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HEALTH Mentally Incompetent Persons: Sterilization

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The Act changes the standard of proof for order regarding sterilization of mentally incompetent persons from a preponderance of evidence to clear and convincing evidence. It provides for closed hearings and trials in connection with sterilization orders, the addition of a psychiatrist or psychologist on the examining team to determine whether a person is mentally incompetent, the requirement that the examining team consider the feasibility of alternate methods of birth control rather than sterilization and a deletion of governmental agencies from those authorized to file mental incompetency petitions. html

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