This bill prohibits a person from providing or facilitating the provision of sexual identity change therapy to a minor who has not yet entered puberty. Additionally, this bill prohibits a person from providing or facilitating the provision of sexual identity change therapy to a minor who has entered puberty unless the parent or legal guardian of the minor provides a signed, written statement recommending sexual identity change therapy for the minor from:
(1) Two or more licensed physicians; and
(2) At least one physician who is board-certified in child and adolescent psychiatry, and who is not the same person as any physician whose written recommendation is used to satisfy item (1).
This bill provides that a violation will be punishable as a Class A misdemeanor under the present law child abuse statute. This bill adds "provision of sexual identity change to a child" to the list of activities that "adversely affect the child's health and welfare" under the present child abuse laws. Under present law, any person who knowingly abuses or neglects a child under 18 years of age, so as to adversely affect the child's health and welfare, commits a Class A misdemeanor; however, if the child is eight years of age or less, the penalty is a Class E felony.
In addition to any criminal liability under this bill, a violation by a healthcare professional will constitute professional misconduct and be subject to discipline by the healthcare professional's licensing authority. Also, a healthcare professional who violates this bill will be subject to a civil action in tort in accordance with applicable healthcare liability provisions. This bill establishes the statute of limitations for such an action to be seven years after a minor turns 21 years of age.
For purposes of this bill:
(1) "Sexual identity change therapy" means a course of treatment that involves the use of hormone replacement, puberty blockers, or other medical intervention to change the sexual identity or physical appearance of a patient to a sexual identity or physical appearance that does not correspond to the anatomy and chromosomal makeup with which the patient was born; and
(2) "Sexual identity" means an individual's self-recognition and self-expression as either a biological female or biological male.

Statutes affected:
Current Version: 39-15-401(g), 39-15-401