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What is NYC AC § 17-405?

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This section outlines the requirements for obtaining informed consent prior to sterilization procedures. It mandates an informational session conducted by a non-operating physician, the use of a standardized consent form, and assurances regarding medical services. Applies to healthcare providers performing sterilizations.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 17-405 Requirements for informed consent.

AC § 17-405

No sterilization shall be performed which does not meet the following conditions: 1. Initial consent may not be elicited from a female patient during admission or hospitalization for childbirth or abortion.

2.An informational session conducted by a counselor, who is not the operating physician, must precede the patient's consent. During the session, information about the irreversibility of sterilization, alternative methods of contraception, and the corresponding risks must be discussed in the preferred language of the patient.

3.Written informed consent for sterilization must be obtained from each patient. A standardized consent form must be used to satisfy this requirement. The form, supplied by the department must be explained orally by the counselor in the presence of a witness. A copy of the signed consent form shall be provided the patient.

4.On admission to the facility where the sterilization will be performed each patient must give written affirmation of his or her informed consent to the sterilization.

5.The patient must be given oral and written assurance that medical services or benefits will not be lost as a result of refusing sterilization.

6.Contraceptive devices will be prescribed for the patient's use during the thirty-day waiting period.

7.Consent for the sterilization may be revoked any time prior to the operation.

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