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[S. 64]
It is hereby
enacted by the General Assembly of the State of Vermont:
SECTION 1.
Construction. Henceforth it shall be the policy of the state to
prevent procreation of idiots, imbeciles, feebleminded or insane persons, when the public
welfare, and the welfare of idiots, imbeciles, feeble‐minded or insane persons likely to procreate,
can be improved by voluntary sterilization as herein provided.
Sec. 2. Examination and certificate; operation; report. When two physicians
and surgeons legally qualified to practice in the state, examine a person resident of the state, and
decide: (1) that such person is an idiot, imbecile, feeble‐minded or insane person likely to
procreate idiots, imbeciles, feeble‐minded or insane persons if not sexually sterilized; (2) that the
health and physical condition of such person will not be injured by the operation of vasectomy, if
a male, or the operation of salpingectomy, if a female; (3) that the welfare of such person and the
public welfare will be improved if such person is sterilized as aforesaid; and (4) whether such
person is or is not of sufficient intelligence to understand that he or she cannot beget children
after such operation is performed; and they make and sign duplicate certificates setting forth
those facts and make oath thereto before a justice of the peace or notary public, then it shall be
lawful for any other physician and surgeon, legally qualified to practice in the state, when
presented with such certificate, to perform such Operation, provided: (1) he decides that the
welfare of such person and the public welfare will be improved by such operation; (2) such
person has requested in writing, on such certificates, that said operation be performed, if the
certificates show that such person is of sufficient intelligence to understand that he or she cannot
beget children after such operation is performed; or (3) the natural or
legal guardian of such
person has requested in writing on such certificates that such operation be
performed, if the
certificates show that such person is not of sufficient intelligence to understand that he or she
cannot beget children after such operation is performed; and (4) such person voluntarily submits
to such operation. The physician and surgeon, after performing such operation, shall endorse on
each of the duplicate certificates, when and where he performed such operation, keep one
of said certificates, and mail the other, postage prepaid, addressed to the commissioner of
public welfare, at Montpelier, Vermont, to be kept in his office.
Sec. 3. Inmates of state institutions; fee. If such person is being supported by
the state in any institution in the states the commissioner of public welfare is authorized to
contract with two competent physicians and surgeons, not in the employment of the state, to
examine such idiots, imbeciles, feeble‐minded or insane persons as he has reason to believe
should be sterilized, at a price not exceeding three dollars for each physician and surgeon, and if
they make the certificates aforesaid, then the said commissioner is authorized to contract with a
competent physician and surgeon, not in the employment of the state, to do such operation at a
price not exceeding twenty dollars for males and thirty dollars for females and to contract with a
hospital for such care and nursing of such person as is necessary, at reasonable prices, and such
expenses shall be paid by the state and charged against the appropriation for the support of the
institution supporting such person.