Text of IN HB 1525 (2023)

Prohibited health care for minors.

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As introduced

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Introduced Version HOUSE BILL No. 1525 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 16-18-2; IC 16-35-12. Synopsis: Prohibited health care for minors. Prohibits specified health care professionals from: (1) performing certain medical procedures on a minor; or (2) prescribing, administering, or furnishing certain drugs to a minor; 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. Borders January 19, 2023, read first time and referred to Committee on Public Health. 2023 IN 1525—LS 7279/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. 1525 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 1525—LS 7279/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 Sec. 2. As used in this chapter, "minor" means an individual 11 who is less than eighteen (18) years of age. 12 Sec. 3. Except as provided in section 5 of this chapter, a health 13 care professional may not purposely attempt to change, reinforce, 14 or affirm a minor's perception of the minor's own sexual attraction 15 or sexual behavior, or attempt to change, reinforce, or affirm a 16 minor's gender identity when the identity is inconsistent with the 17 minor's biological sex, by performing or causing to be performed 18 any of the following procedures on the minor: 19 (1) Castration. 20 (2) Vasectomy. 21 (3) Hysterectomy. 22 (4) Oophorectomy. 23 (5) Metoidioplasty. 24 (6) Orchiectomy. 25 (7) Penectomy. 26 (8) Phalloplasty. 27 (9) Urethroplasty. 28 (10) Vaginoplasty. 29 (11) Mastectomy. 30 (12) Lobotomy. 31 (13) A surgery to remove a healthy organ or body part. 32 Sec. 4. Except as provided in section 5 of this chapter, a health 33 care professional may not purposely attempt to change, reinforce, 34 or affirm a minor's perception of the minor's own sexual attraction 35 or sexual behavior, or attempt to change, reinforce, or affirm a 36 minor's gender identity when that identity is inconsistent with the 37 minor's biological sex, by prescribing, administering, or furnishing 38 to: 39 (1) the minor a drug to stop or delay puberty; 40 (2) a female minor testosterone or estrogen suppressing 41 drugs; or 42 (3) a male minor estrogen or testosterone suppressing drugs. 2023 IN 1525—LS 7279/DI 147 3 1 Sec. 5. The prohibitions in sections 3 and 4 of this chapter do not 2 apply if either of the following apply: 3 (1) The minor has a medically verifiable genetic disorder of 4 sex development, including having: 5 (A) both ovarian and testicular tissue; or 6 (B) external biological characteristics that are ambiguous 7 resulting from having a 46,XX karyotype with virilization 8 or 46,XY karyotype with undervirilization. 9 (2) The minor has an abnormal sex chromosome structure 10 that has been diagnosed using genetic testing by a physician 11 licensed under IC 25-22.5. 2023 IN 1525—LS 7279/DI 147