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Int 0491-2014

Amending sex designation on birth records.

IntroductionEnactedCommittee on Healthintroduced 2014-10-07Local Law 2015/001

Enacted as Local Law 2015/001.

Official record · Legistar

Agenda: 2014-10-07Passed: 2015-01-08Enacted: 2015-01-08

Summary

The New York City Health Code currently allows individuals to change the gender designation on their birth certificate if they have obtained a court order changing his or her name and undergone “convertive surgery.” This bill would allow individuals to change such gender designation by having a medical or mental health professional fill out an affidavit or affirmation attesting that the changed sex designation more accurately reflects the applicant's sex gender identity. The licensed professionals allowed to make such attestations would be as follows: physicians, doctoral level psychologists in clinical or counseling psychology, clinical social workers, master social workers, physician assistants, nurse practitioners, marriage and family therapists, mental health counselors or midwives. Such practitioners must be licensed to practice in the United States, and must include a declaration under penalty of perjury that the professional is licensed and in good standing and that the applicant’s requested correction of sex designation more accurately reflects the applicant’s sex or gender identity.

Committee on HealthDepartment of Health and Mental Hygiene, Office of the Chief Medical Examiner and EMS (health-related issues).

How it compares

38% of similar bills passed

19 passed · 31 died

This bill: 58 days in committee

Similar bills: median 441 days · 96 days when passed

Sponsors (34)

The Public Advocate (Ms. James)

Lifecycle

IntroducedIntroduced by Council
2014-10-07 · City Council
ActionReferred to Comm by Council
2014-10-07 · City Council
HeardHearing Held by Committee
2014-11-10 · Committee on Health
HeldLaid Over by Committee
2014-11-10 · Committee on Health
HeardHearing Held by Committee
2014-12-05 · Committee on Health
ActionAmendment Proposed by Comm
2014-12-05 · Committee on Health
ActionAmended by Committee
2014-12-05 · Committee on Health
AdvancedApproved by Committee
2014-12-05 · Committee on Health
AdvancedApproved by Council
2014-12-08 · City Council
ActionSent to Mayor by Council
2014-12-08 · City Council
AdvancedCity Charter Rule Adopted
2015-01-08 · Administration

Votes (60)

Aye (47)
Corey D. JohnsonMaria Del Carmen ArroyoRosie MendezPeter A. KooJames G. Van BramerInez D. BarronRobert E. Cornegy, Jr.Rafael L. Espinal, Jr.Melissa Mark-ViveritoMaria Del Carmen ArroyoMargaret S. ChinAndrew CohenCosta G. ConstantinidesRobert E. Cornegy, Jr.Elizabeth S. CrowleyInez E. DickensDaniel Dromm Rafael L. Espinal, Jr.Mathieu EugeneJulissa Ferreras-CopelandDaniel R. GarodnickVincent J. GentileVanessa L. GibsonCorey D. JohnsonBen KallosPeter A. KooKaren KoslowitzRory I. LancmanBrad S. LanderStephen T. LevinMark LevineAlan N. MaiselCarlos MenchacaRosie MendezI. Daneek MillerAnnabel PalmaAntonio ReynosoDonovan J. RichardsYdanis A. RodriguezDeborah L. RoseHelen K. RosenthalRitchie J. TorresMark TreygerEric A. UlrichPaul A. ValloneJames G. Van BramerMark S. Weprin
Nay (5)
Fernando Cabrera Chaim M. DeutschDavid G. GreenfieldVincent IgnizioSteven Matteo
Abstain (3)
Andy L. KingJumaane D. WilliamsRuben Wills
Absent (5)
Mathieu EugeneInez D. BarronLaurie A. CumboDarlene MealyJames Vacca

Heard at (4)

City Council · 2014-12-08 · 1:30 PM · Council Chambers - City Hall
Committee on Health · 2014-12-05 · 1:00 PM · Committee Room - City Hall
Committee on Health · 2014-11-10 · 1:00 PM · Council Chambers - City Hall
City Council · 2014-10-07 · 1:30 PM · Council Chambers - City Hall

Attachments (12)

Full text
Be it enacted by the Council as follows: Section one. Chapter one of title 17 of the administrative code of the city of New York is amended by adding a new section 17-167.1 to read as follows: � 17-167.1 Sex designation on birth records. a. The department shall make a new birth record when an applicant submits an application and supporting documentation pursuant to this subdivision and subdivision b of this section requesting the correction of sex designation to the applicant's birth record. Such application shall be made in a form or manner to be provided or approved by the department. If the department requests information, documentation or a copy of an acceptable current signed photographic identification, the department may not take into account the sex designation listed on such identification in reviewing such application. b. An application made pursuant to subdivision a of this section shall be accompanied by supporting documentation that is an affirmation from a physician licensed to practice medicine in the United States, or an affidavit from a professional licensed to practice in the United States who is a: doctoral level psychologist (Ph.D. or Psy.D.) in clinical or counseling psychology, clinical social worker, master social worker, physician assistant, nurse practitioner, marriage and family therapist, mental health counselor or midwife. Such affirmation or affidavit shall include a declaration affirming or attesting under penalty of perjury that: 1. the professional is licensed and in good standing in the jurisdiction in the United States in which such professional is licensed; and 2. in keeping with contemporary expert standards regarding gender identity, the applicant's requested correction of sex designation of male or female more accurately reflects the applicant's sex or gender identity. � 2. This local law shall take effect forty five days after enactment. DSH LS 722/2014 11/25/14 7:20 PM