(a)CA Health and Safety Code § 1690(a)
Prior to the performance of a hysterectomy, physicians and surgeons shall obtain verbal and written informed consent. The informed consent procedure shall ensure that at least all of the following information is given to the patient verbally and in writing:
(1)CA Health and Safety Code § 1690(a)(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)CA Health and Safety Code § 1690(a)(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 itself.
(3)CA Health and Safety Code § 1690(a)(3)
Advice that the hysterectomy procedure is considered to be irreversible, and that infertility will result; except as provided in subdivision (b).
(4)CA Health and Safety Code § 1690(a)(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)CA Health and Safety Code § 1690(a)(5)
A description of the benefits or advantages that may be expected as a result of the hysterectomy.
(6)CA Health and Safety Code § 1690(a)(6)
Approximate length of hospital stay.
(7)CA Health and Safety Code § 1690(a)(7)
Approximate length of time for recovery.
(8)CA Health and Safety Code § 1690(a)(8)
Financial cost to the patient of the physician and surgeon’s fees.
(b)CA Health and Safety Code § 1690(b)
A woman shall sign a written statement prior to the performance of the hysterectomy procedure, indicating she has read and understood the written information provided pursuant to subdivision (a), and that this information has been discussed with her by her physician and surgeon, or his or her designee. The statement shall indicate that the patient has been advised by her physician or designee that the hysterectomy will render her permanently sterile and incapable of having children and shall accompany the claim, unless the patient has previously been sterile or is postmenopausal.
(c)CA Health and Safety Code § 1690(c)
The informed consent procedure shall not pertain when the hysterectomy is performed in a life-threatening emergency situation in which the physician determines prior written informed consent is not possible. In this case, a statement, handwritten and signed by the physician, certifying the nature of the emergency, shall accompany the claim.
(d)CA Health and Safety Code § 1690(d)
The State Department of Health Services may develop regulations establishing verbal and written informed consent procedures that shall be obtained prior to performance of a hysterectomy, that indicate the medically accepted justifications for performance of a hysterectomy, pursuant to this chapter.
