Text of IN HB 1569 (2023)

Introduced Version HOUSE BILL No. 1569 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 11-10-3. Synopsis: Restrictions on DOC provision of gender therapy. Provides that the department of correction may not authorize the payment of any money, the use of any state resources, or the payment of any federal money administered by the state to provide or facilitate the provision of hormonal therapy or sexual reassignment surgery to an offender patient. Effective: July 1, 2023. Mayfield January 19, 2023, read first time and referred to Committee on Courts and Criminal Code. 2023 IN 1569—LS 7080/DI 92 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. 1569 A BILL FOR AN ACT to amend the Indiana Code concerning corrections. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. IC 11-10-3-1 IS AMENDED TO READ AS 2 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1. As used in The 3 following definitions apply throughout this chapter: 4 (1) "Hormonal therapy" means the use of hormones to 5 stimulate the development or alteration of an individual's 6 sexual characteristics for the purpose of altering the 7 individual's physical appearance or bodily functions so that 8 the individual appears, resembles, or functions more like an 9 individual of the opposite gender or sex. 10 (2) "Offender patient" means an individual incarcerated at a 11 facility operated by the department who: 12 (A) was not receiving hormornal therapy from a medical 13 doctor before the date on which the individual committed 14 the crime for which the individual is incarcerated; or 15 (B) was not receiving hormonal therapy while incarcerated 16 before July 1, 2023. 17 (3) "Physician" means an individual holding a license to practice 2023 IN 1569—LS 7080/DI 92 2 1 medicine in Indiana, issued by the medical licensing board of 2 Indiana, or a medical officer of the United States government who 3 is in Indiana performing his official duties. 4 (4) "Psychiatrist" means a physician who is certified or board 5 qualified by the American Board of Psychiatry and Neurology, or 6 a board with equivalent standards approved by the American 7 Osteopathic Association. 8 (5) "Psychologist" means an individual holding a valid certificate 9 to practice psychology in Indiana, issued by the state psychology 10 board. 11 (6) "Qualified medical personnel" means individuals engaged in 12 the delivery of a medical or health care service who have been 13 licensed, certified, or otherwise properly qualified under the laws 14 of Indiana applicable to that particular service. 15 (7) "Sexual reassignment surgery" means one (1) or more 16 surgical procedures performed on an individual to alter the 17 individual's physical appearance or the functions of the 18 individual's sexual characteristics so that the individual 19 appears, resembles, or functions more like an individual of the 20 opposite gender or sex. 21 SECTION 2. IC 11-10-3-3.5 IS ADDED TO THE INDIANA CODE 22 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 23 1, 2023]: Sec. 3.5. The department may not authorize the payment 24 of any money, the use of any state resources, or the payment of any 25 federal money administered by the state to provide or facilitate the 26 provision of hormonal therapy or sexual reassignment surgery to 27 an offender patient. 2023 IN 1569—LS 7080/DI 92

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 ENROLLED ACT No. 1569 AN ACT to amend the Indiana Code concerning corrections. Be it enacted by the General Assembly of the State of Indiana: SECTION 1. IC 11-10-3-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1. As used in The following definitions apply throughout this chapter: (1) "Offender patient" means an individual incarcerated at a facility operated by the department. (2) "Physician" means an individual holding a license to practice medicine in Indiana, issued by the medical licensing board of Indiana, or a medical officer of the United States government who is in Indiana performing his official duties. (3) "Psychiatrist" means a physician who is certified or board qualified by the American Board of Psychiatry and Neurology, or a board with equivalent standards approved by the American Osteopathic Association. (4) "Psychologist" means an individual holding a valid certificate to practice psychology in Indiana, issued by the state psychology board. (5) "Qualified medical personnel" means individuals engaged in the delivery of a medical or health care service who have been licensed, certified, or otherwise properly qualified under the laws of Indiana applicable to that particular service. (6) "Sexual reassignment surgery" means performing any of the following surgical procedures for the purpose of HEA 1569 2 attempting to alter the appearance of, or affirm the offender patient's perception of, his or her gender or sex, if that appearance or perception is inconsistent with the offender patient's sex: (A) Surgeries that sterilize, including castration, vasectomy, hysterectomy, oophorectomy, orchiectomy, and penectomy. (B) Surgeries that artificially construct tissue with the appearance of genitalia that differs from the offender patient's sex, including metoidioplasty, phalloplasty, and vaginoplasty. (C) Removing any healthy or non-diseased body part or tissue. SECTION 2. IC 11-10-3-3.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3.5. (a) The department may not authorize the payment of any money, the use of any state resources, or the payment of any federal money administered by the state to provide or facilitate sexual reassignment surgery to an offender patient. (b) This section does not apply to offender patients approved by the department for sexual reassignment surgery prior to July 1, 2023. HEA 1569 Speaker of the House of Representatives President of the Senate President Pro Tempore Governor of the State of Indiana Date: Time: HEA 1569