Senate Bill S9116

2023-2024 Legislative Session

Relates to prohibiting any substituted consent for a sterilization procedure

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Sponsored By

Current Bill Status - In Senate Committee Rules Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S9116 (ACTIVE) - Details

See Assembly Version of this Bill:
A6308
Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Add §2806-c, Pub Health L

2023-S9116 (ACTIVE) - Summary

Provides that 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.

2023-S9116 (ACTIVE) - Sponsor Memo

2023-S9116 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9116
 
                             I N  S E N A T E
 
                              April 26, 2024
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed 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
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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