S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6308
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 Introduced  by  M. of A. GONZALEZ-ROJAS -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation  to  prohibiting  any
   substituted consent for a sterilization procedure
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The public health law is amended by adding  a  new  section
 2806-c to read as follows:
   §  2806-C.  SUBSTITUTED  CONSENT  FOR STERILIZATION PROHIBITED.   1. A
 HEALTH CARE PROVIDER SHALL NOT PERFORM A PROCEDURE RESULTING IN STERILI-
 ZATION WITHOUT THE INFORMED CONSENT  OF  THE  PERSON  BEING  STERILIZED.
 SUBSTITUTED  CONSENT  BY  A  GUARDIAN, HEALTH CARE PROXY, OR OTHER THIRD
 PARTY SHALL NOT AUTHORIZE A PROCEDURE RESULTING IN STERILIZATION IN  THE
 ABSENCE OF THE INFORMED CONSENT OF THE PERSON BEING STERILIZED.
   2. APPLICABILITY. THIS SECTION SHALL NOT APPLY TO PROCEDURES RESULTING
 IN  STERILIZATION THAT ARE NECESSARY TO PRESERVE THE LIFE OF AN INDIVID-
 UAL OR PREVENT SERIOUS IMPAIRMENT TO THEIR PHYSICAL HEALTH.
   3. SUPPORTED DECISION-MAKING. A PERSON WITH A DISABILITY MAY VOLUNTAR-
 ILY AND WITHOUT UNDUE INFLUENCE OR COERCION ENTER INTO A SUPPORTED DECI-
 SION-MAKING AGREEMENT WHEN  CONSIDERING  A  STERILIZATION  PROCEDURE.  A
 SUPPORTED  DECISION-MAKING  AGREEMENT  SHALL  AUTHORIZE  A  SUPPORTER TO
 ASSIST THE PERSON WITH A DISABILITY WITH ANY OR ALL OF THE FOLLOWING, AS
 DETERMINED BY THE PERSON WITH A DISABILITY, WITHOUT MAKING THE  DECISION
 ON BEHALF OF THE INDIVIDUAL WITH A DISABILITY:
   A.  UNDERSTAND THE NATURE, BENEFITS, RISKS, AND CONSEQUENCES OF STERI-
 LIZATION AND AVAILABLE ALTERNATIVES;
   B. ACCESS, COLLECT, AND OBTAIN INFORMATION RELEVANT  TO  THE  DECISION
 REGARDING STERILIZATION, INCLUDING MEDICAL, PSYCHOLOGICAL, FINANCIAL, OR
 TREATMENT RECORDS;
   C.  UNDERSTAND THE INFORMATION DESCRIBED IN PARAGRAPH B OF SUBDIVISION
 FOUR OF THIS SECTION; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06960-01-3
              

 A. 6308                             2
 
   D. COMMUNICATE THE PERSON WITH A DISABILITY'S CHOICE OF A HEALTH  CARE
 PROVIDER  OR  OTHER  APPROPRIATE  PERSON,  IF NECESSARY AND SPECIFICALLY
 REQUESTED BY THE INDIVIDUAL.
   4.  OBLIGATIONS  OF  HEALTH  CARE PROVIDERS. A. A HEALTH CARE PROVIDER
 SHALL PROVIDE THE INFORMATION AND ACCOMMODATIONS A PERSON WITH  A  DISA-
 BILITY  NEEDS TO UNDERSTAND THE PROCEDURE RESULTING IN STERILIZATION, TO
 MAKE THEIR OWN DECISION, AND TO AVOID UNDUE PRESSURE OR  COERCION.  SUCH
 INFORMATION AND ACCOMMODATIONS MAY INCLUDE BUT ARE NOT LIMITED TO:
   (I) PROVIDING EXPLANATIONS IN A LANGUAGE OR FORMAT THE INDIVIDUAL WITH
 A DISABILITY UNDERSTANDS;
   (II)  USING  PICTURES,  DEMONSTRATIONS, VIDEOS, MODELS, OR OTHER TECH-
 NIQUES THAT MAY ASSIST THE INDIVIDUAL TO UNDERSTAND THEIR OPTIONS; OR
   (III) ASCERTAINING THE WISHES OF THE INDIVIDUAL WITHOUT  THE  PRESENCE
 OF A GUARDIAN, FAMILY MEMBER, OR CAREGIVER.
   B.  A  HEALTH  CARE PROVIDER SHALL NOT PERFORM A STERILIZATION IF THEY
 REASONABLY BELIEVE THAT THE PERSON WITH A DISABILITY LACKS THE  CAPACITY
 TO  PROVIDE  INFORMED  CONSENT  EVEN WITH ACCOMMODATIONS AND SUPPORTS. A
 HEALTH CARE PROVIDER SHALL NOT PRESUME THAT A PERSON WITH  A  DISABILITY
 LACKS THE CAPACITY TO PROVIDE INFORMED CONSENT SOLELY ON THE BASIS OF:
   (I) THEIR DISABILITY OR DIAGNOSIS;
   (II) THEIR USE OF SUPPORTED DECISION-MAKING;
   (III) THEIR CURRENT OR FORMER PLACEMENT UNDER GUARDIANSHIP; OR
   (IV) A COURT'S ADJUDICATION THAT THE INDIVIDUAL IS INCAPACITATED IN AN
 AREA OTHER THAN HEALTH CARE DECISION-MAKING.
   5. DEFINITIONS. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   A.  "PERSON  WITH  A DISABILITY" MEANS ANY PERSON WITH A DISABILITY AS
 THAT TERM IS DEFINED IN SUBDIVISION TWENTY-ONE OF  SECTION  TWO  HUNDRED
 NINETY-TWO OF THE EXECUTIVE LAW.
   B.  "SUPPORTER"  MEANS  A PERSON WHO IS NOT A PERSON WITH A DISABILITY
 WHO ENTERS INTO A SUPPORTED DECISION-MAKING AGREEMENT WITH A PERSON WITH
 A DISABILITY.
   C. "HEALTH CARE PROVIDER" SHALL MEAN A PRACTITIONER IN  AN  INDIVIDUAL
 PRACTICE, GROUP PRACTICE, PARTNERSHIP, PROFESSIONAL CORPORATION OR OTHER
 AUTHORIZED FORM OF ASSOCIATION, A HOSPITAL OR OTHER HEALTH CARE INSTITU-
 TION  ISSUED  AN  OPERATING  CERTIFICATE PURSUANT TO THIS CHAPTER OR THE
 MENTAL HYGIENE LAW, A CERTIFIED HOME HEALTH AGENCY OR  A  LICENSED  HOME
 CARE SERVICES AGENCY, AND ANY OTHER PURVEYOR OF HEALTH OR HEALTH RELATED
 ITEMS  OR SERVICES INCLUDING BUT NOT LIMITED TO A CLINICAL LABORATORY, A
 PHYSIOLOGICAL LABORATORY, A PHARMACY, A PURVEYOR  OF  X-RAY  OR  IMAGING
 SERVICES,  A PURVEYOR OF PHYSICAL THERAPY SERVICES, A PURVEYOR OF HEALTH
 OR HEALTH RELATED SUPPLIES, APPLIANCES OR  EQUIPMENT,  OR  AN  AMBULANCE
 SERVICE.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.