Text of IN SB 224 (2021)

Introduced Version SENATE BILL No. 224 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 16-18-2; IC 16-35-12; IC 34-30-2-70.8; IC 35-52-16-23.5. Synopsis: Prohibited services relating to care of minors. Prohibits specified health care professionals from: (1) performing 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, 2021. Kruse January 7, 2021, read first time and referred to Committee on Health and Provider Services. 2021 IN 224—LS 7175/DI 104 Introduced First Regular Session of the 122nd General Assembly (2021) 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 2020 Regular Session of the General Assembly. SENATE BILL No. 224 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, 2021]: 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, 2021]: 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, 2021]: 17 Chapter 12. Prohibited Health Care of Minors 2021 IN 224—LS 7175/DI 104 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. (a) Except as provided in section 5 of this chapter, a 13 health care professional may not purposely attempt to change, 14 reinforce, or affirm a minor's perception of the minor's own sexual 15 attraction or sexual behavior, or attempt to change, reinforce, or 16 affirm a minor's gender identity when the identity is inconsistent 17 with the minor's biological sex, by performing or causing to be 18 performed 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 (b) Any individual who has reasonable cause to know or suspect, 33 based on facts, that a minor has been subjected to a procedure 34 specified in subsection (a) shall report that knowledge or 35 reasonable cause to either: 36 (1) the department of child services as child abuse or neglect 37 under IC 31-33-5; or 38 (2) the local law enforcement agency. 39 The immunity provisions set forth in IC 31-33-6 apply to a report 40 made under this subsection. 41 Sec. 4. (a) Except as provided in section 5 of this chapter, a 42 health care professional may not purposely attempt to change, 2021 IN 224—LS 7175/DI 104 3 1 reinforce, or affirm a minor's perception of the minor's own sexual 2 attraction or sexual behavior, or attempt to change, reinforce, or 3 affirm a minor's gender identity when that identity is inconsistent 4 with the minor's biological sex, by engaging in any of the following 5 activities: 6 (1) Prescribing, administering, or furnishing to the minor a 7 drug to stop or delay puberty. 8 (2) Prescribing, administering, or furnishing to a female 9 minor testosterone or estrogen-suppressing drugs. 10 (3) Prescribing, administering, or furnishing to a male minor 11 estrogen or testosterone-suppressing drugs. 12 (4) Subjecting a minor's genitals to an electric current. 13 (5) Penetrating the minor's fingers with needles. 14 (6) Restraining and placing ice on the minor's hands. 15 (7) Wrapping the minor's hands in heat coils. 16 (8) Subjecting the minor to an ice bath. 17 (9) Injecting drugs into the minor to induce vomiting. 18 (10) Restraining the minor with ties or harnesses. 19 (11) Inflicting any physical pain or suffering. 20 (b) Any individual who has reasonable cause to know or suspect, 21 based on facts, that a minor has been subjected to an activity 22 specified in subsection (a) shall report that knowledge or 23 reasonable cause to either: 24 (1) the department of child services as child abuse or neglect 25 under IC 31-33-5; or 26 (2) the local law enforcement agency. 27 The immunity provisions set forth in IC 31-33-6 apply to a report 28 made under this subsection. 29 Sec. 5. The prohibitions in sections 3 and 4 of this chapter do not 30 apply if either of the following apply: 31 (1) The minor has a medically verifiable genetic disorder of 32 sex development, including having: 33 (A) both ovarian and testicular tissue; or 34 (B) external biological characteristics that are ambiguous 35 resulting from having a 46,XX karyotype with virilization 36 or 46,XY karyotype with undervirilization. 37 (2) The minor has an abnormal sex chromosome structure 38 that has been diagnosed using genetic testing by a physician 39 licensed under IC 25-22.5. 40 Sec. 6. (a) An individual, or the individual's parent or guardian 41 if the individual is a minor, who has been harmed by a violation of 42 this chapter has a civil cause of action against the health care 2021 IN 224—LS 7175/DI 104 4 1 professional and may bring an action in a court with jurisdiction. 2 (b) An action described in subsection (a) must be commenced 3 not later than twenty (20) years after the date on which the 4 violation is committed, or discovered, or reasonably should have 5 been discovered. 6 (c) A court may award reasonable attorney's fees, litigation 7 expenses, and costs to a person who prevails in an action under 8 subsection (a). 9 Sec. 7. (a) A health care professional who violates section 3 of 10 this chapter commits a Level 6 felony. 11 (b) A health care professional who violates section 4 of this 12 chapter commits a Class A misdemeanor. 13 (c) A health professional who violates section 3 or 4 of this 14 chapter commits a separate offense for each prohibited medical 15 procedure or activity performed. 16 (d) The prosecuting attorney of a criminal prosecution under 17 this chapter shall notify in writing the licensing board regulating 18 the health care professional of a charge under this section against 19 the health care professional. The regulating licensing board may 20 consider disciplinary action against the health care professional as 21 set forth in IC 25-1-9. 22 (e) If a health care professional is found guilty of or pleads 23 guilty to a violation of this chapter, the court shall notify in writing 24 the licensing board regulating the health care professional of the 25 judgment or plea. The regulating licensing board may consider 26 disciplinary action against the health care professional as set forth 27 in IC 25-1-9. 28 SECTION 4. IC 34-30-2-70.8 IS ADDED TO THE INDIANA 29 CODE AS A NEW SECTION TO READ AS FOLLOWS 30 [EFFECTIVE JULY 1, 2021]: Sec. 70.8. IC 16-35-12-3 and 31 IC 16-35-12-4 (Concerning reporting of child abuse or neglect of 32 a minor through prohibited surgery or activities). 33 SECTION 5. IC 35-52-16-23.5 IS ADDED TO THE INDIANA 34 CODE AS A NEW SECTION TO READ AS FOLLOWS 35 [EFFECTIVE JULY 1, 2021]: Sec. 23.5. IC 16-35-12-7 defines crimes 36 concerning prohibited health care of a minor. 2021 IN 224—LS 7175/DI 104