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law now waitingfor Medi-Cal doesn't affectprivatewould extend thed to 14 days for allnontherapeuticNewBy Donna Ferrkro and Nan CallenderThe State Department of Health held public hearings in San Francisco, Feb. 12, on the proposed regulations regarding human sterilization. Similar hearings were conducted in Sacramento on Feb. 8 and in Los Angeles on Feb. 14.The proposed regulationsamend sections of Title 22 on• *Human Sterilization in two different areas — Division 3, which pertains to Medi-Cal recipients and Division 5, which affects all hospitals in the state.The regulationsFederal law threea fornewUnder the new reguiauwi u«cpossibility exists of waiving the 14 day period if s. consent document is signed, but a mandatoiy three day waitSterilization guidelinesstill holds.The regulations clearly delineate the informed consent process. They state that a woman can not sign the document while under the influence of a drug which impairs judgement, while in labor or less than *24 hours postpartum or surgery. A witness must be present andDr. Carol Winograd, a Stanford Physician, testified at last week's hearing on proposed sterilization regulations held by the StateDepartment of Health.that witness can not be the physician or her/his associate or an employee of the hospital.The discussion must be in the language of the patient and must include information about the sterilization procedures and its full effects.The proposed rules also require that the woman be at least 18 years of age with theability to understand the informed consent process. Most importantly, the woman must be told that she will not lose any public benefits or medical services if she decides not to be sterilized. Noncompliance by the physician would result in an inquiry by the Board of Medical Quality Assurance.Division 5 of the regulationsproposedproposes additional guidelines to hospitals regarding sterilization reporting requirements. Hospitals will be required to record the total number of sterilizations, including diagnoses and procedures used, the number and type of sterilizations done by each physician, and other demographic and medical data required by the Department of Health. Noncompliance by the hospital could result in revocation of its license.The oppositionThe major opposition to the regulations comes from the California Hospital Association (CHA) and the California Medical Association (CMA). The CHA claims that the regulations are beyond the scope of the authority vested in the state Department of Health.Erica B. Grubb, however, Counsel to the Coalition for the Medical Rights of Women, offered extensive legal justification for the Department of Health’s authority.Continued on Page 4
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San Francisco Synapse
San Francisco, California, US
Thu, Feb 17, 1977
Page 1
Full Page
Clipped by
Katlyn O.
USA 12 May 2022
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