Assembly Bill A128A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  128--A
                                                          Cal. No. 11
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by M. of A. SOLAGES, HEVESI, JACOBSON, WALLACE, SIMON, DeSTE-
   FANO,  BICHOTTE HERMELYN,  SEAWRIGHT,  SILLITTI,  DINOWITZ,  ZINERMAN,
   L. ROSENTHAL, DAVILA, BARRETT,  CRUZ,  OTIS,  GONZALEZ-ROJAS,  KELLES,
   STECK,  SHIMSKY,  SIMONE, LEVENBERG, BURDICK, EPSTEIN, TAPIA -- Multi-
   Sponsored by -- M. of A. THIELE --  read  once  and  referred  to  the
   Committee on Health -- ordered to a third reading, amended and ordered
   reprinted, retaining its place on the order of third reading
 
 AN  ACT  to  amend  the  public  health  law, in relation to prohibiting
   virginity examinations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Legislative Intent: Virginity examinations are gynecologi-
 cal examinations of the female genitalia purported to establish  whether
 a  female  has had vaginal intercourse by correlating the absence of the
 hymen or vaginal wall laxity with sexual activity. Reproductive  experts
 contend  that  there  is  no scientific merit or clinical indication for
 this type of examination, as these characteristics do  not  definitively
 prove  that  a  female has had intercourse. Experts also note that there
 are significant adverse  psychological  and  physical  consequences  for
 individuals  who  have been subjected to these tests. Numerous organiza-
 tions, including the World Health  Organization,  United  Nations  Human
 Rights  Office, American College of Obstetricians and Gynecologists, and
 International Society for Sexual Medicine have  called  for  the  elimi-
 nation  of virginity examinations as they are not medically indicated or
 valid procedures, and their performance violates the human rights of the
 individual subject to the test. It is the intent of the  legislature  to
 recognize that gynecological examinations purported to determine whether
 a  female  has had vaginal intercourse have no scientific merit, are not
 medically indicated, and cause psychological and physical trauma for the
 recipient; and as such, health care practitioners licensed by and  prac-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01726-02-4
 A. 128--A                           2
 
 ticing  in the state of New York should be prohibited from conducting or
 supervising these examinations.
   § 2. The public health law is amended by adding a new section 267-b to
 read as follows:
   §  267-B.  PROHIBITION  OF VIRGINITY EXAMINATIONS.  1. FOR PURPOSES OF
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "VIRGINITY EXAMINATION" SHALL MEAN ANY PHYSICAL GYNECOLOGICAL EXAM
 OR INSPECTION OF THE FEMALE GENITALIA PURPORTED TO DETERMINE  WHETHER  A
 FEMALE HAS PREVIOUSLY HAD VAGINAL INTERCOURSE.
   (B)  "HEALTH  CARE  PRACTITIONER"  MEANS  A  HEALTH  CARE PRACTITIONER
 LICENSED, CERTIFIED OR OTHERWISE  AUTHORIZED  TO  PRACTICE  UNDER  TITLE
 EIGHT  OF  THE  EDUCATION  LAW,  ACTING WITHIN THE PRACTITIONER'S LAWFUL
 SCOPE OF PRACTICE.
   2. NO HEALTH CARE PRACTITIONER SHALL PERFORM A  VIRGINITY  EXAMINATION
 OR SUPERVISE THE PERFORMANCE OF A VIRGINITY EXAMINATION ON A PATIENT.
   3. THIS SECTION SHALL NOT APPLY TO ANY PHYSICAL GYNECOLOGICAL EXAMINA-
 TION CONDUCTED AS PART OF A FORENSIC MEDICAL EXAMINATION.
   § 3. This act shall take effect immediately.