The women were surgically sterilized without their consent, according to a new report.
Stephen Lam / Reuters / Reuters
The women were sterilized via "bilateral tubal ligation" — a surgical procedure commonly known as "having your tubes tied" — and were part of a larger group of 144 female inmates who underwent the procedure. The report, which was commissioned by lawmakers and conducted by the state auditor, found that 39 of those procedures violated California's laws regarding inmate medical procedures.
California law carefully lays out the procedure that must take place in order for a female inmate to be sterilized. Among other things, a woman must be 18-years-old and she has to sign a consent form. The surgery is supposed to take place between 30 days and 180 days after the woman has signed the form — a requirement designed "provide the patient with enough time to reflect on her choice and to make sure she desires sterilization," according to the report.
Significantly, the doctors performing the surgeries also are supposed to sign the forms to indicate that the rules were actually followed.
The women themselves signed the consent forms, but in 27 cases the doctors never signed off. In 18 other cases, investigators found violations of the waiting period requirement. In some cases, the doctors actually lied, signing off that the waiting period had elapsed when it hadn't. The result, the report argues, is that 39 women did not legally consent to be sterilized.
The physician is the last check in the informed consent process and provides the patient with the final opportunity to withdraw her consent to having the procedure. Our legal counsel advises us that without such a certification from the physician or an alternate physician, the inmate's consent was not lawfully obtained under state regulations.
The report goes on to call the failings of the process "systematic" and notes that all but one of the total 144 sterilizations lacked some of the necessary administrative approvals.
Prison officials generally agreed with the findings but said they have undertaken steps to improve, The Desert Sun reports.
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