House File 327 - Introduced
HOUSE FILE 327
BY SHIPLEY
A BILL FOR
1 An Act relating to treatment or intervention involving a minor
2 diagnosed with gender dysphoria, and providing for licensee
3 discipline and civil penalties.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 Section 1. NEW SECTION. 147.163 Gender dysphoria —— consent
2 by parents or legal guardians to medical procedures —— licensee
3 discipline.
4 1. As used in this section:
5 a. “Gender dysphoria” means gender dysphoria as designated
6 in the diagnostic and statistical manual of mental disorders,
7 fifth edition.
8 b. “Minor” means a person during the period of minority as
9 specified in section 599.1.
10 c. “Physician” means a person licensed as a physician
11 and surgeon or osteopathic physician and surgeon pursuant to
12 chapter 148.
13 d. “Practitioner” means a physician and surgeon or
14 osteopathic physician and surgeon licensed under chapter 148
15 who specializes in the practice of psychiatry; a psychologist
16 licensed under chapter 154B; a licensed marital and family
17 therapist or mental health counselor or a temporary licensed
18 marital and family therapist or mental health counselor as
19 defined in section 154D.1; a social worker licensed pursuant to
20 chapter 154C; a licensed school counselor, school psychologist,
21 or school social worker; an advanced registered nurse
22 practitioner licensed pursuant to chapter 152 or an advanced
23 practice registered nurse under chapter 152E; a practitioner
24 as defined in section 272.1; a victim counselor as defined in
25 section 915.20A; a psychiatric nurse; any other person who
26 provides counseling or mental health or behavioral health
27 services as a part of the person’s professional training or
28 practice under Iowa law or rule; or any student, intern,
29 volunteer, or other person assisting or acting under the
30 direction or guidance of any of these professionals.
31 2. a. A physician shall not perform any treatment or
32 intervention on the sex characteristics of a minor diagnosed
33 with gender dysphoria unless all of the following conditions
34 are met:
35 (1) The physician provides written and oral disclosure
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1 to all parents or legal guardians of the minor that informed
2 consent must be obtained from all parents or legal guardians
3 of the minor.
4 (2) The physician provides written and oral disclosure to
5 all parents or legal guardians of the minor in nontechnical
6 terms that include all of the following:
7 (a) A description of the treatment or intervention to be
8 performed, including any necessary health care management or
9 long-term follow-up care to be expected following the treatment
10 or intervention.
11 (b) A description of any attendant discomfort and risks to
12 the minor in the short term and long term, including but not
13 limited to any irreparable or irreversible harm or limitations
14 regarding future fertility or development or construction of
15 female-typical or male-typical characteristics, which may
16 reasonably be expected following the treatment or intervention.
17 (c) An explanation of any benefits that the minor may
18 reasonably expect following the treatment or intervention.
19 (d) An explanation of any appropriate alternative
20 procedures, drugs, or devices, including any delay of the
21 procedure, that might be advantageous to the minor, and the
22 relative risks and benefits of these alternatives.
23 (e) An offer to answer any inquiries concerning the
24 treatment or intervention involved.
25 (3) The physician obtains the written consent of all
26 parents or legal guardians of the minor prior to performing the
27 treatment or intervention.
28 b. The physician shall retain the original written consent
29 in the medical record of the minor and shall provide a copy of
30 the written consent to all parents or legal guardians of the
31 minor.
32 c. A physician who violates this subsection shall be subject
33 to licensee discipline pursuant to section 148.6.
34 3. a. A practitioner who engages in discussions or
35 counseling regarding gender dysphoria treatment or intervention
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1 options with a minor shall fully and accurately disclose all
2 known and documented adverse events relating to such treatment
3 options.
4 b. A practitioner who violates this subsection is subject
5 to suspension of the practitioner’s license or other practice
6 authorization for a minimum of three years and a civil penalty
7 of twenty-five thousand dollars.
8 4. The board of medicine and any appropriate licensing
9 entity or disciplinary authority with professional jurisdiction
10 over a practitioner under this section shall adopt rules
11 pursuant to chapter 17A to administer this section.
12 Sec. 2. CODE EDITOR DIRECTIVE. The Code editor shall create
13 a new subchapter in chapter 147, codifying section 147.163,
14 as enacted in this Act, as “Minors —— gender dysphoria ——
15 treatment and intervention”.
16 EXPLANATION
17 The inclusion of this explanation does not constitute agreement with
18 the explanation’s substance by the members of the general assembly.
19 This bill relates to treatment or intervention involving a
20 minor diagnosed with gender dysphoria.
21 The bill includes definitions used in the bill including
22 “gender dysphoria”, “minor”, “physician”, and “practitioner”.
23 The bill prohibits a physician from performing any treatment
24 or intervention on the sex characteristics of a minor diagnosed
25 with gender dysphoria unless the physician provides written
26 and oral disclosure to all parents or legal guardians of the
27 minor that informed consent must be obtained from all parents
28 or legal guardians of the minor; provides written and oral
29 disclosure to all parents or legal guardians of the minor in
30 nontechnical terms that include a description of the treatment
31 or intervention to be performed, a description of any attendant
32 discomfort and risks to the minor in the short term and
33 long term, an explanation of any benefits that the minor may
34 reasonably expect following the treatment or intervention, an
35 explanation of any appropriate alternative procedures, drugs,
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1 or devices, and an offer to answer any inquiries concerning
2 the treatment or intervention involved; and obtains written
3 consent from all parents or legal guardians of the minor. The
4 physician shall retain the original written consent in the
5 medical record of the minor and shall provide a copy of the
6 written consent to all parents or legal guardians of the minor.
7 A physician who violates this provision of the bill is subject
8 to licensee discipline which may include a civil penalty not to
9 exceed $10,000 pursuant to Code section 148.6.
10 The bill also provides that a practitioner who engages in
11 discussions or counseling regarding gender dysphoria treatment
12 or intervention options with a minor shall fully and accurately
13 disclose all known and documented adverse events relating to
14 such treatment or intervention options. A practitioner who
15 violates this provision of the bill is subject to suspension of
16 the practitioner’s license or other practice authorization for
17 a minimum of three years and a civil penalty of $25,000.
18 The board of medicine and any appropriate licensing entity
19 or disciplinary authority with professional jurisdiction over a
20 practitioner under the bill shall adopt administrative rules
21 to administer the bill.
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