New York A 1582: Relates to prohibiting any substituted consent for a sterilization procedure

Bill Text

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A01582 Summary:

BILL NOA01582 

&nbsp

SAME ASSAME AS S03357

&nbsp

SPONSORGonzalez-Rojas

&nbsp

COSPNSRGlick, Simon, Hevesi, Zinerman, Epstein, Bores

&nbsp

MLTSPNSR

&nbsp

Add §2806-c, Pub Health L

&nbsp

Provides that substituted consent by a guardian, health care proxy, or other third party shall not authorize a procedure resulting in sterilization in the absence of the informed consent of the person being sterilized.

Go to top A01582 Actions:

BILL NOA01582 

&nbsp

01/10/2025referred to health

01/07/2026referred to health

Go to topA01582 Committee&nbspVotes:

Go to topA01582 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA01582 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1582

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 10, 2025
 ___________

 Introduced by M. of A. GONZALEZ-ROJAS, GLICK, SIMON, HEVESI, ZINERMAN,
 EPSTEIN -- read once and referred to the Committee on Health

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

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The public health law is amended by adding a new section
 2 2806-c to read as follows:
 3 § 2806-c. Substituted consent for sterilization prohibited. 1. A
 4 health care provider shall not perform a procedure resulting in sterili-
 5 zation without the informed consent of the person being sterilized.
 6 Substituted consent by a guardian, health care proxy, or other third
 7 party shall not authorize a procedure resulting in sterilization in the
 8 absence of the informed consent of the person being sterilized.
 9 2. Applicability. This section shall not apply to procedures resulting
 10 in sterilization that are necessary to preserve the life of an individ-
 11 ual or prevent serious impairment to their physical health.
 12 3. Supported decision-making. A person with a disability may voluntar-
 13 ily and without undue influence or coercion enter into a supported deci-
 14 sion-making agreement when considering a sterilization procedure. A
 15 supported decision-making agreement shall authorize a supporter to
 16 assist the person with a disability with any or all of the following, as
 17 determined by the person with a disability, without making the decision
 18 on behalf of the individual with a disability:
 19 a. Understand the nature, benefits, risks, and consequences of steri-
 20 lization and available alternatives;
 21 b. Access, collect, and obtain information relevant to the decision
 22 regarding sterilization, including medical, psychological, financial, or
 23 treatment records;
 24 c. Understand the information described in paragraph b of subdivision
 25 four of this section; and

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03340-01-5

 A. 1582 2

 1 d. Communicate the person with a disability's choice of a health care
 2 provider or other appropriate person, if necessary and specifically
 3 requested by the individual.
 4 4. Obligations of health care providers. a. A health care provider
 5 shall provide the information and accommodations a person with a disa-
 6 bility needs to understand the procedure resulting in sterilization, to
 7 make their own decision, and to avoid undue pressure or coercion. Such
 8 information and accommodations may include but are not limited to:
 9 (i) Providing explanations in a language or format the individual with
 10 a disability understands;
 11 (ii) Using pictures, demonstrations, videos, models, or other tech-
 12 niques that may assist the individual to understand their options; or
 13 (iii) Ascertaining the wishes of the individual without the presence
 14 of a guardian, family member, or caregiver.
 15 b. A health care provider shall not perform a sterilization if they
 16 reasonably believe that the person with a disability lacks the capacity
 17 to provide informed consent even with accommodations and supports. A
 18 health care provider shall not presume that a person with a disability
 19 lacks the capacity to provide informed consent solely on the basis of:
 20 (i) their disability or diagnosis;
 21 (ii) their