Bill Text: IN HB1366 | 2010 | Regular Session | Introduced
Bill Title: Informed consent for a hysterectomy.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2010-01-13 - First reading: referred to Committee on Public Health [HB1366 Detail]
Download: Indiana-2010-HB1366-Introduced.html
Citations Affected: IC 25-22.5-6-2.2.
Synopsis: Informed consent for a hysterectomy. Requires a physician
to obtain informed consent and provide certain information to a patient
before performing a hysterectomy. Requires the office of women's
health to adopt certain rules concerning consent procedures and
medical reasons for hysterectomies.
Effective: July 1, 2010.
January 13, 2010, read first time and referred to Committee on Public Health.
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(1) Advice that the individual is free to withhold or withdraw consent to the procedure at any time before the hysterectomy without affecting the right to future care or treatment and without loss or withdrawal of any state or federally funded program benefits to which the individual might be otherwise entitled.
(2) A description of the type or types of surgery and other procedures involved in the proposed hysterectomy, and a description of any known available and appropriate
alternatives to the hysterectomy procedure.
(3) Advice that the hysterectomy procedure is considered to
be irreversible, and that infertility will result.
(4) A description of the discomforts and risks that may
accompany or follow the performing of the procedure,
including an explanation of the type and possible effects of
any anesthetic to be used.
(5) A description of the benefits or advantages that may be
expected as a result of the hysterectomy.
(6) The approximate length of hospital stay.
(7) The approximate length of time for recovery.
(8) The estimated financial cost to the patient for the
physician's and surgeon's fees.
(b) The patient shall sign a written statement before the
hysterectomy is performed, indicating she has read and understood
the written information provided under subsection (a), and that
this information has been discussed with her by her attending
physician and surgeon, or the physician's and surgeon's designee.
The statement must indicate that the patient has been advised by
the patient's physician or designee that the hysterectomy will
render the patient permanently sterile and incapable of having
children.
(c) The informed consent procedure under this section is not
required when the hysterectomy is performed in a life threatening
emergency situation in which the physician determines prior
written informed consent is not possible.
(d) The office of women's health (IC 16-19-13-2) shall adopt
rules:
(1) to establish verbal and written informed consent
procedures that must be obtained before the performance of
a hysterectomy; and
(2) that indicate the medically accepted justifications for
performance of a hysterectomy.
(e) If, after a hearing, the board finds that a physician has not
complied with this section, the physician is subject to disciplinary
sanctions under IC 25-1-9.
