Bill Text: NY A06308 | 2023-2024 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced) 2024-01-03 - referred to health [A06308 Detail]
Download: New_York-2023-A06308-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6308 2023-2024 Regular Sessions IN ASSEMBLY 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: 1 Section 1. The public health law is amended by adding a new section 2 2806-c to read as follows: 3 § 2806-c. Substituted consent for sterilization prohibited. 1. A 4 health care provider shall not perform a procedure resulting in sterili- 5 zation without the informed consent of the person being sterilized. 6 Substituted consent by a guardian, health care proxy, or other third 7 party shall not authorize a procedure resulting in sterilization in the 8 absence of the informed consent of the person being sterilized. 9 2. Applicability. This section shall not apply to procedures resulting 10 in sterilization that are necessary to preserve the life of an individ- 11 ual or prevent serious impairment to their physical health. 12 3. Supported decision-making. A person with a disability may voluntar- 13 ily and without undue influence or coercion enter into a supported deci- 14 sion-making agreement when considering a sterilization procedure. A 15 supported decision-making agreement shall authorize a supporter to 16 assist the person with a disability with any or all of the following, as 17 determined by the person with a disability, without making the decision 18 on behalf of the individual with a disability: 19 a. Understand the nature, benefits, risks, and consequences of steri- 20 lization and available alternatives; 21 b. Access, collect, and obtain information relevant to the decision 22 regarding sterilization, including medical, psychological, financial, or 23 treatment records; 24 c. Understand the information described in paragraph b of subdivision 25 four of this section; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06960-01-3A. 6308 2 1 d. Communicate the person with a disability's choice of a health care 2 provider or other appropriate person, if necessary and specifically 3 requested by the individual. 4 4. Obligations of health care providers. a. A health care provider 5 shall provide the information and accommodations a person with a disa- 6 bility needs to understand the procedure resulting in sterilization, to 7 make their own decision, and to avoid undue pressure or coercion. Such 8 information and accommodations may include but are not limited to: 9 (i) Providing explanations in a language or format the individual with 10 a disability understands; 11 (ii) Using pictures, demonstrations, videos, models, or other tech- 12 niques that may assist the individual to understand their options; or 13 (iii) Ascertaining the wishes of the individual without the presence 14 of a guardian, family member, or caregiver. 15 b. A health care provider shall not perform a sterilization if they 16 reasonably believe that the person with a disability lacks the capacity 17 to provide informed consent even with accommodations and supports. A 18 health care provider shall not presume that a person with a disability 19 lacks the capacity to provide informed consent solely on the basis of: 20 (i) their disability or diagnosis; 21 (ii) their use of supported decision-making; 22 (iii) their current or former placement under guardianship; or 23 (iv) a court's adjudication that the individual is incapacitated in an 24 area other than health care decision-making. 25 5. Definitions. As used in this section the following terms shall have 26 the following meanings: 27 a. "Person with a disability" means any person with a disability as 28 that term is defined in subdivision twenty-one of section two hundred 29 ninety-two of the executive law. 30 b. "Supporter" means a person who is not a person with a disability 31 who enters into a supported decision-making agreement with a person with 32 a disability. 33 c. "Health care provider" shall mean a practitioner in an individual 34 practice, group practice, partnership, professional corporation or other 35 authorized form of association, a hospital or other health care institu- 36 tion issued an operating certificate pursuant to this chapter or the 37 mental hygiene law, a certified home health agency or a licensed home 38 care services agency, and any other purveyor of health or health related 39 items or services including but not limited to a clinical laboratory, a 40 physiological laboratory, a pharmacy, a purveyor of X-ray or imaging 41 services, a purveyor of physical therapy services, a purveyor of health 42 or health related supplies, appliances or equipment, or an ambulance 43 service. 44 § 2. This act shall take effect on the ninetieth day after it shall 45 have become a law.
