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A Local Law to amend the administrative code of the city of New York, in relation to amending sex designation on birth records.

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.

  • Enacted

History

Jan 8, 2015
Administration
City Charter Rule Adopted
Dec 8, 2014
City Council
Sent to Mayor by Council
Dec 8, 2014
City Council
Pass
Approved by Council

Affirmative

Absent

Negative

Abstain

Dec 5, 2014
Committee on Health
Hearing Held by Committee
Dec 5, 2014
Committee on Health
Amendment Proposed by Comm
Dec 5, 2014
Committee on Health
Amended by Committee
Dec 5, 2014
Committee on Health
Pass
Approved by Committee

Affirmative

Absent

Nov 10, 2014
Committee on Health
Hearing Held by Committee
Nov 10, 2014
Committee on Health
Laid Over by Committee
Oct 7, 2014
City Council
Referred to Comm by Council
Oct 7, 2014
City Council
Introduced by Council
Int. No. 491-A
 
By Council Members Johnson, Chin, Cohen, Constantinides, Garodnick, Koo, Lander, Levine, Palma, Richards, Rodriguez, Koslowitz, Levin, Torres, Reynoso, Rosenthal, Ferreras, Van Bramer, Kallos, Dromm, Mendez, Espinal, Weprin, Mealy, Menchaca, Cornegy, Rose, Barron, Cumbo, Ulrich, Dickens, Vacca, Arroyo and the Public Advocate (Ms. James)
 
 
A Local Law to amend the administrative code of the city of New York, in relation to amending sex designation on birth records.
 
 
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