SB 113-42: No More Buck v. Bell Act (Passed)

[Mr. Reactionary]

NO MORE BUCK V. BELL ACT

Whereas, many States in Atlasia have a shameful record of forcibly or coercively sterilizing otherwise healthy criminals, minors, social outcasts, and persons who lacked the capacity to give informed consent; and

Whereas, sterilizing otherwise healthy persons deprives such persons of their God-given rights to form families; and

Whereas, sterilizing otherwise healthy persons negatively impacts the public health, safety, and welfare of Atlasia by limiting potential families and population growth, while wasting scarce medical resources; and

Whereas, limiting the risk of coercive sterilizations while balancing the need for sterilization in certain medically-necessary cases is important;

Now therefore, the Atlasian Senate Assembled hereby ordains the following:

1. No federal court in Atlasia shall authorize or require the sterilization of a minor, nor of a prisoner, nor of an adult who lacks the capacity to give informed consent.

2. It shall be unlawful for any licensed physician or healthcare practioner to perform a vasectomy, salpingectomy, hysterectomy, tubal ligation, orchiectomy, penectomy, mastectomy, or other surgical sexual sterilization procedure on any otherwise healthy adult who is imprisoned or who is involuntarily committed or otherwise lacks the mental capacity to give informed consent.

3. It shall be unlawful for any licensed physician or healthcare practioner to perform a vasectomy, salpingectomy, hysterectomy, tubal ligation, orchiectomy, penectomy, mastectomy, or other surgical sexual sterilization procedure on any otherwise healthy minor child younger than eighteen (18) years of age.

4. Prior to or at the time of a patient request for any sexual sterilization procedure, a full, reasonable, and comprehensible medical explanation as to the meaning and consequences of such an operation and as to alternative methods of contraception shall be given by the physician to the person requesting the operation. No procedure shall be performed until at least ten (10) days subsequent to the person requesting the procedure offering written consent and receiving the counseling prescribed herein, except where such delay poses a substantial risk to the physical health of the patient.

5. A licensed physician or healthcare practioner who performs a vasectomy, salpingectomy, hysterectomy, tubal ligation, orchiectomy, penectomy, mastectomy, or other surgical sexual sterilization procedure upon any otherwise healthy person in violation of this act shall be liable to the individual if injured (including any physical, psychological, emotional, or physiological harms) by such procedure, related treatment, or the aftereffects of the procedure.

6. An individual eligible to sue may, not later than the day that is fifteen (15) years after the date on which the individual turns eighteen (18) years of age, regains mental capacity, is discharged from imprisonment, or otherwise becomes eligible to sue, bring a civil action against such physician in a court of competent jurisdiction for:

A. declaratory or injunctive relief;

B. compensatory damages;

C. punitive damages; and

D. attorney’s fees and costs.

7. Subject to the rules of law applicable generally to negligence, no licensed physician or healthcare practioner shall be either civilly or criminally liable by reason of having refused or declined to perform a vasectomy, salpingectomy, hysterectomy, tubal ligation, orchiectomy, penectomy, mastectomy, or other surgical sexual sterilization procedure upon any otherwise healthy person in Atlasia.

8. No federal public funds shall be expended to pay for or facilitate a vasectomy, salpingectomy, hysterectomy, tubal ligation, orchiectomy, penectomy, mastectomy, or other surgical sexual sterilization procedure upon any otherwise healthy person.

9. No provision in this act shall apply to or be construed so as to prevent, control, or regulate the medical or surgical treatment for sound therapeutic reasons of any person in Atlasia by a licensed physician or healthcare practioner, which treatment may require sexual sterilization or may involve the nullification or destruction of the reproductive functions, including but not limited to treatment for cancer. For the purposes of this provision the sterilization of a person whose physical health would be endangered by a pregnancy shall be deemed a medical or surgical treatment for sound therapeutic reasons.

10. This act shall take effect thirty (30) days from the date of passage.

Sponsor: Louisville Thunder
Debate on this bill is now open.

[Mr. Reactionary]

This overturns the Buck v. Bell case that authorized unethical sterilization on committed people and authorizes lawsuits fir victims.

[Southern Senator North Carolina Yankee]

Another sad and dark chapter of the 20th century (mostly anyway), that flew under the radar for way to long. Goes along with the whole eugenics stuff and I am glad we are finally addressing this aspect of it.

[Mr. Reactionary]

I move for a final vote. 24 hours to object.

[Mr. Reactionary]

Motion passes. I will open the final vote tomorrow or Saturday for the next vote a rama.

[Mr. Reactionary]

A final vote is now open on this bill lasting until Wednesday Eastern at noon (102 Hours) or until everyone has voted, whichever occurs soonest. Please Vote Aye, Nay, or Abstain.

NO MORE BUCK V. BELL ACT

Whereas, many States in Atlasia have a shameful record of forcibly or coercively sterilizing otherwise healthy criminals, minors, social outcasts, and persons who lacked the capacity to give informed consent; and

Whereas, sterilizing otherwise healthy persons deprives such persons of their God-given rights to form families; and

Whereas, sterilizing otherwise healthy persons negatively impacts the public health, safety, and welfare of Atlasia by limiting potential families and population growth, while wasting scarce medical resources; and

Whereas, limiting the risk of coercive sterilizations while balancing the need for sterilization in certain medically-necessary cases is important;

Now therefore, the Atlasian Senate Assembled hereby ordains the following:

1. No federal court in Atlasia shall authorize or require the sterilization of a minor, nor of a prisoner, nor of an adult who lacks the capacity to give informed consent.

2. It shall be unlawful for any licensed physician or healthcare practioner to perform a vasectomy, salpingectomy, hysterectomy, tubal ligation, orchiectomy, penectomy, mastectomy, or other surgical sexual sterilization procedure on any otherwise healthy adult who is imprisoned or who is involuntarily committed or otherwise lacks the mental capacity to give informed consent.

3. It shall be unlawful for any licensed physician or healthcare practioner to perform a vasectomy, salpingectomy, hysterectomy, tubal ligation, orchiectomy, penectomy, mastectomy, or other surgical sexual sterilization procedure on any otherwise healthy minor child younger than eighteen (18) years of age.

4. Prior to or at the time of a patient request for any sexual sterilization procedure, a full, reasonable, and comprehensible medical explanation as to the meaning and consequences of such an operation and as to alternative methods of contraception shall be given by the physician to the person requesting the operation. No procedure shall be performed until at least ten (10) days subsequent to the person requesting the procedure offering written consent and receiving the counseling prescribed herein, except where such delay poses a substantial risk to the physical health of the patient.

5. A licensed physician or healthcare practioner who performs a vasectomy, salpingectomy, hysterectomy, tubal ligation, orchiectomy, penectomy, mastectomy, or other surgical sexual sterilization procedure upon any otherwise healthy person in violation of this act shall be liable to the individual if injured (including any physical, psychological, emotional, or physiological harms) by such procedure, related treatment, or the aftereffects of the procedure.

6. An individual eligible to sue may, not later than the day that is fifteen (15) years after the date on which the individual turns eighteen (18) years of age, regains mental capacity, is discharged from imprisonment, or otherwise becomes eligible to sue, bring a civil action against such physician in a court of competent jurisdiction for:

A. declaratory or injunctive relief;

B. compensatory damages;

C. punitive damages; and

D. attorney’s fees and costs.

7. Subject to the rules of law applicable generally to negligence, no licensed physician or healthcare practioner shall be either civilly or criminally liable by reason of having refused or declined to perform a vasectomy, salpingectomy, hysterectomy, tubal ligation, orchiectomy, penectomy, mastectomy, or other surgical sexual sterilization procedure upon any otherwise healthy person in Atlasia.

8. No federal public funds shall be expended to pay for or facilitate a vasectomy, salpingectomy, hysterectomy, tubal ligation, orchiectomy, penectomy, mastectomy, or other surgical sexual sterilization procedure upon any otherwise healthy person.

9. No provision in this act shall apply to or be construed so as to prevent, control, or regulate the medical or surgical treatment for sound therapeutic reasons of any person in Atlasia by a licensed physician or healthcare practioner, which treatment may require sexual sterilization or may involve the nullification or destruction of the reproductive functions, including but not limited to treatment for cancer. For the purposes of this provision the sterilization of a person whose physical health would be endangered by a pregnancy shall be deemed a medical or surgical treatment for sound therapeutic reasons.

10. This act shall take effect thirty (30) days from the date of passage.

[West_Midlander]

Aye

[Mr. Reactionary]

Aye

[At-Large Senator LouisvilleThunder]

Aye

[fhtagn]

Aye

[LAKISYLVANIA]

Aye

[PPT Spiral]

Aye

[Utah Neolib]

Aye

[Deep Dixieland Senator, Muad'dib (OSR MSR)]

Aye

[Enduro]

Aye

[GM Team Member and Senator WB]

there's some parts I'm uncertain about entirely (mostly due to potential trans issues) but on the balance this is good, so I'll vote aye.

[PragmaticPopulist]

Aye

[OSR stands with Israel]

Aye

[Liminal Trans Girl]

Aye

[OriAr]

Aye

[Southern Senator North Carolina Yankee]

Aye

[Mr. Reactionary]

Bill passes 14-0-0-4

[Mr. Reactionary]

NO MORE BUCK V. BELL ACT

Whereas, many States in Atlasia have a shameful record of forcibly or coercively sterilizing otherwise healthy criminals, minors, social outcasts, and persons who lacked the capacity to give informed consent; and

Whereas, sterilizing otherwise healthy persons deprives such persons of their God-given rights to form families; and

Whereas, sterilizing otherwise healthy persons negatively impacts the public health, safety, and welfare of Atlasia by limiting potential families and population growth, while wasting scarce medical resources; and

Whereas, limiting the risk of coercive sterilizations while balancing the need for sterilization in certain medically-necessary cases is important;

Now therefore, the Atlasian Senate Assembled hereby ordains the following:

1. No federal court in Atlasia shall authorize or require the sterilization of a minor, nor of a prisoner, nor of an adult who lacks the capacity to give informed consent.

2. It shall be unlawful for any licensed physician or healthcare practioner to perform a vasectomy, salpingectomy, hysterectomy, tubal ligation, orchiectomy, penectomy, mastectomy, or other surgical sexual sterilization procedure on any otherwise healthy adult who is imprisoned or who is involuntarily committed or otherwise lacks the mental capacity to give informed consent.

3. It shall be unlawful for any licensed physician or healthcare practioner to perform a vasectomy, salpingectomy, hysterectomy, tubal ligation, orchiectomy, penectomy, mastectomy, or other surgical sexual sterilization procedure on any otherwise healthy minor child younger than eighteen (18) years of age.

4. Prior to or at the time of a patient request for any sexual sterilization procedure, a full, reasonable, and comprehensible medical explanation as to the meaning and consequences of such an operation and as to alternative methods of contraception shall be given by the physician to the person requesting the operation. No procedure shall be performed until at least ten (10) days subsequent to the person requesting the procedure offering written consent and receiving the counseling prescribed herein, except where such delay poses a substantial risk to the physical health of the patient.

5. A licensed physician or healthcare practioner who performs a vasectomy, salpingectomy, hysterectomy, tubal ligation, orchiectomy, penectomy, mastectomy, or other surgical sexual sterilization procedure upon any otherwise healthy person in violation of this act shall be liable to the individual if injured (including any physical, psychological, emotional, or physiological harms) by such procedure, related treatment, or the aftereffects of the procedure.

6. An individual eligible to sue may, not later than the day that is fifteen (15) years after the date on which the individual turns eighteen (18) years of age, regains mental capacity, is discharged from imprisonment, or otherwise becomes eligible to sue, bring a civil action against such physician in a court of competent jurisdiction for:

A. declaratory or injunctive relief;

B. compensatory damages;

C. punitive damages; and

D. attorney’s fees and costs.

7. Subject to the rules of law applicable generally to negligence, no licensed physician or healthcare practioner shall be either civilly or criminally liable by reason of having refused or declined to perform a vasectomy, salpingectomy, hysterectomy, tubal ligation, orchiectomy, penectomy, mastectomy, or other surgical sexual sterilization procedure upon any otherwise healthy person in Atlasia.

8. No federal public funds shall be expended to pay for or facilitate a vasectomy, salpingectomy, hysterectomy, tubal ligation, orchiectomy, penectomy, mastectomy, or other surgical sexual sterilization procedure upon any otherwise healthy person.

9. No provision in this act shall apply to or be construed so as to prevent, control, or regulate the medical or surgical treatment for sound therapeutic reasons of any person in Atlasia by a licensed physician or healthcare practioner, which treatment may require sexual sterilization or may involve the nullification or destruction of the reproductive functions, including but not limited to treatment for cancer. For the purposes of this provision the sterilization of a person whose physical health would be endangered by a pregnancy shall be deemed a medical or surgical treatment for sound therapeutic reasons.

10. This act shall take effect thirty (30) days from the date of passage.

Passed 14-0-0-4 in the Atlasian Senate assembled.

- R, PPT