Text of FL H 1421 (2023)

HB 1421 2023 CODING: Words stricken are deletions; words underlined are additions. hb1421-00 Page 1 of 6 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to gender clinical interventions; 2 creating s. 381.991, F.S.; prohibiting certain persons 3 and entities from expending funds for reimbursement 4 for specified clinical interventions; amending s. 5 382.016, F.S.; prohibiting a person's biological sex 6 from being changed on a birth certificate; providing 7 exceptions; creating s. 456.52, F.S.; providing a 8 definition for the term "gender clinical 9 interventions"; prohibiting gender clinical 10 interventions for minors; providing exceptions; 11 authorizing certain persons to refuse to participate 12 in gender clinical interventions; providing liability 13 and penalties; creating s. 647.6411, F.S.; prohibiting 14 a health insurance policy from providing coverage for 15 gender clinical interventions; amending s. 641.31, 16 F.S.; prohibiting a health maintenance contract from 17 including coverage for gender clinical interventions; 18 providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Section 381.991, Florida Statutes, is created 23 to read: 24 381.991 Public expenditures for gender clinical 25 HB 1421 2023 CODING: Words stricken are deletions; words underlined are additions. hb1421-00 Page 2 of 6 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S interventions; prohibition.—A state agency, political 26 subdivision, public postsecondary institution as defined in 27 1000.04, or person providing services to or on behalf of any 28 such agency, subdivision, or institution by contract or other 29 agreement or relationship, may not expend funds to provide or 30 reimburse for gender clinical interventions as defined in s. 31 456.52(1). 32 Section 2. Paragraph (f) of subsection (1) of section 33 382.016, Florida Statutes, is created to read: 34 382.016 Amendment of records.—The department, upon receipt 35 of the fee prescribed in s. 382.0255; documentary evidence, as 36 specified by rule, of any misstatement, error, or omission 37 occurring in any birth, death, or fetal death record; and an 38 affidavit setting forth the changes to be made, shall amend or 39 replace the original certificate as necessary. 40 (1) CERTIFICATE OF LIVE BIRTH AMENDMENT.— 41 (f) The sex recorded on a birth certificate must be the 42 person's biological sex at birth and may only be changed in the 43 case of a scrivener's error. Upon request, the department may 44 change the sex on a birth certificate of person born with 45 external biological sex characteristics that were unresolvably 46 ambiguous at the time of birth. 47 Section 3. Section 456.52, Florida Statutes, is created to 48 read: 49 456.52 Prohibition on gender clinical interventions for 50 HB 1421 2023 CODING: Words stricken are deletions; words underlined are additions. hb1421-00 Page 3 of 6 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S minors; physician requirements.— 51 (1) For the purposes of this section, "gender clinical 52 interventions" means procedures or therapies that alter internal 53 or external physical traits. 54 (a) The term includes, but is not limited to: 55 1. Sex reassignment surgeries or any other surgical 56 procedures that alter primary or secondary sexual 57 characteristics. 58 2. Puberty blocking, hormone, and hormone antagonistic 59 therapies. 60 (b) The term does not include: 61 1. Treatment provided by a physician who, in his or her 62 good faith clinical judgment, performs procedures upon, or 63 provides therapies to, a minor born with a medically verifiable 64 genetic disorder of sexual development, including the following: 65 a. External biological sex characteristics that are 66 unresolvably ambiguous. 67 b. A disorder of sexual development, in which the 68 physician has determined through genetic or biochemical testing 69 that the minor does not have normal sex chromosome structure, 70 sex steroid hormone production, or sex steroid hormone action 71 for a male or female. 72 2. Treatment of any infection, injury, disease, or 73 disorder caused or exacerbated by the performance of gender 74 clinical interventions regardless of whether such interventions 75 HB 1421 2023 CODING: Words stricken are deletions; words underlined are additions. hb1421-00 Page 4 of 6 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S were performed in accordance with state or federal law. 76 (2) Gender clinical interventions may only be provided by 77 a physician licensed under chapter 458 or chapter 459. A 78 physician may not perform or provide gender clinical 79 interventions to a minor. 80 (3) Notwithstanding ss. 458.320(5) and 459.0085(5), a 81 physician who provides gender clinical interventions for adults 82 must obtain and maintain professional liability coverage in the 83 amounts established in ss. 458.320(2)(b) and 459.0085(2)(b), as 84 applicable. 85 (4) A physician must obtain informed written consent from 86 the patient each time the physician provides gender clinical 87 interventions for an adult, sign the consent, and maintain the 88 consent in the medical record. The patient must sign the 89 informed consent acknowledging that the physician has 90 sufficiently explained its content. The physician must use an 91 informed consent form adopted in rule by the Board of Medicine 92 and the Board of Osteopathic Medicine, which must include, at a 93 minimum, information related to the current state of research 94 of: 95 (a) The long-term and short-term effects of gender 96 clinical interventions. 97 (b) The impact of gender clinical interventions on 98 physical and mental health. 99 (5) This section does require a person to participate in a 100 HB 1421 2023 CODING: Words stricken are deletions; words underlined are additions. hb1421-00 Page 5 of 6 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S gender clinical intervention or be liable for such refusal. A 101 person who is a member of or associated with the staff of a 102 hospital, or an employee of a hospital or physician in which or 103 by whom gender clinical interventions are authorized, performed, 104 or provided, and states an objection to such intervention on 105 clinical, moral, or religious grounds is not required to 106 participate in such intervention. The refusal of any such person 107 may not form the basis for any disciplinary or other 108 recriminatory action against such person. 109 (6) An action for recovery of damages based on death or 110 personal injury in which it is alleged that such death or injury 111 resulted from the negligence of a physician related to gender 112 clinical interventions for a minor is not a claim for medical 113 malpractice and chapter 766 does not apply. Notwithstanding s. 114 95.11, any such action must be commenced within 30 years after 115 the incident giving rise to the action. 116 (7) A board, or the department if there is no board, must 117 revoke a physician's license if the board, or the department if 118 there is no board, determines that the physician violated this 119 section. 120 Section 4. Section 627.6410, Florida Statutes, is created 121 to read: 122 627.6411 Coverage of certain treatment for minors.—A 123 health insurance policy may not provide coverage for gender 124 clinical interventions as defined in s. 456.52(1). 125 HB 1421 2023 CODING: Words stricken are deletions; words underlined are additions. hb1421-00 Page 6 of 6 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S Section 5. Subsection (48) is added to section 641.31, 126 Florida Statutes, to read: 127 641.31 Health maintenance contracts.— 128 (48) A health maintenance contract may not include 129 coverage for gender clinical interventions as defined in s. 130 456.52(1). 131 Section 6. This act shall take effect July 1, 2023. 132