Text of GA SB 140 (2023)

23 LC 33 9348 S. B. 140 - 1 - Senate Bill 140 By: Senators Summers of the 13th, Watson of the 1st, Kirkpatrick of the 32nd, Kennedy of the 18th, Anderson of the 24th and others A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, 1 relating to regulation of hospitals and related institutions, so as to prohibit certain surgical 2 procedures for the treatment of gender dysphoria in minors from being performed in 3 hospitals and other licensed healthcare facilities; to provide for exceptions; to provide for 4 violations; to amend Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia 5 Annotated, relating to the Georgia Composite Medical Board, so as to prohibit certain 6 surgical procedures for the treatment of gender dysphoria in minors; to provide for 7 exceptions; to provide for violations; to provide for legislative findings; to provide for related 8 matters; to repeal conflicting laws; and for other purposes. 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 10 SECTION 1. 11 The General Assembly finds that: 12 (1) There has been a massive unexplained rise in diagnoses of gender dysphoria among 13 children over the past ten years, with most of those experiencing this phenomenon being 14 girls; 15 23 LC 33 9348 S. B. 140 - 2 - (2) Gender dysphoria is often comorbid with other mental health and developmental 16 conditions, including autism spectrum disorder; 17 (3) A significant portion of children with gender dysphoria do not persist in their gender 18 dysphoric conditions past early adulthood; 19 (4) Certain medical treatments for gender dysphoria, such as surgeries, have permanent 20 and irreversible effects on children; 21 (5) No large-scale studies have tracked people who received gender-related medical care 22 as children to determine how many remained satisfied with their treatment as they aged 23 and how many eventually regretted transitioning; on the contrary, the General Assembly 24 is aware of statistics showing a rising number of such individuals who, as adults, have 25 regretted undergoing such treatment and the permanent physical harm it caused; 26 (6) Under the principle of "do no harm," taking a wait-and-see approach to minors with 27 gender dysphoria, providing counseling, and allowing the child time to mature and 28 develop his or her own identity is preferable to causing the child permanent physical 29 damage; and 30 (7) The General Assembly has an obligation to protect children, whose brains and 31 executive functioning are still developing, from undergoing unnecessary and irreversible 32 medical treatment. 33 SECTION 2. 34 Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to 35 regulation of hospitals and related institutions, is amended by adding a new Code section to 36 read as follows: 37 "31-7-3.5. 38 (a) Except as provided in subsection (b) of this Code section, no sex reassignment 39 surgeries, or any other surgical procedures, that are performed for the purpose of altering 40 23 LC 33 9348 S. B. 140 - 3 - primary or secondary sexual characteristics shall be performed on a minor for the treatment 41 of gender dysphoria in an institution licensed pursuant to this article. 42 (b) The provisions of subsection (a) of this Code section shall not apply to treatment 43 provided pursuant to an exception contained in subsection (b) of Code Section 43-34-15. 44 (c) The department shall establish sanctions, by rule and regulation, for violations of this 45 Code section up to and including the revocation of an institution's permit issued pursuant 46 to Code Section 31-7-3." 47 SECTION 3. 48 Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the 49 Georgia Composite Medical Board, is amending by adding a new Code section to read as 50 follows: 51 "43-34-15. 52 (a) Except as otherwise provided in subsection (b) of this Code section, sex reassignment 53 surgeries, or any other surgical procedures, that are for the purpose of altering primary or 54 secondary sexual characteristics performed on a minor for the treatment of gender 55 dysphoria are prohibited in this state. 56 (b) The board shall adopt rules and regulations regarding the prohibitions contained in 57 subsection (a) of this Code section, which may contain limited exceptions for: 58 (1) Treatments for medical conditions other than gender dysphoria or for the purpose of 59 sex reassignment where such treatments are deemed medically necessary; and 60 (2) Treatments for individuals born with a medically verifiable disorder of sex 61 development, including individuals born with ambiguous genitalia or chromosomal 62 abnormalities resulting in ambiguity regarding the individual's biological sex. 63 (c) A licensed physician who violates this Code section shall be held administratively 64 accountable to the board for such violation but shall not be held civilly liable for damages 65 to any person in any civil or administrative action or criminally responsible for injury, 66 23 LC 33 9348 S. B. 140 - 4 - death, or loss to person or property on the basis that such physician did or did not comply 67 with this Code section." 68 SECTION 4. 69 All laws and parts of laws in conflict with this Act are repealed. 70

23 SB 140/AP S. B. 140 - 1 - Senate Bill 140 By: Senators Summers of the 13th, Watson of the 1st, Kirkpatrick of the 32nd, Kennedy of the 18th, Anderson of the 24th and others AS PASSED A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, 1 relating to regulation of hospitals and related institutions, so as to prohibit certain surgical 2 procedures for the treatment of gender dysphoria in minors from being performed in 3 hospitals and other licensed healthcare facilities; to provide for exceptions; to provide for 4 violations; to amend Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia 5 Annotated, relating to the Georgia Composite Medical Board, so as to prohibit certain 6 surgical procedures for the treatment of gender dysphoria in minors; to provide for 7 exceptions; to provide for violations; to provide for legislative findings; to provide for related 8 matters; to repeal conflicting laws; and for other purposes. 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 10 SECTION 1. 11 The General Assembly finds that: 12 (1) There has been a massive unexplained rise in diagnoses of gender dysphoria among 13 children over the past ten years, with most of those experiencing this phenomenon being 14 girls; 15 23 SB 140/AP S. B. 140 - 2 - (2) Gender dysphoria is often comorbid with other mental health and developmental 16 conditions, including autism spectrum disorder; 17 (3) A significant portion of children with gender dysphoria do not persist in their gender 18 dysphoric conditions past early adulthood; 19 (4) Certain medical treatments for gender dysphoria, including hormone replacement 20 therapies and surgeries, have permanent and irreversible effects on children; 21 (5) No large-scale studies have tracked people who received gender-related medical care 22 as children to determine how many remained satisfied with their treatment as they aged 23 and how many eventually regretted transitioning; on the contrary, the General Assembly 24 is aware of statistics showing a rising number of such individuals who, as adults, have 25 regretted undergoing such treatment and the permanent physical harm it caused; 26 (6) Under the principle of "do no harm," taking a wait-and-see approach to minors with 27 gender dysphoria, providing counseling, and allowing the child time to mature and 28 develop his or her own identity is preferable to causing the child permanent physical 29 damage; and 30 (7) The General Assembly has an obligation to protect children, whose brains and 31 executive functioning are still developing, from undergoing unnecessary and irreversible 32 medical treatment. 33 SECTION 2. 34 Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to 35 regulation of hospitals and related institutions, is amended by adding a new Code section to 36 read as follows: 37 "31-7-3.5. 38 (a) Except as provided in subsection (b) of this Code section, none of the following 39 irreversible procedures or therapies shall be performed on a minor for the treatment of 40 gender dysphoria in an institution licensed pursuant to this article: 41 23 SB 140/AP S. B. 140 - 3 - (1) Sex reassignment surgeries, or any other surgical procedures, that are performed for 42 the purpose of altering primary or secondary sexual characteristics; or 43 (2) Hormone replacement therapies. 44 (b) The provisions of subsection (a) of this Code section shall not apply to treatment 45 provided pursuant to an exception contained in subsection (b) of Code Section 43-34-15. 46 (c) The department shall establish sanctions, by rule and regulation, for violations of this 47 Code section up to and including the revocation of an institution's permit issued pursuant 48 to Code Section 31-7-3." 49 SECTION 3. 50 Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the 51 Georgia Composite Medical Board, is amending by adding a new Code section to read as 52 follows: 53 "43-34-15. 54 (a) Except as otherwise provided in subsection (b) of this Code section, the following 55 irreversible procedures and therapies performed on a minor for the treatment of gender 56 dysphoria are prohibited in this state: 57 (1) Sex reassignment surgeries, or any other surgical procedures, that are performed for 58 the purpose of altering primary or secondary sexual characteristics; and 59 (2) Hormone replacement therapies. 60 (b) The board shall adopt rules and regulations regarding the prohibitions contained in 61 subsection (a) of this Code section, which shall contain limited exceptions for: 62 (1) Treatments for medical conditions other than gender dysphoria or for the purpose of 63 sex reassignment where such treatments are deemed medically necessary; 64 (2) Treatments for individuals born with a medically verifiable disorder of sex 65 development, including individuals born with ambiguous genitalia or chromosomal 66 abnormalities resulting in ambiguity regarding the individual's biological sex; 67 23 SB 140/AP S. B. 140 - 4 - (3) Treatments for individuals with partial androgen insensitivity syndrome; and 68 (4) Continued treatment of minors who are, prior to July 1, 2023, being treated with 69 irreversible hormone replacement therapies. 70 (c) A licensed physician who violates this Code section shall be held administratively 71 accountable to the board for such violation." 72 SECTION 4. 73 All laws and parts of laws in conflict with this Act are repealed. 74