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File #: Int 0491-2014    Version: Name: Amending sex designation on birth records.
Type: Introduction Status: Enacted
Committee: Committee on Health
On agenda: 10/7/2014
Enactment date: 1/8/2015 Law number: 2015/001
Title: A Local Law to amend the administrative code of the city of New York, in relation to amending sex designation on birth records.
Sponsors: Corey D. Johnson, Margaret S. Chin, Andrew Cohen, Costa G. Constantinides, Daniel R. Garodnick, Peter A. Koo, Brad S. Lander, Mark Levine, Annabel Palma, Donovan J. Richards, Ydanis A. Rodriguez, Karen Koslowitz, Stephen T. Levin, Ritchie J. Torres, Antonio Reynoso, Helen K. Rosenthal, Julissa Ferreras-Copeland, James G. Van Bramer, Ben Kallos, Daniel Dromm , Rosie Mendez, Rafael L. Espinal, Jr., Mark S. Weprin, Darlene Mealy, Carlos Menchaca, Robert E. Cornegy, Jr., Deborah L. Rose, Inez D. Barron, Laurie A. Cumbo, Eric A. Ulrich, Inez E. Dickens, James Vacca, Maria Del Carmen Arroyo, The Public Advocate (Ms. James)
Council Member Sponsors: 34
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.
Attachments: 1. Summary of Int. No. 491-A, 2. Int. No. 491 - 10/7/14, 3. Committee Report 11/10/14, 4. Hearing Testimony 11/10/14, 5. Hearing Transcript 11/10/14, 6. Committee Report 12/5/14, 7. Hearing Transcript 12/5/14, 8. Fiscal Impact Statement, 9. Hearing Transcript - Stated Meeting 12-8-14, 10. Mayor's Letter, 11. Local Law 1, 12. Minutes of the Stated Meeting - December 8, 2014
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
1/8/2015ACorey D. Johnson Administration City Charter Rule Adopted  Action details Meeting details Not available
12/8/2014ACorey D. Johnson City Council Sent to Mayor by Council  Action details Meeting details Not available
12/8/2014ACorey D. Johnson City Council Approved by CouncilPass Action details Meeting details Not available
12/5/2014*Corey D. Johnson Committee on Health Hearing Held by Committee  Action details Meeting details Not available
12/5/2014*Corey D. Johnson Committee on Health Amendment Proposed by Comm  Action details Meeting details Not available
12/5/2014*Corey D. Johnson Committee on Health Amended by Committee  Action details Meeting details Not available
12/5/2014ACorey D. Johnson Committee on Health Approved by CommitteePass Action details Meeting details Not available
11/10/2014*Corey D. Johnson Committee on Health Hearing Held by Committee  Action details Meeting details Not available
11/10/2014*Corey D. Johnson Committee on Health Laid Over by Committee  Action details Meeting details Not available
10/7/2014*Corey D. Johnson City Council Referred to Comm by Council  Action details Meeting details Not available
10/7/2014*Corey D. Johnson City Council Introduced by Council  Action details Meeting details Not available
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