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Bill > S03357


NY S03357

NY S03357
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.


summary

Introduced
01/27/2025
In Committee
01/07/2026
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

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

AI Summary

This bill provides comprehensive protections against involuntary sterilization for individuals with disabilities by prohibiting medical providers from performing sterilization procedures without the direct, informed consent of the person being sterilized. The legislation explicitly prevents guardians, health care proxies, or other third parties from providing substituted consent for such procedures. The bill introduces several key protections, including a requirement that health care providers offer appropriate accommodations to help individuals with disabilities understand the nature, risks, and alternatives to sterilization, such as using visual aids, providing information in accessible formats, and ensuring the person's wishes are ascertained without undue influence from family members or caregivers. The bill also establishes that a person cannot be presumed to lack decision-making capacity solely based on their disability, diagnosis, use of supported decision-making, guardianship status, or previous court determinations. A notable exception allows sterilization without individual consent only if the procedure is necessary to preserve life or prevent serious health impairment. Additionally, the bill introduces a supported decision-making framework that allows individuals with disabilities to voluntarily engage supporters who can help them understand and navigate medical decisions without making those decisions on their behalf.

Committee Categories

Health and Social Services

Sponsors (1)

Last Action

REFERRED TO HEALTH (on 01/07/2026)

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