Bill Summary – FastDemocracy

WEST VIRGINIA LEGISLATURE
REGULAR SESSION
                   Introduced House Bill 2007
 By Delegates Foster, Chiarelli, Horst, Clark, DeVault,
 Coop-Gonzalez, Brooks, Kirby, Maynor, Adkins, and Ward [Introduced January 12, 2023; Referred to the Committee on Health and Human Resources then the Judiciary]
     Intr HB                                     2023R2275
  A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section,
         designated §30-3-20; and to amend said code by adding thereto a new section, designated
         §30-14-17, all relating to prohibiting certain medical practices.
     Be it enacted by the Legislature of West Virginia:
     ARTICLE          3.       WEST          VIRGINIA          MEDICAL           PRACTICE            ACT.
     §30-3-20. Prohibited practice.
         (a) For the purposes of this section:
         "Biological sex" means the biological indication of male and female in the context of
  reproductive potential or capacity, such as sex chromosomes, naturally occurring sex hormones,
  gonads and nonambiguous internal and external genitalia present at birth, without regard to an
  individual's psychological, chosen or subjective experience or gender.
         "Gender" means the psychological, behavioral, social and cultural aspects of being male
  or female.
         "Gender transition" means the process in which a person goes from identifying with and
  living as a gender that corresponds to the person's biological sex to identifying with and living as a
 gender different from the person biological sex and may involve social, legal or physical changes.
        "Irreversible gender reassignment surgery" means a medical procedure performed for the
 purpose of assisting an individual with a gender transition, including any of the following:
        (1) Penectomy, orchiectomy, vaginoplasty, clitoroplasty, or vulvoplasty for biologically male
 patients or hysterectomy or ovariectomy for biologically female patients;
        (2) Metoidioplasty, Phalloplasty, vaginectomy, scrotoplasty implantation of erection or
 testicular prostheses for biologically female patients; and
        (3) Augmentation mammoplasty for biological male patient and subcutaneous mastectomy
 for female patients.
        (b) A physician may not provide irreversible gender reassignment surgery to a person who
 is under eighteen years of age.
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     Intr HB                                       2023R2275
           (c) A physician may provide any of the following to a person who is under 18 years of age:
           (1) Services to an individual born with a medically verifiable disorder of sex development,
 including a person with external biological sex characteristics that are irresolvably ambiguous
 such as being born with forty-six xx chromosomes with virilization or forty-six xy chromosomes
 with undervirilization or having both ovarian and testicular tissue;
           (2) Services provided when a physician has otherwise diagnosed a disorder of sexual
 development and has determined through genetic or biochemical testing that the person does not
 have normal sex chromosome structure, sex steroid hormone production or sex steroid hormone
 action;
           (3) The treatment of any infection, injury disease or disorder that has been caused by or
 exacerbated by the performance of gender transition procedures whether or not the gender
 transition procedure was performed in accordance with state and federal law; and
           (4) Any procedure undertaken because the individual suffers from a physical disorder,
 physical injury or physical illness that would, as certified by a physician, place the person in
 imminent danger, death or impairment of a major bodily function unless surgery is performed.
     ARTICLE            14.       OSTEOPATHIC                 PHYSICIANS       AND         SURGEONS.
     §30-14-17.                                        Prohibited practice.
            (a) For the purposes of this section:
            "Biological sex" means the biological indication of male and female in the context of
  reproductive potential or capacity, such as sex chromosomes, naturally occurring sex hormones,
  gonads and nonambiguous internal and external genitalia present at birth, without regard to an
  individual's psychological, chosen or subjective experience or gender.
            "Gender" means the psychological, behavioral, social and cultural aspects of being male
  or female.
            "Gender transition" means the process in which a person goes from identifying with and
  living as a gender that corresponds to the person's biological sex to identifying with and living as a
                                                          2
     Intr HB                                       2023R2275
 gender different from the person biological sex and may involve social, legal or physical changes.
           "Irreversible gender reassignment surgery" means a medical procedure performed for the
 purpose of assisting an individual with a gender transition, including any of the following:
           (1) Penectomy, orchiectomy, vaginoplasty, clitoroplasty, or vulvoplasty for biologically male
 patients or hysterectomy or ovariectomy for biologically female patients;
           (2) Metoidioplasty, Phalloplasty, vaginectomy, scrotoplasty implantation of erection or
 testicular prostheses for biologically female patients; and
           (3) Augmentation mammoplasty for biological male patient and subcutaneous mastectomy
 for female patients.
           (b) A physician may not provide irreversible gender reassignment surgery to a person who
 is under eighteen years of age.
           (c) A physician may provide any of the following to a person who is under 18 years of age:
           (1) Services to an individual born with a medically verifiable disorder of sex development,
 including a person with external biological sex characteristics that are irresolvably ambiguous
 such as being born with forty-six xx chromosomes with virilization or forty-six xy chromosomes
 with undervirilization or having both ovarian and testicular tissue;
           (2) Services provided when a physician has otherwise diagnosed a disorder of sexual
 development and has determined through genetic or biochemical testing that the person does not
 have normal sex chromosome structure, sex steroid hormone production or sex steroid hormone
 action;
           (3) The treatment of any infection, injury disease or disorder that has been caused by or
 exacerbated by the performance of gender transition procedures whether or not the gender
 transition procedure was performed in accordance with state and federal law; and
           (4) Any procedure undertaken because the individual suffers from a physical disorder,
 physical injury or physical illness that would, as certified by a physician, place the person in
 imminent danger, death or impairment of a major bodily function unless surgery is performed.
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Intr HB                                      2023R2275
      NOTE: The purpose of this bill is to prohibit certain medical practices.
      Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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Statutes affected: 
Committee Substitute: 30-3-20, 30-14-17
Enrolled Committee Substitute: 30-3-20, 30-14-17