Chapter 4 - STANDARDS GOVERNING THE PERFORMANCE OF STERILIZATIONS

Section 17-401

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

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

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

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

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

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

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

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.