How SB 218 changes current law

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The bill prohibits involuntary sterilization of persons with disabilities by amending existing consent requirements and repealing certain definitions and sections related to sterilization procedures.

• Section 45a-690

  [For the purposes of sections 45a-690 to 45a-700, inclusive]

  Removes the introductory clause defining the purpose of the relevant sections.

• Section 45a-690

  (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.

  Eliminates the definition of 'Best interest' for sterilization determinations.

• Section 45a-691

  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.

  Removes the provision allowing sterilization under certain conditions for individuals under guardianship or conservatorship.

• Section 45a-699a

  [45a-700] → 45a-696

  Updates the reference to the starting point of the sections pertaining to sterilization.

• Section 45a-700

  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.

  Clarifies that medically indicated procedures that may result in sterilization are not limited by the sterilization prohibition.

• Section 45a-700

  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.

  Confirms that hysterectomies cannot be performed for sterilization purposes.

• Section 45a-186(f)

  [45a-699,]

  Removes the reference to section 45a-699 from the list of sections applicable to probate appeal hearings.