Text of IN HB 1589 (2023)

Introduced Version HOUSE BILL No. 1589 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 34-18. Synopsis: Malpractice regarding gender therapeutics. Allows a claimant to bring a medical malpractice claim regarding gender transition treatment within 15 years after the individual becomes 21 years of age. Effective: July 1, 2023. McGuire January 19, 2023, read first time and referred to Committee on Public Health. 2023 IN 1589—LS 7226/DI 149 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. 1589 A BILL FOR AN ACT to amend the Indiana Code concerning civil procedure. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. IC 34-18-2-12.7 IS ADDED TO THE INDIANA 2 CODE AS A NEW SECTION TO READ AS FOLLOWS 3 [EFFECTIVE JULY 1, 2023]: Sec. 12.7. "Gender transition" means 4 the process of changing an individual's bodily appearance or sex 5 characteristics to a different gender from the gender of the 6 individual at birth by: 7 (1) surgery; or 8 (2) prescribing, administering, or dispensing a hormone or 9 drug. 10 SECTION 2. IC 34-18-7-1 IS AMENDED TO READ AS 11 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1. (a) This section 12 applies to all persons regardless of minority or other legal disability, 13 except as provided in subsection (c). 14 (b) Except as provided in subsection (d), a claim, whether in 15 contract or tort, may not be brought against a health care provider 16 based upon professional services or health care that was provided or 17 that should have been provided unless the claim is filed within two (2) 2023 IN 1589—LS 7226/DI 149 2 1 years after the date of the alleged act, omission, or neglect, except that 2 a minor less than six (6) years of age has until the minor's eighth 3 birthday to file. 4 (c) Except as provided in subsection (d), if a patient meets the 5 criteria stated in IC 34-18-8-6(c), the applicable limitations period is 6 equal to the period that would otherwise apply to the patient under 7 subsection (b) (or IC 27-12-7-1(b) before its repeal) plus one hundred 8 eighty (180) days. 9 (d) A claim, whether in contract or tort, may not be brought 10 against a health care provider based upon professional services or 11 health care that was provided or that should have been provided 12 regarding gender transition (as defined by IC 34-18-2-12.7) unless 13 the claim is filed within fifteen (15) years after the claimant 14 becomes twenty-one (21) years of age. 2023 IN 1589—LS 7226/DI 149