45a-690
Sec. 2
July 1, 2018
45a-691
Sec. 3
July 1, 2018
45a-699a
Sec. 4
July 1, 2018
45a-700
Sec. 5
July 1, 2018
45a-186(f)
Sec. 6
July 1, 2018
Repealer section
Statement of Purpose:
To prohibit the involuntary sterilization of persons with disabilities.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]