BILL NUMBER: S9116

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to prohibiting any
substituted consent for a sterilization procedure

 
PURPOSE OR GENERAL IDEA OF BILL:

Prohibits health care providers from performing procedures resulting in
sterilization without the informed consent of the person being steri-
lized. Substituted consent by a third party shall not authorize sterili-
zation procedures in the absence of this informed consent.

 
SUMMARY OF PROVISIONS:

Section 1 amends the public health law by adding a new section, 2806-c,
to prohibit health care providers from performing procedures resulting
in sterilization without the informed consent of the person being steri-
lized and prohibits substituted consent by a guardian, health care
proxy, or other third party from authorizing sterilization procedures.
              

This section would not apply to sterilization procedures that are neces-
sary to preserve the life of an individual or prevent serious impairment
to their health. It would establish that a person with a disability may
voluntarily and without influence or coercion enter into a supported
decision-making agreement when considering a sterilization procedure.
This agreement would authorize a supporter to assist the person with a
disability with understanding the nature and consequences of steriliza-
tion and available alternatives, accessing and understanding information
relevant to the decision, and communicating the person with a disabili-
ty's choice of a healthcare provider if necessary and requested by the
individual. This section would require health care providers to provide
the information and accommodations a person with a disability needs to
understand a sterilization procedure to make their own decision without
pressure or coercion and a health care provider would not perform a
sterilization if they believe the person with a disability lacks the
capacity to provide informed consent even with the accommodations and
support, and includes conditions that should not be taken into account
by a healthcare provider when considering if a person with a disability
lacks the capacity to provide informed consent.

Section 2 sets an effective date.

 
JUSTIFICATION:

Sterilization is a procedure that permanently prevents reproduction and
pregnancy, with procedures including tuba! ligation, hysterectomies, and
vasectomies. It is a major medical procedure with significant physical
and mental consequences, which therefore must be considered thoughtfully
before being completed. Performing such operations without informed
understanding and consent is inhumane as it violates Article 5 of the
United Nations Universal Declaration of Human Rights that 'no one shall
be subjected to torture or cruel or degrading treatment or punishment'
and Article 16 confirming 'the right to marry and found a family'
(United Nations).

People have been subject to sterilization without their knowledge and
against their will since forced sterilization laws were passed in 32
states in the early 1900s (National Women's Law Center). These laws
arose from the Eugenics movement of the 19th and 20th centuries that
advocated for selective breeding to promote inheritance of "desirable"
characteristics and elimination of "undesirable" qualities in future
generations. Eugenics was based in ableist, racist, xenophobic, and
classist attitudes in which individuals and communities were declared
unfit members of society based on their ability status, race, and
socioeconomic status (National Human Genome Research Institute).
Although this theory was scientifically inaccurate, it gained popularity
in the early 1900s and leaders promoted Eugenic beliefs and policies
through anti-immigration, social exclusion, and involuntary steriliza-
tion of those deemed 'unfit' (National Human Genome Research Institute).
This led to the forced sterilization of almost 70,000 people by the
1970s, including people with disabilities, people of color, incarcerated
people, and people living in poverty who were all especially targeted by
Eugenics policies (National Women's Law Center).

According to the National Women's Law Center, New York is one of 31
states that allows forced sterilization under such laws considering
current sterilization laws allow for people to undergo sterilization
procedures if a court declares that they can't give consent and approves
the procedure at the request of a third party, such as a guardian or
doctor (Association of Maternal and Child Health Programs). Under these
laws, a judge can decide whether to sterilize someone. This happens when
the judge thinks the disabled person cannot make the decision on their
own, then the judge can order the sterilization if they think it is the
best choice for the disabled person.

People with disabilities, like all people, should have the right to make
their own decisions about their bodies. However, legislation including
forced sterilization have infringed upon this right by allowing health-
care providers to sterilize people with disabilities without their
consent. New York should follow in the footsteps of Alaska and North
Carolina to ban forced sterilization. This bill would ensure that people
with disabilities can only undergo sterilization if they receive infor-
mation about such procedures and give their informed consent to having
them. It would remove the ability of third parties and court systems to
make this decision for them by establishing a voluntary supported deci-
sion-making agreement for people with disabilities to authorize a
supporter to assist them in gaining the necessary knowledge and under-
standing of sterilization so that they can give consent without the
coercion of a third party.  These provisions would allow people with
disabilities to properly exercise their right to bodily autonomy and
reproductive freedom.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.