[PART 6.] 
INCAPACITATED PERSONS STERILIZATION RIGHTS



 



§560:5-601  Definitions.  As used in
this part:



"Adult" means an individual who has
attained the age of eighteen years.



"Court" means any duly constituted
court.



"Incapacitated person" means a person
as defined in section 560:5-102.



"Informed assent" means a process by
which a ward who lacks the legal capacity to consent to sterilization is given
a fair opportunity to acknowledge the nature, risks, and consequences of the
procedure and, insofar as the ward is able to, indicates willingness and choice
to undergo sterilization.



"Interested person" means an
interested, responsible adult, including but not limited to a public official,
the legal guardian, spouse or reciprocal beneficiary, parent, legal counsel,
adult child, or next of kin of a person allegedly mentally ill, mentally
deficient, or as otherwise provided in this chapter.



"Judge" means any judge of the family
court or per diem judge appointed by the chief justice as provided in section
604-2.



"Licensed physician" means any person
who is licensed to practice medicine or osteopathic medicine in Hawaii under
chapter 453.



"Records" include, but is not limited
to, all written clinical information, observations and reports, or fiscal
documents relating to a ward who has undergone or is about to undergo
sterilization and which is related to the sterilization.



"Sterilization" means any medical or
surgical operation or procedure which can be expected to result in a patient's
permanent inability to reproduce.



"Ward" means an incapacitated person
for whom a guardian has been appointed and who, because of the terms of the
appointment of the guardian, lacks the legal power to consent to sterilization.
[L 1986, c 81, pt of §2; am L 1989, c 130, §3; am L 1997, c 383, §19; am L
2004, c 161, §28; am L 2005, c 22, §38; am L 2009, c 11, §66]



 



Revision Note



 



  In definition of "judge", "604-2"
substituted for "604-1".



 



Note



 



  The 2009 amendment is retroactive to April 3, 2008.  L 2009,
c 11, §76(2).