Senate Bill S3357

                                 
BILL NUMBER: S3357

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to prohibiting any
substituted consent for a sterilization procedure

 
PURPOSE OR GENERAL IDEA OF BILL:

Prohibits health care providers from performing procedures resulting in
sterilization without the informed consent of the person being steri-
lized. Substituted consent by a third party shall not authorize sterili-
zation procedures in the absence of this informed consent.

 
SUMMARY OF PROVISIONS:

Section 1 amends the Public Health Law by adding a new section 2806-c,
as it relates to substituted consent for sterilization prohibitins, to
prohibit health care providers from performing procedures resulting in
sterilization without the informed consent of the person being steri-
lized and prohibits substituted consent by a guardian, health care
              

proxy, or other third party from authorizing sterilization procedures.
This section would not apply to sterilization procedures that are neces-
sary to preserve the life of an individual or prevent serious impairment
to their health. It would establish that a person with a disability may
voluntarily and without influence or coercion enter into a supported
decision-making agreement when considering a sterilization procedure.
This agreement would authorize a supporter to assist the person with a
disability with understanding the nature and consequences of steriliza-
tion and available alternatives, accessing and understanding information
relevant to the decision, and communicating the person with a disabili-
ty's choice of a healthcare provider if necessary and requested by the
individual. This section would require health care providers to provide
the information and accommodations a person with a disability needs to
understand a sterilization procedure to make their own decision without
pressure or coercion and a health care provider would not perform a
sterilization if they believe the person with a disability lacks the
capacity to provide informed consent even with the accommodations and
support, and includes conditions that should not be taken into account
by a healthcare provider when considering if a person with a disability
lacks the capacity to provide informed consent.

Section 2 sets an effective date.

 
JUSTIFICATION:

Sterilization is a procedure that permanently prevents reproduction and
pregnancy, with procedures including tubal ligation, hysterectomies, and
vasectomies. It is a major medical procedure with significant physical
and mental consequences, which therefore must be considered thoughtfully
before being completed.  Performing such operations without informed
understanding and consent is inhumane as it violates Article 5 of the
United Nations Universal Declaration of Human Rights that 'no one shall
be subjected to torture or cruel or degrading treatment or punishment'
and Article 16 confirming 'the right to marry and found a family'
(United Nations).  People have been subject to sterilization without
their knowledge and against their will since forced sterilization laws
were passed in 32 states in the early 1900s (National Women's Law
Center). These laws arose from the Eugenics movement of the 19th and
20th centuries that advocated for selective breeding to promote the
inheritance of "desirable" characteristics and the elimination of "unde-
sirable" qualities in future generations. Eugenics was based on ableist,
racist, xenophobic, and classist attitudes in which individuals and
communities were declared unfit members of society based on their abili-
ty status, race, and socioeconomic status (National Human Genome
Research Institute). Although this theory was scientifically inaccurate,
it gained popularity in the early 1900s and leaders promoted Eugenic
beliefs and policies through anti-immigration, social exclusion, and
involuntary sterilization of those deemed 'unfit' (National Human Genome
Research Institute). This led to the forced sterilization of almost
70,000 people by the 1970s, including people with disabilities, people
of color, incarcerated people, and people living in poverty who were all
especially targeted by Eugenics policies (National Women's Law Center).

According to the National Women's Law Center, New York is one of 31
states that allows forced sterilization under such laws considering
current sterilization laws allow for people to undergo sterilization
procedures if a court declares that they can't give consent and approves
the procedure at the request of a third party, such as a guardian or
doctor (Association of Maternal and Child Health Programs). Under these
laws, a judge can decide whether to sterilize someone. This happens when
the judge thinks the disabled person cannot make the decision on their
own, then the judge can order the sterilization if they think it is the
best choice for the disabled person.

People with disabilities, like all people, should have the right to make
their own decisions about their bodies. However, legislation including
forced sterilization has infringed upon this right by allowing health-
care providers to sterilize people with disabilities without their
consent. New York should follow in the footsteps of Alaska and North
Carolina to ban forced sterilization. This bill would ensure that people
with disabilities can only undergo sterilization if they receive infor-
mation about such procedures and give their informed consent to having
them. It would remove the ability of third parties and court systems to
make this decision for them by establishing a voluntary supported deci-
sion-making agreement for people with disabilities to authorize a
supporter to assist them in gaining the necessary knowledge and under-
standing of sterilization so that they can give consent without the
coercion of a third party.  These provisions would allow people with
disabilities to properly exercise their right to bodily autonomy and
reproductive freedom.

 
LEGISLATIVE HISTORY:

2024: S9116/A6308 Gonzalez-Rojas

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.