The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7527
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 13, 2021
                                ___________
 
 Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law,  in  relation  to  requiring  the
   department  of  health  to  conduct  a public information and outreach
   campaign on medically unnecessary  treatments  on  persons  born  with
   intersex traits or variations in sex characteristics
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 25 of the public health law is amended by adding  a
 new title 7-A to read as follows:
                                TITLE VII-A
                PUBLIC INFORMATION AND OUTREACH CAMPAIGN ON
                    MEDICALLY UNNECESSARY TREATMENTS ON
                   PERSONS BORN WITH INTERSEX TRAITS OR
                     VARIATIONS IN SEX CHARACTERISTICS
 SECTION 2597. DEFINITIONS.
         2598. PUBLIC INFORMATION AND OUTREACH CAMPAIGN.
   § 2597. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE, THE TERM:
   1.  "INTERSEX  TRAITS  OR VARIATIONS IN SEX CHARACTERISTICS" MEANS THE
 UMBRELLA TERM FOR DIFFERENCES IN REPRODUCTIVE OR SEX  ANATOMY  THAT  MAY
 APPEAR  IN  AN INDIVIDUAL'S CHROMOSOMES, GENITALS, SECONDARY SEX CHARAC-
 TERISTICS, OR INTERNAL ORGANS SUCH AS TESTES  OR  OVARIES,  AND  MAY  BE
 IDENTIFIED  AT BIRTH, OR MAY NOT BE DISCOVERED UNTIL PUBERTY OR LATER IN
 LIFE.
   2. "MEDICALLY UNNECESSARY" MEANS A TREATMENT OR  INTERVENTION  ON  THE
 SEX  CHARACTERISTICS OF AN INDIVIDUAL BORN WITH INTERSEX TRAITS OR VARI-
 ATIONS IN SEX CHARACTERISTICS THAT MAY BE  SAFELY  DEFERRED  UNTIL  THAT
 INDIVIDUAL  CAN  PROVIDE  INFORMED  CONSENT.  FURTHERMORE, PSYCHOLOGICAL
 FACTORS DO NOT CONSTITUTE MEDICAL NECESSITY FOR A  TREATMENT  OR  INTER-
 VENTION  ON  THE SEX CHARACTERISTICS OF AN INDIVIDUAL BORN WITH INTERSEX
 TRAITS OR VARIATIONS IN SEX CHARACTERISTICS UNTIL AND UNLESS  THE  INDI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11226-01-1

 A. 7527                             2
 
 VIDUAL  HAS  THEMSELVES  IDENTIFIED PSYCHOLOGICAL FACTORS AS RELEVANT TO
 DECISION-MAKING.
   §  2598.  PUBLIC  INFORMATION AND OUTREACH CAMPAIGN. 1. THE DEPARTMENT
 SHALL CONDUCT A PUBLIC INFORMATION AND  OUTREACH  CAMPAIGN  DESIGNED  TO
 ADDRESS  THE  PROVISION  OF  MEDICALLY UNNECESSARY TREATMENTS AND INTER-
 VENTIONS PERFORMED ON INDIVIDUALS BORN WITH  INTERSEX  TRAITS  OR  VARI-
 ATIONS IN SEX CHARACTERISTICS. SUCH OUTREACH SHALL AT A MINIMUM INCLUDE:
   (A)  CREATING EDUCATIONAL MATERIALS FOR PARENTS AND GUARDIANS OF INDI-
 VIDUALS BORN WITH INTERSEX TRAITS OR VARIATIONS IN SEX CHARACTERISTICS;
   (B) CREATING RESOURCES FOR MEDICAL PRACTITIONERS;
   (C) IDENTIFYING COMMUNITY OUTREACH PARTNERS, STAKEHOLDERS AND OPPORTU-
 NITIES; AND
   (D) DISTRIBUTING MATERIALS AND RESOURCES.
   2. THE DEPARTMENT SHALL CONSULT  WITH  INDIVIDUALS  AND  ORGANIZATIONS
 WITH  EXPERTISE IN INTERSEX TRAITS OR VARIATIONS IN SEX CHARACTERISTICS,
 INCLUDING INDIVIDUALS WHO ARE INTERSEX OR HAVE VARIATIONS IN SEX CHARAC-
 TERISTICS, IN THE DEVELOPMENT OF SUCH PUBLIC  INFORMATION  AND  OUTREACH
 CAMPAIGN.
   §  2.  This act shall take effect immediately; provided, however, that
 the department of health shall begin implementation of the public infor-
 mation and outreach campaign within one year of the  effective  date  of
 this act.