MEDICAL TREATMENT FOR MINORS ACT.

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View NCGA Bill Details2023-2024 Session
Senate Bill 560 (Public) Filed Tuesday, April 4, 2023
AN ACT TO ESTABLISH GOVERNING PROVISIONS FOR THE TREATMENT OF GENDER DYSPHORIA FOR PERSONS UNDER EIGHTEEN YEARS OF AGE.
Intro. by Krawiec, Burgin, Corbin.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Apr 5 2023)

Bill History:

S 560

Bill Summaries:

  • Summary date: Apr 4 2023 - View Summary

    Contains whereas clauses. Amends GS Chapter 90 by enacting Article 1M (Minor Protection Act) to regulate the treatment of gender dysphoria for persons under 18 years old. Prohibits a physician or other health care provider from providing gender transition procedures to any persons under 18 years old unless the procedure meets all the requirements of GS 90-21.141(b). The conditions for a lawful gender transition procedure are: (1) certification from at least two physicians (one of which must be a pediatric psychiatrist not employed by the practice or institution as the other certifying physician) that the patient suffers from a condition that would benefit from a gender transition procedure; (2) both parents must sign the standardized consent form, as defined in GS 90-21.143; (3) the patient must sign the standardized consent form; (4) the patient must receive care consisting of at least monthly appointments with a pediatric psychiatrist for the six months preceding the gender transition procedure; (5) both the physician and the pediatric psychiatrist must separately document the need for ongoing therapy every six months; and (6) the patient must receive ongoing care from a pediatric psychiatrist until the patient reaches the age of majority. 

    Provides a list of procedures which are not subject to these requirements, including (1) services for people born with a sex development disorder such as external biological sex characteristics that are ambiguous; (2) services for people diagnosed with a disorder of sexual development through genetic or biochemical testing; (3) treatment for any infection, injury, disease, or disorder caused or exacerbated by gender transition procedures; (4) procedures undertaken because the patient suffers from a physical disorder, injury, or illness that would place the patient in imminent danger of death or impairment of major bodily function unless surgery is performed. 

    Prohibits the use, payment, grant, or distribution of public funds by or to any entity, organization, or individual that provides gender transition procedures to a minor in GS 90-21.142. 

    Requires the Department of Health and Human Services to develop a standardized consent form for gender transition procedures governed by the new Article 1M. Requires the minor and the minor’s parents to sign the standardized consent form at least 30 days before the first treatment and at every subsequent treatment thereafter. Contains specific text that must be included in the consent form, including a specific statement if the procedure uses puberty blockers, cross-sex hormones, or surgical procedures. 

    Establishes civil liability for the physician or health care provider if the minor is injured, including suffering any physical, psychological, emotional, or physiological injury from the gender transition procedure under GS 90-21.144. Requires that a claim for injuries from the procedure be filed within 15 years of the date the minor reaches the age of majority, or would have reached the age of majority if the minor dies before that date. Outlines defenses to liability based on compliance with the requirements of the Article. 

    Mandates that a violation of the Article will be considered unprofessional conduct and will justify revocation of licensure and other appropriate discipline by the appropriate licensing authority of the health care provider under GS 90-21.145. Permits a person to assert a violation of the Article as a claim or defense in a judicial or administrative proceeding and obtain compensatory damages and other appropriate relief. Establishes that the certification required by the Article is not a defense to a claim brought under state or federal law for medical malpractice or other civil claims. 

    Includes a severability clause in GS 90-21.146. Amends GS 90-21.5 to clarify that a minor’s consent for health services does not apply to any gender transition procedure under GS 90-21.140. Directs the North Carolina Medical Board to adopt temporary rules to implement the provisions of the act. 

    Effective October 1, 2023.