Senate Bill S931A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  931--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by Sens. PERSAUD, FERNANDEZ, HOYLMAN-SIGAL, JACKSON, KRUEGER
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Women's Issues -- recommitted  to  the  Committee  on
   Women's  Issues  in accordance with Senate Rule 6, sec. 8 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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-
 ticing in the state of New York should be prohibited from conducting  or
 supervising these examinations.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01726-03-4
              

 S. 931--A                           2
 
   § 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.