Text of AK HB 342 (2026)

HB0342a -1- HB 342 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0202\I HOUSE BILL NO. 342 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FOURTH LEGISLATURE - SECOND SESSION BY REPRESENTATIVE ALLARD Introduced: 2/23/26 Referred: Health and Social Services, Judiciary A BILL FOR AN ACT ENTITLED "An Act relating to physician liability for sex-reassignment treatments or procedures 1 performed on minors; relating to standardized informed consent forms for sex- 2 reassignment treatments or procedures; relating to the duties of the State Medical 3 Board; relating to informed consent for sex-reassignment treatments or procedures 4 performed on minors; establishing the crime of criminal sex-reassignment treatment or 5 procedure; and providing for an effective date." 6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 7 * Section 1. AS 08.64.101(a) is amended to read: 8 (a) The board shall 9 (1) except as provided in regulations adopted by the board under (b) of 10 this section, examine and issue licenses to applicants; 11 (2) develop written guidelines to ensure that licensing requirements are 12 not unreasonably burdensome and the issuance of licenses is not unreasonably 13 34-LS0202\I HB 342 -2- HB0342a New Text Underlined [DELETED TEXT BRACKETED] withheld or delayed; 1 (3) after a hearing, impose disciplinary sanctions on persons who 2 violate this chapter or the regulations or orders of the board; 3 (4) adopt regulations ensuring that renewal of licenses is contingent on 4 proof of continued competency on the part of the licensee; 5 (5) under regulations adopted by the board, contract with private 6 professional organizations to establish an impaired medical professionals program to 7 identify, confront, evaluate, and treat persons licensed under this chapter who abuse 8 alcohol, other drugs, or other substances or are mentally ill or cognitively impaired; 9 (6) adopt regulations that establish guidelines for a physician or 10 physician assistant who is rendering a diagnosis, providing treatment, or prescribing, 11 dispensing, or administering a prescription drug to a person without conducting a 12 physical examination under AS 08.64.364; the guidelines must include a nationally 13 recognized model policy for standards of care of a patient who is at a different location 14 than the physician or physician assistant; 15 (7) require that a licensee who has a federal Drug Enforcement 16 Administration registration number register with the controlled substance prescription 17 database under AS 17.30.200(n); 18 (8) create a standardized informed consent form that complies 19 with AS 08.64.135 for a patient to complete before a physician performs a sex- 20 reassignment treatment or procedure. 21 * Sec. 2. AS 08.64 is amended by adding a new section to read: 22 Sec. 08.64.135. Standardized informed consent form for sex-reassignment 23 treatments or procedures. The board shall require a physician to provide a 24 standardized informed consent form to a patient at every visit for a sex-reassignment 25 treatment or procedure for a period of not less than one year. The form must state the 26 following in a font not smaller than 14 points: 27 (1) the United States Food and Drug Administration has not approved 28 the use of puberty blockers or the prescription or administration of hormones or 29 hormone antagonists for the purpose of treating gender dysphoria or gender 30 incongruence; 31 34-LS0202\I HB0342a -3- HB 342 New Text Underlined [DELETED TEXT BRACKETED] (2) governments of other countries, including the United Kingdom, 1 Sweden, and Finland, have studied the use of puberty blockers and the prescription or 2 administration of hormones or hormone antagonists and have concluded that there is 3 no reliable evidence to support the notion that the potential benefits of these treatments 4 outweigh the risks; these governments instead recommend psychotherapy as the first 5 line of treatment for minors with gender dysphoria; 6 (3) the use of puberty blockers or the prescription or administration of 7 hormones or hormone antagonists for the purpose of treating gender dysphoria or 8 gender incongruence 9 (A) increases the risk that a minor will become sterile, 10 preventing future conception of a child; 11 (B) carries the risk of physical harm, including decreased bone 12 density, heart disease, stroke, and cancer; 13 (C) has unknown effects on the brain development of minors. 14 * Sec. 3. AS 08.64.380 is amended by adding a new paragraph to read: 15 (8) "sex-reassignment treatment or procedure" means 16 (A) the prescription or administration of puberty blockers for 17 the purpose of delaying or stopping puberty in an individual to affirm an 18 individual's perception of the individual's sex if that perception is inconsistent 19 with the individual's sex; 20 (B) the prescription or administration of hormones or hormone 21 antagonists to affirm an individual's perception of the individual's sex if that 22 perception is inconsistent with the individual's sex; 23 (C) any surgical procedure used to affirm an individual's 24 perception of the individual's sex if that perception is inconsistent with the 25 individual's sex. 26 * Sec. 4. AS 09.10.055(b) is amended to read: 27 (b) This section does not apply if 28 (1) the personal injury, death, or property damage resulted from 29 (A) prolonged exposure to hazardous waste; 30 (B) an intentional act or gross negligence; 31 34-LS0202\I HB 342 -4- HB0342a New Text Underlined [DELETED TEXT BRACKETED] (C) fraud or misrepresentation; 1 (D) breach of an express warranty or guarantee; 2 (E) a defective product; in this subparagraph, "product" means 3 an object that has intrinsic value, is capable of delivery as an assembled whole 4 or as a component part, and is introduced into trade or commerce; or 5 (F) breach of trust or fiduciary duty; 6 (2) the facts that would give notice of a potential cause of action are 7 intentionally concealed; 8 (3) a shorter period of time for bringing the action is imposed under 9 another provision of law; 10 (4) the provisions of this section are waived by contract; [OR] 11 (5) the facts that would constitute accrual of a cause of action of a 12 minor are not discoverable in the exercise of reasonable care by the minor's parent or 13 guardian; or 14 (6) the action is brought under AS 09.65.175. 15 * Sec. 5. AS 09.55.549(f) is amended to read: 16 (f) The limitation on noneconomic damages in this section does not apply if 17 the damages resulted from an act or omission that constitutes reckless or intentional 18 misconduct or from an action brought under AS 09.65.175. 19 * Sec. 6. AS 09.55.556 is amended by adding a new subsection to read: 20 (c) An individual under 18 years of age may not consent to a sex-reassignment 21 treatment or procedure. In this section, "sex-reassignment treatment or procedure" 22 means 23 (1) the prescription or administration of puberty blockers for the 24 purpose of delaying or stopping puberty in an individual to affirm an individual's 25 perception of the individual's sex if that perception is inconsistent with the individual's 26 sex; 27 (2) the prescription or administration of hormones or hormone 28 antagonists to affirm an individual's perception of the individual's sex if that 29 perception is inconsistent with the individual's sex; 30 (3) any surgical procedure used to affirm an individual's perception of 31 34-LS0202\I HB0342a -5- HB 342 New Text Underlined [DELETED TEXT BRACKETED] the individual's sex if that perception is inconsistent with the individual's sex. 1 * Sec. 7. AS 09.65 is amended by adding a new section to read: 2 Sec. 09.65.175. Civil liability for sex-reassignment treatments or 3 procedures performed on minors. (a) An individual who, as a minor under 18 years 4 of age, received a sex-reassignment treatment or procedure may maintain a claim for 5 recovery of damages against the physician who performed the procedure for an injury 6 or condition suffered as a result of the procedure. An action brought under this section 7 must be commenced within 20 years after the accrual of the cause of action. 8 (b) If an individual who received a sex-reassignment treatment or procedure as 9 a minor is incompetent because of mental illness or mental disability, the individual's 10 parent or legal guardian may bring an action under this section on behalf of the 11 individual. 12 (c) The cause of action created by this section does not apply to a medical 13 treatment or procedure to treat an individual who was born with a medically verifiable 14 sexual development genetic disorder, including 15 (1) ambiguous external biological sex characteristics; 16 (2) a sexual development disorder 17 (A) caused by abnormal sex chromosome structures, sex 18 steroid production, or sex steroid hormone action for the individual's sex; and 19 (B) discovered through genetic or biochemical testing; 20 (3) an infection, injury, disease, or disorder caused or exacerbated by a 21 previous sex-reassignment treatment or procedure; or 22 (4) a physical disorder, physical injury, or physical illness that would 23 place the individual in imminent danger of death or impairment of a major bodily 24 function without the sex-reassignment treatment or procedure. 25 (d) In this section, 26 (1) "minor" means an individual under 18 years of age who is not an 27 emancipated minor; 28 (2) "physician" means a person licensed as a physician under 29 AS 08.64; 30 (3) "sex" means the classification of an individual as male or female 31 34-LS0202\I HB 342 -6- HB0342a New Text Underlined [DELETED TEXT BRACKETED] based on the individual's reproductive role, indicated by the individual's sex 1 chromosomes, naturally occurring sex hormones, and internal and external genitalia 2 present at birth; 3 (4) "sex-reassignment treatment or procedure" means 4 (A) the prescription or administration of puberty blockers for 5 the purpose of delaying or stopping puberty in an individual to affirm an 6 individual's perception of the individual's sex if that perception is inconsistent 7 with the individual's sex; 8 (B) the prescription or administration of hormones or hormone 9 antagonists to affirm an individual's perception of the individual's sex if that 10 perception is inconsistent with the individual's sex; 11 (C) any surgical procedure used to affirm an individual's 12 perception of the individual's sex if that perception is inconsistent with the 13 individual's sex. 14 * Sec. 8. AS 11.41 is amended by adding a new section to read: 15 Sec. 11.41.245. Criminal sex-reassignment treatment or procedure. (a) A 16 person commits the crime of criminal sex-reassignment treatment or procedure if the 17 person knowingly performs a sex-reassignment treatment or procedure on 18 (1) a minor; or 19 (2) an individual over 18 years of age without the voluntary, informed, 20 and written consent of the individual. 21 (b) For the purposes of this section, consent is considered voluntary, informed, 22 and written if, before an individual's initial sex-reassignment treatment or procedure, 23 the physician performing the sex-reassignment treatment or procedure, while 24 physically present in the same room as the individual, 25 (1) informs the individual of the nature and risks of the sex- 26 reassignment treatment or procedure; 27 (2) provides the individual with a standardized informed consent form 28 created by the State Medical Board under AS 08.64.101(a)(8); and 29 (3) receives the individual's written acknowledgment that the 30 individual received the information required by this subsection. 31 34-LS0202\I HB0342a -7- HB 342 New Text Underlined [DELETED TEXT BRACKETED] (c) In a prosecution under this section, it is an affirmative defense that the 1 defendant is a physician who provided a medical treatment or procedure to treat 2 (1) a minor with ambiguous external biological sex characteristics; 3 (2) a minor with a sexual development disorder discovered through 4 genetic or biochemical testing, caused by abnormal sex chromosome structures, sex 5 steroid production, or sex steroid hormone action for the sex of the minor at birth; 6 (3) an infection, injury, disease, or disorder caused or exacerbated by a 7 previous sex-reassignment treatment or procedure; or 8 (4) a physical disorder, physical injury, or physical illness that would 9 place the individual in imminent danger of death or impairment of a major bodily 10 function without the sex-reassignment treatment or procedure. 11 (d) In this section, 12 (1) "minor" means an individual under 18 years of age who is not an 13 emancipated minor; 14 (2) "physician" means a person licensed as a physician under 15 AS 08.64; 16 (3) "sex" means the classification of an individual as male or female 17 based on the individual's reproductive role, indicated by the individual's sex 18 chromosomes, naturally occurring sex hormones, and internal and external genitalia 19 present at birth; 20 (4) "sex-reassignment treatment or procedure" means 21 (A) the prescription or administration of puberty blockers for 22 the purpose of delaying or stopping puberty in an individual to affirm an 23 individual's perception of the individual's sex if that perception is inconsistent 24 with the individual's sex; 25 (B) the prescription or administration of hormones or hormone 26 antagonists to affirm an individual's perception of the individual's sex if that 27 perception is inconsistent with the individual's sex; 28 (C) any surgical procedure used to affirm an individual's 29 perception of the individual's sex if that perception is inconsistent with the 30 individual's sex. 31 34-LS0202\I HB 342 -8- HB0342a New Text Underlined [DELETED TEXT BRACKETED] (e) Criminal sex-reassignment treatment or procedure is a class C felony. 1 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 2 read: 3 APPLICABILITY. (a) AS 09.65.175, enacted by sec. 7 of this Act, applies to a sex- 4 reassignment treatment or procedure that began or was completed on or after the effective 5 date of this Act. 6 (b) AS 11.41.245, enacted by sec. 8 of this Act, applies to an offense committed on or 7 after the effective date of this Act. 8 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 9 read: 10 TRANSITION: REGULATIONS ON STANDARDS OF CARE. Notwithstanding 11 AS 09.55.556(c), enacted by sec. 6 of this Act, AS 09.65.175, enacted by sec. 7 of this Act, 12 and AS 11.41.245, enacted by sec. 8 of this Act, the State Medical Board shall adopt 13 regulations establishing standards of care under which a physician may, for a period ending 14 six months after the effective date of this Act, under regulations adopted by the State Medical 15 Board, temporarily continue to prescribe or administer a puberty blocker, hormone, or 16 hormone antagonist as part of a sex-reassignment treatment or procedure for a minor patient 17 whom the physician began treating with the puberty blocker, hormone, or hormone antagonist 18 before the effective date of this Act, for the sole purpose of reducing and discontinuing the 19 minor's use of the puberty blocker, hormone, or hormone antagonist. In adopting regulations 20 under this section, the board shall prioritize the provision of professional counseling services 21 for the patient during and after the patient's use of the prescription treatment. In this section, 22 "sex-reassignment treatment or procedure" means 23 (1) the prescription or administration of puberty blockers for the purpose of 24 delaying or stopping puberty in an individual to affirm an individual's perception of the 25 individual's sex if that perception is inconsistent with the individual's sex; 26 (2) the prescription or administration of hormones or hormone antagonists to 27 affirm an individual's perception of the individual's sex if that perception is inconsistent with 28 the individual's sex; 29 (3) any surgical procedure used to affirm an individual's perception of the 30 individual's sex if that perception is inconsistent with the individual's sex. 31 34-LS0202\I HB0342a -9- HB 342 New Text Underlined [DELETED TEXT BRACKETED] * Sec. 11. This Act takes effect immediately under AS 01.10.070(c). 1