2023 23LSO-0661
STATE OF WYOMING
SENATE FILE NO. SF0144
Chloe's law-children gender change prohibition.
Sponsored by: Senator(s) Bouchard, French, Hutchings, Ide,
Laursen, D and McKeown and Representative(s)
Heiner, Hornok and Winter
A BILL
for
1 AN ACT relating to public health and safety; prohibiting
2 physicians from performing procedures for children related
3 to gender transitioning and gender reassignment; providing
4 an exception; providing that gender transitioning and
5 reassignment procedures are grounds for suspension or
6 revocation of a physician's license; prohibiting insurance
7 coverage for children for gender transitioning and
8 reassignment procedures; providing definitions; specifying
9 applicability; requiring rulemaking; and providing for
10 effective dates.
11
12 Be It Enacted by the Legislature of the State of Wyoming:
13
14 Section 1. W.S. 26-20-901 and 35-4-1001 are created
15 to read:
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1
2 ARTICLE 9
3 COVERAGE FOR GENDER-RELATED PROCEDURES
4
5 26-20-901. Health insurance; coverage of gender
6 transition and reassignment procedures prohibited.
7
8 No individual or group health insurance policy providing
9 coverage on an expense incurred basis, individual or group
10 service or indemnity type contract issued by any insurer
11 including any nonprofit corporation or individual or group
12 service contract issued by a health maintenance
13 organization or delivered on or after July 1, 2023 shall
14 include coverage for any gender transitioning or gender
15 reassignment procedure provided to or performed upon a
16 child that is prohibited by W.S. 35-4-1001.
17
18 ARTICLE 10
19 GENDER-RELATED PROCEDURES
20
21 35-4-1001. Gender transitioning and reassignment
22 procedures for children prohibited.
23
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1 (a) As used in this section:
2
3 (i) "Child" means a person who is younger than
4 eighteen (18) years of age;
5
6 (ii) "Health care provider" means a person other
7 than a physician who is licensed, certified or otherwise
8 authorized by Wyoming law to provide or render health care
9 or to dispense or prescribe a prescription drug in the
10 ordinary course of business or practice of a profession;
11
12 (iii) "Physician" means any person licensed to
13 practice medicine in this state by the state board of
14 medicine under the Medical Practice Act.
15
16 (b) For purposes of transitioning a child's
17 biological sex as determined by the sex organs and except
18 as provided by subsection (c) of this section, chromosomes
19 and endogenous profiles of the child or affirming the
20 child's perception of the child's sex if that perception is
21 inconsistent with the child's biological sex, no physician
22 or health care provider shall:
23
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1 (i) Perform a surgery that sterilizes the child,
2 including castration, vasectomy, hysterectomy,
3 oophorectomy, metoidioplasty, orchiectomy, penectomy,
4 phalloplasty and vaginoplasty;
5
6 (ii) Perform a mastectomy;
7
8 (iii) Provide, administer, prescribe or dispense
9 any of the following prescription drugs that induce
10 transient or permanent infertility:
11
12 (A) Puberty suppression or blocking
13 prescription drugs to stop or delay normal puberty;
14
15 (B) Supraphysiologic doses of testosterone
16 to females;
17
18 (C) Supraphysiologic doses of estrogen to
19 males.
20
21 (iv) Remove any otherwise healthy or
22 non-diseased body part or tissue.
23
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1 (c) Subsection (b) of this section shall not apply to
2 procedures or treatments that are performed with the
3 consent of the child's parent or guardian and are for a
4 child who is born with a medically verifiable genetic
5 disorder of sex development, including 46, XX chromosomes
6 with virilization, 46, XY with undervirilization or both
7 ovarian and testicular tissue.
8
9 Section 2. W.S. 33-24-122(a)(intro), (ix) and by
10 creating a new paragraph (xi) and 33-26-402(a) by creating
11 a new paragraph (xxxvi) are amended to read:
12
13 33-24-122. Revocation or suspension of license and
14 registration; letter of admonition; summary suspension;
15 administrative penalties; probation; grounds.
16
17 (a) The license and registration of any pharmacist
18 may be revoked or suspended by the board of pharmacy or the
19 board may issue a letter of admonition, refuse to issue or
20 renew any license or require successful completion of a
21 rehabilitation program or issue a summary suspension for
22 any one (1) or more of the following causes:
23
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1 (ix) For senility or mental impairment which
2 impedes the pharmacist's professional abilities or for
3 habitual personal use of morphine, cocaine or other habit
4 forming drugs or alcohol; or
5
6 (xi) For violating W.S. 35-4-1001.
7
8 33-26-402. Grounds for suspension; revocation;
9 restriction; imposition of conditions; refusal to renew or
10 other disciplinary action.
11
12 (a) The board may refuse to renew, and may revoke,
13 suspend or restrict a license or take other disciplinary
14 action, including the imposition of conditions or
15 restrictions upon a license on one (1) or more of the
16 following grounds:
17
18 (xxxvi) Violating W.S. 35-4-1001.
19
20 Section 3.
21
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1 (a) This act shall apply to all insurance policies
2 delivered or issued for delivery in this state on and after
3 July 1, 2023.
4
5 (b) W.S. 35-4-1001, as created by section 1 of this
6 act, shall apply only to conduct or procedures occurring on
7 and after the effective date of this act.
8
9 Section 4. The insurance commissioner, department of
10 health, state board of medicine and state board of pharmacy
11 shall promulgate all rules necessary to implement this act.
12
13 Section 5.
14
15 (a) Except as provided in subsection (b) of this
16 section, this act is effective July 1, 2023.
17
18 (b) Sections 4 and 5 of this act are effective
19 immediately upon completion of all acts necessary for a
20 bill to become law as provided by Article 4, Section 8 of
21 the Wyoming Constitution.
22
23 (END)
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Statutes affected:
Introduced: 33-24-122, 33-26-402