Section 17-401
§ 17-401 Findings and declaration. The council declares that due to
the irreversible nature of the sterilization procedure, it is essential
that the patient fully comprehends the effects and possible
complications of the operation. The patient should have a reasonable
time to consider his or her decision and possible alternative methods of
contraception before the operation is performed. Since it is within the
purview of the public policy of the city to preserve, protect and
improve the public health, safety and welfare, it is imperative that the
council establish standards governing the performance of sterilizations.
Section 17-402
§ 17-402 Definitions. When used in this chapter:
1. "Sterilization" shall mean any procedure or operation, the purpose
of which is to render an individual permanently incapable of
reproducing.
2. "Patient" shall mean a person, twenty-one years of age or older,
who is legally capable of giving his or her consent.
Section 17-403
§ 17-403 Application of chapter. This chapter shall apply to every
sterilization performed within the city of New York.
Section 17-404
§ 17-404 Waiting period. A sterilization may not be performed sooner
than thirty days following the initial informed consent given by the
patient unless the patient waives the thirty-day waiting period under
the following circumstances:
1. A patient who has completed the appropriate forms and informational
session, and who has signed the required informed consent form at least
thirty days prior to her anticipated delivery date, may be sterilized in
less than thirty days, but in no case less than seventy-two hours
following the initial informed consent given by such patient if she
delivers prior to the anticipated date and the sterilization is
performed at the time of delivery.
2. A patient who has completed the appropriate forms and informational
session and who signs the required consent form at least thirty days
prior to the anticipated sterilization may be sterilized in less than
thirty days if that patient is, within the thirty-day period, admitted
to a facility for emergency abdominal surgery and the sterilization is
concurrent with the abdominal surgery, but in no case shall the
sterilization occur less than seventy-two hours after the initial
consent.
3. If a patient appears for delivery or emergency abdominal surgery at
a facility other than that at which the patient has completed the
appropriate forms and informational session, the receiving facility
shall contact, by telephone, the facility at which the forms and
procedures were completed for verification of same. This must be noted
in the record, with the name and title of the person providing the
information, the date that the consent form was signed and the
anticipated delivery date if under subdivision one of this section or
sterilization date if under subdivision two of this section. If it is
verified that the consent form was signed at least thirty days prior to
the anticipated delivery or sterilization date, the receiving facility
may perform the sterilization operation. Telephone verification may not
be waived unless the patient presents a duplicate copy of the initial
consent, duly signed, witnessed and dated at least thirty days prior to
the anticipated delivery or sterilization date.
Section 17-405
§ 17-405 Requirements for informed consent. No sterilization shall be
performed which does not meet the following conditions:
1. Initial consent may not be elicited from a female patient during
admission or hospitalization for childbirth or abortion.
2. An informational session conducted by a counselor, who is not the
operating physician, must precede the patient's consent. During the
session, information about the irreversibility of sterilization,
alternative methods of contraception, and the corresponding risks must
be discussed in the preferred language of the patient.
3. Written informed consent for sterilization must be obtained from
each patient. A standardized consent form must be used to satisfy this
requirement. The form, supplied by the department must be explained
orally by the counselor in the presence of a witness. A copy of the
signed consent form shall be provided the patient.
4. On admission to the facility where the sterilization will be
performed each patient must give written affirmation of his or her
informed consent to the sterilization.
5. The patient must be given oral and written assurance that medical
services or benefits will not be lost as a result of refusing
sterilization.
6. Contraceptive devices will be prescribed for the patient's use
during the thirty-day waiting period.
7. Consent for the sterilization may be revoked any time prior to the
operation.
Section 17-406
§ 17-406 Consent form. The standardized consent form provided by the
department must include information about the irreversibility of
sterilization, alternative methods of contraception and the
corresponding risks.
Section 17-407
§ 17-407 Reports. The obstetrics or gynecology department of each
hospital where sterilizations are performed, the administrator in charge
of each clinic where sterilizations are performed, and physicians in
private practice who perform sterilizations must submit monthly reports
of the number of sterilizations performed to the department of health
and mental hygiene. Forms will be provided by the department.
Section 17-408
§ 17-408 Enforcement proceedings. a. Notwithstanding the provisions
of any other law, any person violating any of the provisions of this
chapter shall be liable and responsible for a penalty of not more than
one thousand dollars to be recovered in a civil action but in the name
of the city in any court of record in the city.
b. The commissioner may in his or her discretion request the
corporation counsel to institute legal proceedings to restrain, correct
or enjoin any violation of this chapter; and the corporation counsel
shall thereupon institute such action or proceeding as may be necessary
and appropriate for such purpose.
c. Such actions and proceedings may be entered into by the corporation
counsel in any court of civil jurisdiction within the city. In such
actions and proceedings the city may apply for restraining orders,
preliminary injunctions or other provisional remedies with or without
notice.
d. In no case shall the department or any officer or employee thereof
be liable for costs in any such action or proceeding and officers and
employees of the department, acting in good faith, shall be free from
liability for acts done in any action or proceeding.