Congress has passed specific, detailed laws governing consent to sterilizations
performed under federal programs. With one exception, these laws are also a
useful guide to the information that must be provided to all patients
considering a sterilization procedure. The exception is that the federal law
requires a 30-day waiting period between signing the consent to sterilization
and the actual procedure. There is a waiver provision in cases of emergency
abdominal surgery and premature delivery (as long as the form was signed
more than 30 days before the estimated date of delivery), but these waivers
require at least a 72-hour delay.
The waiting period and other federally mandated requirements must be
followed by all medical care practitioners who deliver services in “programs or
projects for health services which are supported in whole or in part by Federal
financial assistance, whether by grant or contract, administered by the Public
Health Service.” These health care practitioners must use the statutorily
approved consent form and patient information brochures mandated in the
federal law. These materials are available from the U.S. Public Health Service.
The following is the summary of the information that must be provided and the
structure of the consent form: