This bill enacts the "Youth Health Protection Act," which generally prohibits certain medical practices as described below upon a minor to facilitate the minor's desire to present or appear in a manner that is inconsistent with the minor's sex.
Present law prohibits a healthcare prescriber from prescribing a course of treatment that involves hormone treatment for gender dysphoric or gender incongruent prepubertal minors, except for diagnoses of growth deficiencies or other diagnoses unrelated to gender dysphoria or gender incongruency. This bill removes this current prohibition and expands the prohibitions as described below.
Prohibitions
This bill generally prohibits an individual from engaging in the following practices upon a minor, or causing the practices to be performed, to facilitate the minor's desire to present or appear in a manner that is inconsistent with the minor's sex:
(1) Surgery that sterilizes the minor;
(2) A mastectomy;
(3) Administering or supplying the following medications that induce transient or permanent infertility: puberty-blocking medication to stop or delay normal puberty; supraphysiologic doses of testosterone or other androgens to members of the female sex; or supraphysiologic doses of estrogen or synthetic compounds with estrogenic activity to members of the male sex; or
(4) Removing an otherwise healthy or non-diseased body part or tissue.
This bill provides that a medical professional who engages in a practice identified above, or causes the practice to be performed, commits unprofessional conduct and is subject to revocation of licensure and other appropriate discipline by the medical professional's licensing authority as well as a civil penalty of up to $1,000 per occurrence, with collected penalties being deposited into the state general fund.
This bill additionally prohibits a a medical professional or licensed healthcare facility that receives state funds from furnishing, providing, or performing a healthcare service that constitutes the performance of or preparation for a gender transition procedure to a minor.
Exceptions to Prohibitions
This bill exempts the following from the prohibitions described above:
(1) The good-faith medical decision of a parent or guardian of a minor born with a medically verifiable genetic disorder of sexual development; or
(2) Treatment of a minor who, before July 1, 2023, had received one or more courses of treatment described in (3) above.
Counseling
This bill prohibits an office, agency, or political subdivision of this state, or an organization with authority to license or discipline the members of a profession, from prohibiting, imposing a penalty, or taking adverse action against an individual who gives or receives counsel, advice, guidance, or other speech or communication consistent with conscience or religious belief.
Parental Rights
This bill provides that a parent, guardian, or custodian may withhold consent for a treatment, activity, or mental healthcare service that is designed and intended to form the child's conceptions of sex and gender or to treat gender dysphoria or gender nonconformity. This bill prohibits an employee or agent of this state or a political subdivision from infringing upon or impeding the exercise of this right. This bill further prohibits such employee or agent, except for a law enforcement officer acting pursuant to an investigation, from:
(1) Encouraging or coercing a minor to withhold information from the minor's parent; or
(2) Withholding from a minor's parents information that is relevant to the physical or mental health of their child and of a sort that parents interested in and responsible for the well-being of a minor reasonably would demand and should be apprised of.
This bill provides that a violation by an employee or agent is grounds for discipline in addition to other remedies provided to a parent under this Act. This bill also requires an employee or agent to immediately notify, in writing, each of the minor's parents, guardians, or custodians if the employee or agent has knowledge that a minor under the care or supervision of this state or a political subdivision has exhibited symptoms of gender dysphoria, gender nonconformity, or otherwise demonstrates a desire to be treated in a manner incongruent with the minor's sex.
Whistleblower Protection
This bill prohibits discriminating against a person because the person does the following:
(1) Provides, causes to be provided, or takes steps to provide to the person's employer, the attorney general, an entity of this state or a political subdivision, or a federal governmental entity, information about an act or omission that is a violation of this Act;
(2) Testifies or prepares to testify in a proceeding concerning a violation of this Act;
(3) Assists or participates in a proceeding concerning a violation of this Act; or
(4) Unless a disclosure or report of information is specifically prohibited by law, discloses information that the person believes evinces a violation of law or rule; a violation of a standard of care or other ethical guideline for the provision of a healthcare service; or an act of gross mismanagement, gross waste of funds, or abuse of authority, or which poses a substantial and specific danger to public health or safety.
Civil Remedies
This bill creates a civil cause of action for compensatory or special damages, injunctive relief, or other relief available under law for a person for a violation by a medical professional, healthcare entity, government agent, or other individual or entity responsible for the violation. Such an action must be brought no later than two years after the day the cause of action accrued. However, if the injured person is a minor, then this bill provides that the minor may bring an action:
(1) During their minority through a parent or guardian; and
(2) In their own name upon reaching majority at any time from that date until 20 years from the date the minor attained the age of majority.
This bill provides that a person who prevails on a claim is entitled to recover monetary damages, including all psychological, emotional, and physical harm suffered; total costs of the action and reasonable attorneys' fees; and other appropriate relief.
Preemption
This bill prohibits a political subdivision from enacting or enforcing a law, ordinance, rule, order, policy, or other measure that prohibits, restricts, limits, controls, directs, or otherwise interferes with the professional conduct and judgment of a mental healthcare professional or counselor, including speech, undertaken within the course of treatment and communication with a client, patient, other person, or the public. An action may be brought by the attorney general or a mental healthcare professional or counselor for an injunction to prevent or restrain a violation and to recover reasonable costs and attorneys' fees incurred in obtaining the injunction. This bill removes sovereign and governmental immunity to suit and from liability for such violations.
Prohibition on Use of Governmental Funds
This bill prohibits funds of this state or a political subdivision from being used, directly or indirectly, for the performance of or in furtherance of gender transition procedures or to support the administration of a governmental health plan or government-offered insurance policy offering gender transition procedures.

Statutes affected:
Introduced: 63-1-169