Text of IN HB 1118 (2023)

Introduced Version HOUSE BILL No. 1118 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 16-18-2; IC 16-35-12; IC 34-30-2.1-218.5; IC 35-52-16-23.7. Synopsis: Prohibited services relating to care of minors. Prohibits specified health care professionals from: (1) performing, or causing to be performed, certain medical procedures on a minor; or (2) subjecting a minor to certain activities that purposely attempt to change, reinforce, or affirm a minor's perception of the minor's own sexual attraction or sexual behavior, or attempt to change, reinforce, or affirm a minor's gender identity when the identity is inconsistent with the minor's biological sex. Effective: July 1, 2023. Sweet January 10, 2023, read first time and referred to Committee on Public Health. 2023 IN 1118—LS 7160/DI 147 Introduced First Regular Session of the 123rd General Assembly (2023) PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type. Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution. Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2022 Regular Session of the General Assembly. HOUSE BILL No. 1118 A BILL FOR AN ACT to amend the Indiana Code concerning health. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. IC 16-18-2-162, AS AMENDED BY P.L.212-2005, 2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 3 JULY 1, 2023]: Sec. 162. (a) "Health care professional", for purposes 4 of IC 16-27-1 and IC 16-27-4, has the meaning set forth in 5 IC 16-27-1-1. 6 (b) "Health care professional", for purposes of IC 16-27-2, has the 7 meaning set forth in IC 16-27-2-1. 8 (c) "Health care professional", for purposes of IC 16-35-12, has 9 the meaning set forth in IC 16-35-12-1. 10 SECTION 2. IC 16-18-2-235 IS AMENDED TO READ AS 11 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 235. "Minor", for 12 purposes of IC 16-35-12 and IC 16-36, means an individual who is 13 less than eighteen (18) years of age. 14 SECTION 3. IC 16-35-12 IS ADDED TO THE INDIANA CODE 15 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE 16 JULY 1, 2023]: 17 Chapter 12. Prohibited Health Care of Minors 2023 IN 1118—LS 7160/DI 147 2 1 Sec. 1. As used in this chapter, "health care professional" refers 2 to the following: 3 (1) A physician licensed under IC 25-22.5. 4 (2) A nurse, including an advanced practice registered nurse, 5 licensed under IC 25-23. 6 (3) Any of the behavioral health or human services 7 professionals licensed under IC 25-23.6. 8 (4) A physician assistant licensed under IC 25-27.5. 9 (5) A psychologist licensed under IC 25-33. 10 (6) A school counselor licensed by the department of 11 education. 12 Sec. 2. As used in this chapter, "minor" means an individual 13 who is less than eighteen (18) years of age. 14 Sec. 3. (a) Except as provided in section 5 of this chapter, a 15 health care professional may not purposely attempt to change, 16 reinforce, or affirm a minor's perception of the minor's own sexual 17 attraction or sexual behavior, or attempt to change, reinforce, or 18 affirm a minor's gender identity when the identity is inconsistent 19 with the minor's biological sex, by performing or causing to be 20 performed any of the following procedures on the minor: 21 (1) Castration. 22 (2) Vasectomy. 23 (3) Hysterectomy. 24 (4) Oophorectomy. 25 (5) Metoidioplasty. 26 (6) Orchiectomy. 27 (7) Penectomy. 28 (8) Phalloplasty. 29 (9) Urethroplasty. 30 (10) Vaginoplasty. 31 (11) Mastectomy. 32 (12) Lobotomy. 33 (13) A surgery to remove a healthy organ or body part. 34 (b) Any individual who has reasonable cause to know or suspect, 35 based on facts, that a minor has been subjected to a procedure 36 specified in subsection (a) shall report that knowledge or 37 reasonable cause to either: 38 (1) the department of child services as child abuse or neglect 39 under IC 31-33-5; or 40 (2) the local law enforcement agency. 41 The immunity provisions set forth in IC 31-33-6 apply to a report 42 made under this subsection. 2023 IN 1118—LS 7160/DI 147 3 1 Sec. 4. (a) Except as provided in section 5 of this chapter, a 2 health care professional may not purposely attempt to change, 3 reinforce, or affirm a minor's perception of the minor's own sexual 4 attraction or sexual behavior, or attempt to change, reinforce, or 5 affirm a minor's gender identity when that identity is inconsistent 6 with the minor's biological sex, by engaging in any of the following 7 activities: 8 (1) Prescribing, administering, or furnishing to the minor a 9 drug to stop or delay puberty. 10 (2) Prescribing, administering, or furnishing to a female 11 minor testosterone or estrogen-suppressing drugs. 12 (3) Prescribing, administering, or furnishing to a male minor 13 estrogen or testosterone-suppressing drugs. 14 (4) Subjecting a minor's genitals to an electric current. 15 (5) Penetrating the minor's fingers with needles. 16 (6) Restraining and placing ice on the minor's hands. 17 (7) Wrapping the minor's hands in heat coils. 18 (8) Subjecting the minor to an ice bath. 19 (9) Injecting drugs into the minor to induce vomiting. 20 (10) Restraining the minor with ties or harnesses. 21 (11) Inflicting any physical pain or suffering. 22 (b) Any individual who has reasonable cause to know or suspect, 23 based on facts, that a minor has been subjected to an activity 24 specified in subsection (a) shall report that knowledge or 25 reasonable cause to either: 26 (1) the department of child services as child abuse or neglect 27 under IC 31-33-5; or 28 (2) the local law enforcement agency. 29 The immunity provisions set forth in IC 31-33-6 apply to a report 30 made under this subsection. 31 Sec. 5. The prohibitions in sections 3 and 4 of this chapter do not 32 apply if either of the following apply: 33 (1) The minor has a medically verifiable genetic disorder of 34 sex development, including having: 35 (A) both ovarian and testicular tissue; or 36 (B) external biological characteristics that are ambiguous 37 resulting from having a 46,XX karyotype with virilization 38 or 46,XY karyotype with undervirilization. 39 (2) The minor has an abnormal sex chromosome structure 40 that has been diagnosed using genetic testing by a physician 41 licensed under IC 25-22.5. 42 Sec. 6. (a) An individual, or the individual's parent or guardian 2023 IN 1118—LS 7160/DI 147 4 1 if the individual is a minor, who has been harmed by a violation of 2 this chapter has a civil cause of action against the health care 3 professional and may bring an action in a court with jurisdiction. 4 (b) An action described in subsection (a) must be commenced 5 not later than twenty (20) years after the date on which the 6 violation is committed, or discovered, or reasonably should have 7 been discovered. 8 (c) A court may award reasonable attorney's fees, litigation 9 expenses, and costs to a person who prevails in an action under 10 subsection (a). 11 Sec. 7. (a) A health care professional who violates section 3 of 12 this chapter commits a Level 5 felony. 13 (b) A health care professional who violates section 4 of this 14 chapter commits a Class A misdemeanor. 15 (c) A health care professional who violates section 3 or 4 of this 16 chapter commits a separate offense for each prohibited medical 17 procedure or activity performed. 18 (d) The prosecuting attorney of a criminal prosecution under 19 this chapter shall notify in writing the licensing board or authority 20 regulating the health care professional of a charge under this 21 section against the health care professional. The regulating 22 licensing board or authority may consider disciplinary action 23 against the health care professional as set forth in IC 25-1-9, or in 24 the case of a school counselor, the department of education may 25 consider disciplinary action that conforms to the sanctions set forth 26 in IC 25-1-9. 27 (e) If a health care professional is found guilty of or pleads 28 guilty to a violation of this chapter, the court shall notify in writing 29 the licensing board or authority regulating the health care 30 professional of the judgment or plea. The regulating licensing 31 board or authority may consider disciplinary action against the 32 health care professional as set forth in IC 25-1-9, or in the case of 33 a school counselor, the department of education may consider 34 disciplinary action that conforms to the sanctions set forth in 35 IC 25-1-9. 36 SECTION 4. IC 34-30-2.1-218.5 IS ADDED TO THE INDIANA 37 CODE AS A NEW SECTION TO READ AS FOLLOWS 38 [EFFECTIVE JULY 1, 2023]: Sec. 218.5. IC 16-35-12-3 and 39 IC 16-35-12-4 (Concerning reporting of child abuse or neglect of 40 a minor through prohibited surgery or activities). 41 SECTION 5. IC 35-52-16-23.7 IS ADDED TO THE INDIANA 42 CODE AS A NEW SECTION TO READ AS FOLLOWS 2023 IN 1118—LS 7160/DI 147 5 1 [EFFECTIVE JULY 1, 2023]: Sec. 23.7. IC 16-35-12-7 defines crimes 2 concerning prohibited health care for a minor. 2023 IN 1118—LS 7160/DI 147