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View NCGA Bill Details2021
Senate Bill 514 (Public) Filed Monday, April 5, 2021
Intro. by Hise, Daniel, Sanderson.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Apr 6 2021)

Bill History:

S 514

Bill Summaries:

  • Summary date: Apr 5 2021 - View Summary

    Includes whereas clauses. Enacts Article 1M, Youth Health Protection Act, of GS Chapter 90. Makes it unlawful for any individual to engage in any of the following practices upon a minor, or cause them 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) performing surgeries that sterilize; (2) performing a mastectomy; (3) administering or supplying any of the three specified medications that induce transient or permanent infertility; and (4) removing any otherwise healthy or nondiseased body party or tissue. Defines minor to mean anyone under 21 years of age. Defines sex to mean the biological state of begin female or male, based on sex organs, chromosomes, and endogenous hormone profiles. Deems medical professionals, as defined, who engage in any of the specified unlawful practices to have engaged in unprofessional conduct and subject to licensure revocation or other appropriate discipline by the respective licensing board. Establishes a $1,000 civil penalty per occurrence, with remittance to the Civil and Penalty Forfeiture Fund. Excludes from the scope good-faith medical decisions of parents or guardians of a minor born with a medically verifiable genetic disorder of sexual development, and specifies such examples. Makes it unlawful for an health care provider that receives State funds to furnish, provide, or perform any health care service that constitutes the performance of or preparation for gender transition procedure to a minor. 

    Bars State entities, local governments, and any organization with authority to license or discipline members of a profession from prohibiting, imposing any penalty, or taking any adverse action against any individual who gives or receives counsel, advice, guidance, or any other speech or communication, whether described as therapy or provided for a fee, consistent with conscience or religious belief. 

    Explicitly allows parents, guardians, or custodians to withhold consent for any treatment, activity, or mental health care services that are designed and intended to form their child's conceptions of sex and gender or to treat gender dysphoria or gender nonconformity, without government infringement. Prohibits government agents, and State or local employees, or any other governmental entity, other than law enforcement, from encouraging or coercing a minor to withhold information from the minor's parent, or withholding from a minor's parent information relevant to the physical or mental health of their child as specified. Provides that such conduct is grounds for employee discipline in addition to other remedies under the Article. Establishes a duty for a government agent with knowledge that a minor under its care or supervision 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 to immediately notify each of the minor's parents, guardians, or custodians in writing, with descriptions of relevant circumstances. 

    Prohibits discrimination against persons providing or causing to be provided information or an act or omission regarding Article violations to his or her employer or specified public entities, testified or prepared to testify in a proceeding under the Article, or assisted or participated in a proceeding under the Article. Prohibits discrimination against persons who make disclosures under the Article believed to be a violation of law, rule, or regulation; any violation of any standard of care or other ethical guidelines for the provision of health care service; or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. 

    Establishes a civil action for compensatory or special damages, injunctive relief, or other legal remedies for any person for any violation of the Article against the clinic, health care system, medical professional, or other responsible person. Provides a two-year statute of limitations, except allows for minors injured by practices prohibited by the Article to bring an action during their minority through a parent, and bring an action 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. Allows for the award of monetary damages, total costs of the action and reasonable attorneys' fees, and any other appropriate relief. 

    Preempts political subdivisions of the State from enacting, adopting, maintaining, or enforcing any order, ordinance, rule, regulation, policy, or similar measure that prohibits, restricts, limits, controls, or directs, or otherwise interferes with the professional conduct and judgement of a mental health care professional or counselor undertaken within the course of treatment and communication with clients, patients, other persons, or the public. Provides for enforcement by the Attorney General or a mental health care professional or counsel through an action for injunctive relief. Allows a mental health care professional to recover reasonable attorneys' fees and reasonable costs incurred in obtaining an injunction. Waives sovereign immunity to suit and immunity from liability under this statute. 

    Enacts GS 143C-6-5.6 to prohibit the use of State Funds for the performance of or in furtherance of gender transition procedures or to support the administration of any governmental health plan or government-offered insurance policy offering gender transition procedures. 

    Includes a severability clause. 

    Effective October 1, 2021.