NY State Senate Bill S5399

Current Bill Status - Passed Senate & Assembly

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
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Signed/Vetoed by Governor

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Actions

view actions (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 31, 2023	returned to senate passed assembly ordered to third reading rules cal.359 substituted for a5627
Mar 23, 2023	referred to health delivered to assembly passed senate
Mar 20, 2023	advanced to third reading
Mar 16, 2023	2nd report cal.
Mar 15, 2023	1st report cal.526
Mar 03, 2023	referred to health

Votes

view votes

Mar 23, 2023 - floor Vote

S5399

floor

Aye

Nay

Absent

Excused

Abstained

Mar 14, 2023 - Health committee Vote

S5399

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S5399 (ACTIVE) - Details

See Assembly Version of this Bill:: A5627
Law Section:: Public Health Law
Laws Affected:: Amd §207, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S8278, A7527

S5399 (ACTIVE) - Summary

Requires 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.

S5399 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S5399

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

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 inter-
sex traits or variations in sex characteristics

 
PURPOSE:

This bill amends public health law in relation to requiring the New York
State Department of Health to conduct a public information and outreach
campaign on medically unnecessary treatments on persons born with inter-
sex traits or variations in sex characteristics.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 207 by adding a paragraph (q) that reads, the
physical, sexual and psychological impact of nonemergent medical proce-
dures performed on individuals with variations in sex characteristics

who have not themselves consented to the procedure; provided that such a
program shall include an advisory council under this section that shall
include intersex persons themselves, intersex- led organizations, and
health care providers with demonstrated medical expertise treating
intersex individuals in a manner that respects their bodily integrity
and self-determination, among others.

Subsection two of Section two relates to the effective date.

 
JUSTIFICATION:

There are over 30 intersex variations, resulting in congenital vari-
ations in sex characteristics that occur in at least 1.7% of the popu-
lation. In the majority of cases, infants and children born with vari-
ations in sex characteristics do not require medical treatments for
their immediate physical health. Nevertheless, many intersex youth are
subjected to non-emergent medical procedures, including sterilization,
to make them fit into restrictive male-female binary categories. These
non emergent medical procedures are classified as human rights
violations by the United Nations.

This bill aims to respond to these harms and bring attention to the
natural existence of people born with intersex traits and the risks
associated with non-emergent medical procedures often recommended for
and performed on them. It encourages the Department of Health to conduct
public outreach campaigns to inform parents and the medical establish-
ment about the nonemergent nature and implications of such procedures.

These procedures include infant vaginoplasties, clitoral reductions and
recessions, procedures to relocate a functioning urethra, and removal of
gonadal tissues, which continue to this day in New York State, even
though such procedures may result in lasting harm and have been deemed
human rights violations by multiple international agencies.

These procedures are most often performed before a child reaches the age
of two, despite no urgent medical considerations that would require
immediacy in the majority of cases, meaning the individual is needlessly
subjected to irreversible procedures they have not requested and that
cause harm in many cases. There is evidence these procedures can cause
severe physiological and psychological harm, especially when performed
without the express and informed request of the individual. These harms,
which often last a lifetime, may include scarring, chronic pain, urinary
incontinence, sterilization, loss of future sexual sensation and func-
tion, recurring complications requiring repeated follow-up procedures,
depression, posttraumatic stress disorder, suicidality, and incorrect
gender assignment.

 
LEGISLATIVE HISTORY:

S.8278 of 2021-2022 (Hoylman): Passed Senate

A.7527-A of 2021-2022 (Seawright): Ordered to Third Reading Rules Calen-
dar

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
Immediately.

S5399 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5399
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2023
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  MYRIE,  SALAZAR -- 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 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.   Subdivision 1 of section 207 of the public health law is
 amended by adding a new paragraph (r) to read as follows:
   (R) THE PHYSICAL, SEXUAL,  AND  PSYCHOLOGICAL  IMPACT  OF  NONEMERGENT
 MEDICAL PROCEDURES PERFORMED ON INDIVIDUALS WITH VARIATIONS IN SEX CHAR-
 ACTERISTICS WHO HAVE NOT THEMSELVES CONSENTED TO THE PROCEDURE; PROVIDED
 THAT SUCH A PROGRAM SHALL INCLUDE AN ADVISORY COUNCIL UNDER THIS SECTION
 THAT  SHALL  INCLUDE INTERSEX PERSONS THEMSELVES, INTERSEX-LED ORGANIZA-
 TIONS, AND HEALTH CARE PROVIDERS  WITH  DEMONSTRATED  MEDICAL  EXPERTISE
 TREATING  INTERSEX  INDIVIDUALS  IN  A MANNER THAT RESPECTS THEIR BODILY
 INTEGRITY AND SELF-DETERMINATION, AMONG OTHERS.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00423-01-3

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The New York State Senate

senate Bill S5399

Sponsored By

Current Bill Status - Passed Senate & Assembly

Your Voice

Actions

Votes

Mar 23, 2023 - floor Vote

Floor Vote: Mar 23, 2023

Mar 14, 2023 - Health committee Vote

Health Committee Vote: Mar 14, 2023

Co-Sponsors

S5399 (ACTIVE) - Details

S5399 (ACTIVE) - Summary

S5399 (ACTIVE) - Sponsor Memo

S5399 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5399

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Sponsored By

Brad Hoylman-Sigal

Current Bill Status - Passed Senate & Assembly

Your Voice

Actions

Votes

Mar 23, 2023 - floor Vote

Floor Vote: Mar 23, 2023

Mar 14, 2023 - Health committee Vote

Health Committee Vote: Mar 14, 2023

Co-Sponsors

Robert Jackson

Zellnor Myrie

Julia Salazar

S5399 (ACTIVE) - Details

S5399 (ACTIVE) - Summary

S5399 (ACTIVE) - Sponsor Memo

S5399 (ACTIVE) - Bill Text download pdf

Comments