Text of CO HB 1253 (2025)

First Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 25-0634.01 Chelsea Princell x4335 HOUSE BILL 25-1253 House Committees Senate Committees Health & Human Services A BILL FOR AN ACT CONCERNING THE ESTABLISHMENT OF THE "YOUTH HEALTH 101 PROTECTION ACT". 102 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill prohibits an individual to perform or cause or assist in the performance of any medical procedure or medical treatment that furthers a minor's desire to present or appear in a manner that is inconsistent with the minor's sex. The bill prohibits an office, agency, political subdivision of this state, or organization with the authority to license or discipline members HOUSE SPONSORSHIP Bradley, Barron, Brooks, DeGraaf, Weinberg SENATE SPONSORSHIP (None), Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. of a profession from imposing a penalty or taking adverse action against an individual who provides or receives counseling, advice, or guidance consistent with conscience or religious belief. The bill allows the parent, guardian, or legal custodian of a minor to withhold consent for treatment, activity, or mental health-care service that is designed and intended to form the parent's child's conceptions of sex and gender or to treat gender dysphoria or gender nonconformity. The bill prohibits a law enforcement officer acting pursuant to an investigation, an employee, an agent of this state, or a political subdivision from encouraging a minor to withhold information from the minor's parent or from withholding information regarding a minor's physical or mental health from the minor's parent. The bill prohibits a person from being discriminated or retaliated against by a person who provides information regarding an act or omission that violates the requirements described in the bill. The bill prohibits the state from using state funds for the performance of, or in furtherance of, any medical procedure or medical treatment that furthers a minor's desire to present or appear in a manner that is inconsistent with the minor's sex. The bill allows an individual harmed or aggrieved by a violation of the requirements described in the bill to file suit and recover certain damages and civil remedies. Be it enacted by the General Assembly of the State of Colorado: 1 SECTION 1. In Colorado Revised Statutes, add 12-30-125 as 2 follows: 3 12-30-125. Youth health protection - definitions. (1) Short 4 title. THE SHORT TITLE OF THIS SECTION IS THE "YOUTH HEALTH 5 PROTECTION ACT". 6 (2) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT 7 OTHERWISE REQUIRES: 8 (a) "GOVERNMENT AGENT" MEANS AN AGENT, EMPLOYEE, 9 VOLUNTEER, OR CONTRACTOR OF A CHILD SERVICES AGENCY; CHILD 10 PLACEMENT AGENCY, AS DEFINED IN SECTION 19-1-103; COURT; OR LOCAL 11 EDUCATION AGENCY, AS DEFINED IN SECTION 24-60-3402. 12 (b) "HEALTH-CARE PROVIDER" MEANS A MEDICAL PROFESSIONAL 13 HB25-1253 -2- OR HEALTH FACILITY. 1 (c) "HEALTH FACILITY" MEANS A FACILITY LICENSED OR CERTIFIED 2 PURSUANT TO SECTION 25-1.5-103 OR ESTABLISHED PURSUANT TO PART 3 5 OF ARTICLE 21 OF TITLE 23 OR ARTICLE 29 OF TITLE 25. 4 (d) "MEDICAL PROFESSIONAL" MEANS A PERSON LICENSED TO 5 PRACTICE MEDICINE PURSUANT TO ARTICLE 240 OF THIS TITLE 12 OR TO 6 PRACTICE NURSING PURSUANT TO PART 1 OF ARTICLE 255 OF THIS TITLE 12. 7 (e) "MENTAL HEALTH-CARE PROFESSIONAL OR COUNSELOR" 8 MEANS A MEDICAL PROFESSIONAL, INCLUDING AN INTERN, TRAINEE, 9 VOLUNTEER, OR OTHER INDIVIDUAL WHO IS ENGAGED IN THE DELIVERY OF 10 MENTAL HEALTH-CARE OR COUNSELING SERVICES. 11 (f) "MINOR" MEANS AN INDIVIDUAL UNDER EIGHTEEN YEARS OF 12 AGE. 13 (g) "POLITICAL SUBDIVISION" MEANS A LOCAL GOVERNMENTAL 14 ENTITY AND INCLUDES EVERY COUNTY, CITY AND COUNTY, CITY, TOWN, 15 SCHOOL DISTRICT, SPECIAL DISTRICT, PUBLIC HIGHWAY AUTHORITY, 16 REGIONAL TRANSPORTATION AUTHORITY, AND HOUSING AUTHORITY 17 WITHIN THIS STATE OR AN INSTRUMENTALITY OF GOVERNMENT CREATED 18 BY ONE OR MORE LOCAL GOVERNMENTAL ENTITIES. 19 (h) "SEX" MEANS THE BIOLOGICAL STATE OF BEING FEMALE OR 20 MALE, BASED ON SEX ORGANS, CHROMOSOMES, AND ENDOGENOUS 21 HORMONE PROFILES. 22 (3) Prohibition on certain practices and health-care services. 23 (a) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE 24 CONTRARY, AND EXCEPT AS PROVIDED IN SUBSECTION (3)(c) OF THIS 25 SECTION, AN INDIVIDUAL SHALL NOT ENGAGE IN THE FOLLOWING 26 PRACTICES, OR CAUSE OR ASSIST IN THE PERFORMANCE OF THE FOLLOWING 27 HB25-1253 -3- PRACTICES, UPON A MINOR TO FURTHER THE MINOR'S DESIRE TO PRESENT 1 OR APPEAR IN A MANNER THAT IS INCONSISTENT WITH THE MINOR'S SEX: 2 (I) SURGERY THAT STERILIZES THE MINOR, INCLUDING 3 CASTRATION, VASECTOMY, HYSTERECTOMY, OOPHORECTOMY, 4 METOIDIOPLASTY, ORCHIECTOMY, PENECTOMY, PHALLOPLASTY, AND 5 VAGINOPLASTY; 6 (II) A MASTECTOMY; 7 (III) ADMINISTERING OR SUPPLYING THE FOLLOWING MEDICATIONS 8 THAT INDUCE TRANSIENT OR PERMANENT INFERTILITY: 9 (A) PUBERTY-BLOCKING MEDICATION TO STOP OR DELAY NORMAL 10 PUBERTY; 11 (B) SUPRAPHYSIOLOGIC DOSES OF TESTOSTERONE OR OTHER 12 ANDROGENS TO MEMBERS OF THE FEMALE SEX; OR 13 (C) SUPRAPHYSIOLOGIC DOSES OF ESTROGEN OR SYNTHETIC 14 COMPOUNDS WITH ESTROGENIC ACTIVITY TO MEMBERS OF THE MALE SEX; 15 OR 16 (IV) REMOVING AN OTHERWISE HEALTHY OR NON-DISEASED BODY 17 PART OR TISSUE. 18 (b) A MEDICAL PROFESSIONAL WHO ENGAGES IN A PRACTICE 19 IDENTIFIED IN SUBSECTION (3)(a) OF THIS SECTION, OR CAUSES OR ASSISTS 20 IN THE PRACTICE PERFORMED, COMMITS UNPROFESSIONAL CONDUCT AND 21 IS SUBJECT TO REVOCATION OF LICENSURE AND ANY OTHER APPROPRIATE 22 DISCIPLINE BY THE COLORADO MEDICAL BOARD CREATED IN SECTION 23 12-240-105. THE MEDICAL PROFESSIONAL IS SUBJECT TO A CIVIL PENALTY 24 OF UP TO ONE THOUSAND DOLLARS PER OCCURRENCE. PAYMENTS FOR 25 PENALTIES IMPOSED PURSUANT TO THIS SECTION MUST BE DEPOSITED INTO 26 THE STATE GENERAL FUND. 27 HB25-1253 -4- (c) THE REQUIREMENTS OF THIS SECTION DO NOT APPLY TO THE 1 FOLLOWING: 2 (I) THE GOOD FAITH MEDICAL DECISION OF A PARENT OR 3 GUARDIAN OF A MINOR BORN WITH A MEDICALLY VERIFIABLE GENETIC 4 DISORDER OF SEXUAL DEVELOPMENT, INCLUDING: 5 (A) A MINOR WITH EXTERNAL BIOLOGICAL SEX CHARACTERISTICS 6 THAT ARE IRRESOLVABLY AMBIGUOUS, SUCH AS A MINOR BORN HAVING 7 FORTY-SIX XX CHROMOSOMES WITH VIRILIZATION, FORTY-SIX XY 8 CHROMOSOMES WITH UNDERVIRILIZATION, OR HAVING BOTH OVARIAN AND 9 TESTICULAR TISSUE; OR 10 (B) WHEN A PHYSICIAN HAS OTHERWISE DIAGNOSED A DISORDER 11 OF SEXUAL DEVELOPMENT IN WHICH THE PHYSICIAN HAS DETERMINED 12 THROUGH GENETIC TESTING THAT THE MINOR DOES NOT HAVE THE 13 NORMAL SEX CHROMOSOME STRUCTURE FOR MALE OR FEMALE SEXES; OR 14 (II) TREATMENT OF A MINOR WHO, BEFORE THE EFFECTIVE DATE 15 OF THIS ACT, RECEIVED ONE OR MORE COURSES OF TREATMENT DESCRIBED 16 IN SUBSECTION (3)(a) OF THIS SECTION. 17 (d) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE 18 CONTRARY, A HEALTH-CARE PROVIDER MUST NOT RECEIVE STATE FUNDS 19 TO FURNISH, PROVIDE, OR PERFORM A HEALTH-CARE SERVICE THAT 20 CONSTITUTES THE PERFORMANCE OF, OR PREPARATION FOR, A GENDER 21 TRANSITION PROCEDURE TO OR ON A MINOR. 22 (4) Counseling. AN OFFICE, AGENCY, OR POLITICAL SUBDIVISION 23 OF THIS STATE, OR AN ORGANIZATION WITH AUTHORITY TO LICENSE OR 24 DISCIPLINE THE MEMBERS OF A PROFESSION, SHALL NOT IMPOSE A PENALTY 25 OR TAKE ADVERSE ACTION AGAINST AN INDIVIDUAL WHO GIVES OR 26 RECEIVES COUNSEL, ADVICE, GUIDANCE, OR OTHER SPEECH OR 27 HB25-1253 -5- COMMUNICATION, WHETHER DESCRIBED AS THERAPY OR PROVIDED FOR A 1 FEE, CONSISTENT WITH CONSCIENCE OR RELIGIOUS BELIEF. 2 (5) Protection of parental rights. (a) NOTWITHSTANDING ANY 3 OTHER PROVISION OF LAW TO THE CONTRARY, A PARENT, GUARDIAN, OR 4 LEGAL CUSTODIAN, IN EXERCISING THE FUNDAMENTAL RIGHT TO CARE FOR 5 A CHILD, MAY WITHHOLD CONSENT FOR A TREATMENT, ACTIVITY, OR 6 MENTAL HEALTH-CARE SERVICE THAT IS DESIGNED AND INTENDED TO 7 FORM THE CHILD'S CONCEPTIONS OF SEX AND GENDER OR TO TREAT 8 GENDER DYSPHORIA OR GENDER NONCONFORMITY. AN EMPLOYEE OR 9 AGENT OF THIS STATE OR A POLITICAL SUBDIVISION SHALL NOT INFRINGE 10 UPON, OR IMPEDE THE EXERCISE OF, THE RIGHT DESCRIBED IN THIS 11 SUBSECTION (5)(a). 12 (b) IF AN EMPLOYEE OR AGENT OF THIS STATE OR A POLITICAL 13 SUBDIVISION HAS KNOWLEDGE THAT A MINOR UNDER THE CARE OR 14 SUPERVISION OF THIS STATE OR A POLITICAL SUBDIVISION HAS EXHIBITED 15 SYMPTOMS OF GENDER DYSPHORIA, GENDER NONCONFORMITY, OR 16 OTHERWISE DEMONSTRATES A DESIRE TO BE TREATED IN A MANNER 17 INCONGRUENT WITH THE MINOR'S SEX, THE EMPLOYEE OR AGENT WITH 18 THAT KNOWLEDGE MUST IMMEDIATELY NOTIFY, IN WRITING, THE MINOR'S 19 PARENT, GUARDIAN, OR LEGAL CUSTODIAN. THE NOTICE MUST DESCRIBE 20 ALL RELEVANT INFORMATION KNOWN TO THE EMPLOYEE OR AGENT WITH 21 REASONABLE SPECIFICITY. 22 (6) Whistleblower protection. (a) A PERSON MUST NOT BE 23 DISCRIMINATED OR RETALIATED AGAINST FOR DOING ANY OF THE 24 FOLLOWING: 25 (I) PROVIDING, CAUSING TO BE PROVIDED, OR TAKING STEPS TO 26 PROVIDE OR CAUSE TO BE PROVIDED TO THE PERSON'S EMPLOYER, THE 27 HB25-1253 -6- ATTORNEY GENERAL, AN ENTITY OF THIS STATE OR A POLITICAL 1 SUBDIVISION, OR AN ENTITY OF THE FEDERAL GOVERNMENT INFORMATION 2 ABOUT AN ACT OR OMISSION THAT CONSTITUTES A VIOLATION OF THIS 3 SECTION; 4 (II) TESTIFYING OR PREPARING TO TESTIFY IN A PROCEEDING 5 CONCERNING A VIOLATION OF THIS SECTION; OR 6 (III) ASSISTING OR PARTICIPATING IN A PROCEEDING CONCERNING 7 A VIOLATION OF THIS SECTION. 8 (b) UNLESS A DISCLOSURE OR REPORT OF INFORMATION IS 9 SPECIFICALLY PROHIBITED BY LAW, A PERSON MUST NOT BE 10 DISCRIMINATED AGAINST IN ANY MANNER BECAUSE THE PERSON 11 DISCLOSES INFORMATION PURSUANT TO THIS SECTION THAT THE PERSON 12 BELIEVES REVEALS THE FOLLOWING: 13 (I) A VIOLATION OF LAW OR RULE; 14 (II) A VIOLATION OF A STANDARD OF CARE OR OTHER ETHICAL 15 GUIDELINE FOR THE PROVISION OF A HEALTH-CARE SERVICE; OR 16 (III) AN ACT OF GROSS MISMANAGEMENT, GROSS WASTE OF FUNDS, 17 OR ABUSE OF AUTHORITY, OR AN ACT THAT POSES A SUBSTANTIAL AND 18 SPECIFIC DANGER TO PUBLIC HEALTH OR SAFETY. 19 (7) Limitation on use of state funds. STATE FUNDS MUST NOT BE 20 USED FOR THE PERFORMANCE OF, OR IN FURTHERANCE OF, PRACTICES 21 SPECIFIED IN SUBSECTION (3) OF THIS SECTION OR TO SUPPORT THE 22 ADMINISTRATION OF A GOVERNMENTAL HEALTH PLAN OR 23 GOVERNMENT-OFFERED INSURANCE POLICY OFFERING PRACTICES 24 SPECIFIED IN SUBSECTION (3) OF THIS SECTION. 25 (8) Civil remedies. (a) A CIVIL ACTION FOR COMPENSATORY OR 26 SPECIAL DAMAGES, INJUNCTIVE RELIEF, OR OTHER RELIEF AVAILABLE 27 HB25-1253 -7- UNDER LAW MAY BE BROUGHT BY A PERSON FOR A VIOLATION OF THIS 1 PART 1 AGAINST A MEDICAL PROFESSIONAL, HEALTH-CARE ENTITY, 2 GOVERNMENT AGENT, OR OTHER INDIVIDUAL OR ENTITY RESPONSIBLE FOR 3 THE VIOLATION. 4 (b) A PARTY AGGRIEVED OR HARMED BY A VIOLATION OF THIS 5 PART 1 MUST BRING SUIT FOR A VIOLATION OF THIS PART 1 NO LATER THAN 6 TWO YEARS AFTER THE DAY THE CAUSE OF ACTION ACCRUED. A MINOR 7 INJURED BY A PRACTICE PROHIBITED PURSUANT TO THIS PART 1 MAY BRING 8 AN ACTION DURING THEIR MINORITY THROUGH A PARENT OR GUARDIAN, 9 AND MAY BRING AN ACTION IN THEIR OWN NAME UPON REACHING 10 MAJORITY AT ANY TIME FROM THAT DATE UNTIL TWENTY YEARS FROM THE 11 DATE THE MINOR ATTAINED THE AGE OF MAJORITY. 12 (c) A PERSON WHO PREVAILS ON A CLAIM BROUGHT PURSUANT TO 13 THIS SECTION IS ENTITLED, UPON THE FINDING OF A VIOLATION, TO 14 RECOVER THE FOLLOWING: 15 (I) MONETARY DAMAGES, INCLUDING ALL PSYCHOLOGICAL, 16 EMOTIONAL, AND PHYSICAL HARM SUFFERED; 17 (II) TOTAL COSTS OF THE ACTION AND REASONABLE ATTORNEY 18 FEES; AND 19 (III) OTHER APPROPRIATE RELIEF. 20 (d) STANDING TO ASSERT A CLAIM OR DEFENSE PURSUANT TO THIS 21 SECTION IS GOVERNED BY THE GENERAL LAW OF STANDING. 22 (9) Preemption. (a) A POLITICAL SUBDIVISION SHALL NOT ENACT, 23 ADOPT, MAINTAIN, OR ENFORCE A LAW, ORDINANCE, RULE, ORDER, POLICY, 24 OR OTHER MEASURE THAT PROHIBITS, RESTRICTS, LIMITS, CONTROLS, 25 DIRECTS, OR OTHERWISE INTERFERES WITH THE PROFESSIONAL CONDUCT 26 AND JUDGMENT OF A MENTAL HEALTH-CARE PROFESSIONAL OR 27 HB25-1253 -8- COUNSELOR, INCLUDING SPEECH UNDERTAKEN WITHIN THE COURSE OF 1 TREATMENT AND COMMUNICATION WITH A CLIENT, PATIENT, OTHER 2 PERSON, OR THE PUBLIC, INCLUDING THERAPY, COUNSELING, REFERRAL, 3 AND EDUCATION. 4 (b) THE ATTORNEY GENERAL OR A MENTAL HEALTH-CARE 5 PROFESSIONAL OR COUNSELOR MAY BRING AN ACTION FOR AN INJUNCTION 6 TO PREVENT OR RESTRAIN A VIOLATION OF THIS SECTION. A MENTAL 7 HEALTH-CARE PROFESSIONAL MAY RECOVER REASONABLE COSTS AND 8 ATTORNEY FEES INCURRED IN OBTAINING AN INJUNCTION PURSUANT TO 9 THIS SECTION. 10 (c) SOVEREIGN AND GOVERNMENTAL IMMUNITY TO SUIT AND FROM 11 LIABILITY ARE WAIVED AND ABOLISHED TO THE EXTENT OF THE LIABILITY 12 CREATED BY THIS SECTION. 13 SECTION 2. In Colorado Revised Statutes, 19-2.5-1502.5, 14 repeal (3)(h) as follows: 15 19-2.5-1502.5. Bill of rights for youth in a juvenile facility. 16 (3) In addition to the other rights granted pursuant to this section, a youth 17 detained or committed to the care and physical custody of a juvenile 18 facility operated by the department of human services has the following 19 rights related to medical care: 20 (h) Access to gender-affirming care. 21 SECTION 3. In Colorado Revised Statutes, 24-10-106, amend 22 (1)(j) and (1)(k); and add (1)(l) as follows: 23 24-10-106. Immunity and partial waiver. (1) A public entity is 24 immune from liability in all claims for injury that lie in tort or could lie 25 in tort regardless of whether that may be the type of action or the form of 26 relief chosen by the claimant except as provided otherwise in this section. 27 HB25-1253 -9- Sovereign immunity is waived by a public entity in an action for injuries 1 resulting from: 2 (j) An action brought pursuant to part 12 of article 20 of title 13, 3 whether the conduct alleged occurred before, on, or after January 1, 2022; 4 or 5 (k) An action brought pursuant to section 24-34-806 (4); OR 6 (l) AN ACTION BROUGHT PURSUANT TO SECTION 12-30-125. 7 SECTION 4. In Colorado Revised Statutes, 27-60-104, amend 8 (3.5) as follows: 9 27-60-104. Behavioral health crisis response system - crisis 10 service facilities - walk-in centers - mobile response units - report. 11 (3.5) Mobile crisis programs and crisis walk-in centers shall provide 12 crisis response screening services to any individual seeking such services, 13 including youth of any age and an individual with a disability, as defined 14 in the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 15 12101 et seq., as amended, regardless of primary diagnosis, co-occurring 16 conditions, or if the individual requires assistance with activities of daily 17 living, as defined in section 12-270-104. All additional or corresponding 18 behavioral health services beyond the crisis response screening must be 19 provided in accordance with all applicable state laws, including, but not 20 limited to, sections 12-245-203.5, 13-22-102, 27-65-103, and 27-65-104. 21 SECTION 5. In Colorado Revised Statutes, repeal 12-245-203.5. 22 SECTION 6. Safety clause. The general assembly finds, 23 determines, and declares that this act is necessary for the immediate 24 preservation of the public peace, health, or safety or for appropriations for 25 the support and maintenance of the departments of the state and state 26 institutions. 27 HB25-1253 -10-