Amd §207, Pub Health L (as proposed in S.5399 & A.5627)
Requires the department of health to conduct a public information and outreach campaign on medically unnecessary treatments on persons born with intersex traits.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8482
SPONSOR: Seawright TITLE OF BILL:
An act to amend the public health law, in relation to treatments on
persons born with intersex traits
PURPOSE:
To make clarifying amendments to terms and ensure that department
consults with appropriate stakeholders when creating the outreach
program
SUMMARY OF PROVISIONS:
This bill amends Chapter 608 of the Laws of 2023 by changing two terms;
removing "nonemergent" to ensure the education and outreach program is
inclusive of both emergent and nonemergent treatment as well as changing
"individuals with variations in sex characteristics" to "intersex indi-
viduals" to reflect the term intersex individuals prefer. The bill also
replaces the advisory council with a stakeholder consultation process.
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 non-emergent 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
function, recurring complications requiring repeated follow-up proce-
dures, depression, post-traumatic stress disorder, suicidality, and
incorrect gender assignment.
These amendments ensure that the public information and outreach
campaign on medically unnecessary treatments on intersex individuals is
inclusive of both emergent and nonemergent treatments and reflects prop-
er terminology, suggested by intersex individuals. The changes also
ensure that meaningful stakeholder engagement occurs while the Depart-
ment of Health creates the information and outreach campaign, requiring
DOH to consult with appropriate stakeholders such as intersex individ-
uals, intersex-led organizations, and chosen advocates such as health
care providers. Through these amendments, we ensure that intersex indi-
viduals are heard from and are properly addressed when creating this
critical education program to ensure that we avoid preventable harms
suffered by New Yorkers.
LEGISLATIVE HISTORY:
This is a new bill.
BUDGET IMPLICATIONS:
None noted.
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2023 amending the public health law relating 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, as proposed
in legislative bills numbers S. 5399 and A. 5627, takes effect.
STATE OF NEW YORK
________________________________________________________________________
8482
IN ASSEMBLY
January 3, 2024
___________
Introduced by M. of A. SEAWRIGHT -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to treatments on
persons born with intersex traits
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (r) of subdivision 1 of section 207 of the public
2 health law, as added by a chapter of the laws of 2023 amending the
3 public health law relating to requiring the department of health to
4 conduct a public information and outreach campaign on medically unneces-
5 sary treatments on persons born with intersex traits or variations in
6 sex characteristics, as proposed in legislative bills numbers S. 5399
7 and A. 5627, is amended to read as follows:
8 (r) The physical, sexual, and psychological impact of [nonemergent]
9 medical procedures performed on intersex individuals [with variations in
10 sex characteristics], including those who have not themselves consented
11 to the procedure; provided that [such a program shall include an advi-
12 sory council under this section that shall include] the department shall
13 consult with appropriate stakeholders, including, but not limited to
14 intersex persons [themselves], intersex-led organizations, and [health
15 care providers with demonstrated medical expertise treating intersex
16 individuals in a manner that respects their bodily integrity and self-
17 determination, among others] their chosen advocates, while developing
18 this outreach program.
19 § 2. This act shall take effect on the same date and in the same
20 manner as a chapter of the laws of 2023 amending the public health law
21 relating to requiring the department of health to conduct a public
22 information and outreach campaign on medically unnecessary treatments on
23 persons born with intersex traits or variations in sex characteristics,
24 as proposed in legislative bills numbers S. 5399 and A. 5627, takes
25 effect.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00423-02-4
