| By: Hall, et al. | S.B. No. 1029 | |
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| relating to civil liability for, governmental health plan coverage | ||
| of, and public funding for gender modification procedures and | ||
| treatments. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The legislature finds that: | ||
| (1) as evidenced by a 2018 video of a Vanderbilt | ||
| University Medical Center administrator who promoted gender | ||
| modification surgeries as financially beneficial and stated that | ||
| entire clinics are being financed by phalloplasties, the medical | ||
| community has knowledge that many so-called "gender affirming" | ||
| treatments are not in the best interest of the health of the patient | ||
| but rather are being promoted for the monetary gain the health care | ||
| facilities will receive from providing those treatments; and | ||
| (2) the medical community has a conflict of interest | ||
| in offering gender modification treatments and procedures because | ||
| those treatments and procedures create lifelong patients as a | ||
| result of required follow-up visits after those treatments and | ||
| procedures. | ||
| SECTION 2. Title 4, Civil Practice and Remedies Code, is | ||
| amended by adding Chapter 74B to read as follows: | ||
| CHAPTER 74B. LIABILITY FOR GENDER MODIFICATION PROCEDURES AND | ||
| TREATMENTS | ||
| Sec. 74B.001. DEFINITION. In this chapter, "gender | ||
| modification procedure or treatment" means a health care procedure | ||
| or treatment provided for the purpose of transitioning a patient's | ||
| biological sex, as determined by the patient's sex organs, | ||
| chromosomes, and endogenous profiles, or affirming the patient's | ||
| perception of the patient's sex if that perception is inconsistent | ||
| with the patient's sex. The term includes: | ||
| (1) a surgery that sterilizes the patient, including: | ||
| (A) castration; | ||
| (B) vasectomy; | ||
| (C) hysterectomy; | ||
| (D) oophorectomy; | ||
| (E) metoidioplasty; | ||
| (F) orchiectomy; | ||
| (G) penectomy; | ||
| (H) phalloplasty; and | ||
| (I) vaginoplasty; | ||
| (2) a mastectomy; | ||
| (3) the prescription, administration, or supply of any | ||
| of the following medications that induce transient or permanent | ||
| infertility: | ||
| (A) puberty-blocking medication to stop or delay | ||
| normal puberty; | ||
| (B) supraphysiologic doses of testosterone to | ||
| females; or | ||
| (C) supraphysiologic doses of estrogen to males; | ||
| and | ||
| (4) the removal of any otherwise healthy or | ||
| non-diseased body part or tissue. | ||
| Sec. 74B.002. CONFLICT OF LAWS. To the extent this chapter | ||
| conflicts with another law, this chapter prevails. | ||
| Sec. 74B.003. STRICT LIABILITY FOR HEALTH COVERAGE. A | ||
| health benefit plan issuer is strictly liable to a patient for the | ||
| patient's medical, mental health, and pharmaceutical costs, | ||
| including costs associated with reversing a gender modification | ||
| procedure or treatment, incurred for the life of the patient as a | ||
| result of a gender modification procedure or treatment covered by | ||
| the issuer's plan. | ||
| Sec. 74B.004. LIABILITY FOR PHYSICIAN OR HEALTH CARE | ||
| PROVIDER. A physician or health care provider who provides a gender | ||
| modification procedure or treatment to a patient is: | ||
| Statutes affected: Introduced: () Senate Committee Report: () Engrossed: () | ||