Bill Summary for H 808 (2023-2024)

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Summary date: 

May 2 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 808 (Public) Filed Tuesday, April 18, 2023
Intro. by Blackwell, Pless, Fontenot, Torbett.

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Bill summary

House committee substitute to the 1st edition makes the following changes.  

Deletes whereas clauses.

Changes the title of new Article 1M, to Surgical Gender Transition Procedures on Minors (was, Youth Health Protection Act), of GS Chapter 90. Deletes Article 1M’s prohibition for an individual to engage in any of the following practices upon a minor, or cause them to be performed for the purpose of attempting to alter the appearance of or affirm the minor's perception of his or her gender or sex, if that is inconsistent with the minor's sex: (1) performing surgeries that sterilize, including castration, vasectomy, hysterectomy, oophorectomy, orchiectomy, or penectomy; (2) performing surgeries that artificially construct tissue with the appearance of genitalia that differs from the individual's sex, including metoidioplasty, phalloplasty, and vaginoplasty; (3) performing a mastectomy; (4) prescribing, administering, or supplying gonadotropin releasing hormone analogues or other synthetic drugs used to stop luteinizing hormone and follicle stimulating hormone secretion, synthetic antiandrogen drugs used to block the androgen receptor, or any drug to suppress or delay normal puberty; (5) prescribing, administering, or supplying testosterone, estrogen, or  progesterone to a minor in an amount greater than would normally be produced endogenously in a healthy individual of that individual's age and sex; (6) removing any otherwise healthy or nondiseased body part or tissue.  Now provides that it is unlawful for any physician or other health care provider to provide surgical gender transition procedures to any individual under 18 years of age, except as provided in Article 1M. Specifies that a physician or other health care provider may not refer any individual under 18 years of age to any health care provider for surgical gender transition procedures. Deletes old defined terms and enacts ten newly defined terms, including gender reassignment surgery, genital gender reassignment surgery, and non-genital gender reassignment surgery.  Deletes exemptions to prohibition except for exemption authorizing treatment of any infection, disease, or disorder that has been caused or exacerbated by the performance of a procedure described in the act, whether or not the procedures were performed in accordance with State or federal law and exemption authorizing procedure if death or substantial bodily injury is imminent. Now provides that a physician or other health care provider is not prohibited from providing any of the following additional procedures to a minor: (1) services to persons born with a medically verifiable disorder of sex  development, including a person with external biological sex characteristics  that are unresolvedly ambiguous, such as those born with 46 XX chromosomes with virilization, 46 XY chromosomes with under-virilization, or having both ovarian and testicular tissue; (2) services provided when a physician has otherwise diagnosed a disorder of sexual development that the physician 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) breast reduction procedures for a female patient causing a physical disorder; (4) any procedure, including defined term non-genital gender reassignment surgery, which a treating physician is medically necessary to treat a physiological condition. Specifies that Article 1M does not require any person to perform surgical gender transition procedures. Amends GS 143C-6-5.6 to only require that state funds not be used for surgical gender transition procedures for individuals under 18 years of age (was, all gender transition procedures for any person, regardless of age). 

Deletes provisions pertaining to aiding/abetting liability for medical professionals, parental consent and required disclosure, professional misconduct provisions, civil remedies, preemption, and whistleblower provisions (all of GS 90-21.142-GS 90-146). Deletes proposed amendments to GS 90-21.5 (pertaining to consent of a minor for certain medical health services) which would have deleted all provisions of the article that allow minors to consent to certain medical services, including certain mental health services as well as the provision requiring a health care provider to obtain parental consent before administering a vaccine that has been granted emergency use authorization. Section would’ve only been limited to emancipated minors.

Amends the act's titles.