Text of MD HB 1099 (2016)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *hb1099* HOUSE BILL 1099 J1 6lr2475 By: Delegate Cullison Introduced and read first time: February 11, 2016 Assigned to: Health and Government Operations A BILL ENTITLED AN ACT concerning 1 Vital Records – New Certificates of Birth – Gender Identity 2 FOR the purpose of requiring the Secretary of Health and Mental Hygiene to make a new 3 certificate of birth for an individual if the Department of Health and Mental Hygiene 4 receives a certain request and a signed statement from certain individuals that an 5 individual’s gender identity differs from the sex designated on the original certificate 6 of birth; defining a certain term; altering a certain definition; and generally relating 7 to the issuance of new certificates of birth. 8 BY repealing and reenacting, without amendments, 9 Article – Health – General 10 Section 4–201(a) 11 Annotated Code of Maryland 12 (2015 Replacement Volume) 13 BY adding to 14 Article – Health – General 15 Section 4–201(h–1) 16 Annotated Code of Maryland 17 (2015 Replacement Volume) 18 BY repealing and reenacting, with amendments, 19 Article – Health – General 20 Section 4–201(j) and 4–211(b) 21 Annotated Code of Maryland 22 (2015 Replacement Volume) 23 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24 That the Laws of Maryland read as follows: 25 Article – Health – General 26 2 HOUSE BILL 1099 4–201. 1 (a) In this subtitle the following words have the meanings indicated. 2 (H–1) “GENDER IDENTITY” MEANS THE GENDER–RELATED IDENTITY, 3 APPEARANCE, EXPRESSION, OR BEHAVIOR OF AN INDIVIDUAL, REGARDLESS OF THE 4 INDIVIDUAL’S ASSIGNED SEX AT BIRTH, WHICH MAY BE DEMONSTRATED BY: 5 (1) CONSISTENT AND UNIFORM ASSERTION OF THE INDIVIDUAL’S 6 GENDER IDENTITY; OR 7 (2) ANY OTHER EVIDENCE THAT THE GENDER IDENTITY IS 8 SINCERELY HELD AS PART OF THE INDIVIDUAL’S CORE IDENTITY. 9 (j) “Licensed health care practitioner” means: 10 (1) An individual who is: 11 (i) A physician licensed under Title 14 of the Health Occupations 12 Article; 13 (ii) A psychologist licensed under Title 18 of the Health Occupations 14 Article; 15 (iii) A registered nurse licensed and certified to practice as a nurse 16 practitioner, nurse psychotherapist, or clinical nurse specialist under Title 8 of the Health 17 Occupations Article; 18 (iv) A licensed certified social worker–clinical licensed under Title 19 19 of the Health Occupations Article; [or] 20 (V) A LICENSED CERTIFIED SOCIAL WORKER LICENSED UNDER 21 TITLE 19 OF THE HEALTH OCCUPATIONS ARTICLE; 22 (VI) A LICENSED GRADUATE SOCIAL WORKER LICENSED UNDER 23 TITLE 19 OF THE HEALTH OCCUPATIONS ARTICLE AND PRACTICING UNDER THE 24 DIRECT SUPERVISION OF A LICENSED CERTIFIED SOCIAL WORKER–CLINICAL; 25 (VII) A LICENSED CLINICAL PROFESSIONAL COUNSELOR 26 LICENSED UNDER TITLE 17 OF THE HEALTH OCCUPATIONS ARTICLE; 27 (VIII) A LICENSED GRADUATE PROFESSIONAL COUNSELOR 28 LICENSED UNDER TITLE 17 OF THE HEALTH OCCUPATIONS ARTICLE; OR 29 HOUSE BILL 1099 3 (IX) A PHYSICIAN ASSISTANT; OR 1 (2) An individual who: 2 (i) Is licensed to practice a profession listed in item (1) of this 3 subsection in another state; and 4 (ii) Meets the requirements under the Health Occupations Article to 5 qualify for a license to practice the profession in this State. 6 4–211. 7 (b) Except as provided in subsection (d) of this section, the Secretary shall make 8 a new certificate of birth for an individual if the Department receives satisfactory proof 9 that: 10 (1) The individual was born in this State; and 11 (2) Regardless of the location, one of the following has occurred: 12 (i) 1. A licensed health care practitioner who has treated or 13 evaluated the individual has determined that the individual’s sex designation should be 14 changed because the individual has undergone treatment appropriate for the purpose of 15 sex transition or has been diagnosed with an intersex condition; 16 2. The individual, or if the individual is a minor or disabled 17 person under guardianship, the individual’s parent, guardian, or legal representative, has 18 made a written request for a new certificate of birth with a sex designation that differs from 19 the sex designated on the original certificate of birth; and 20 3. The licensed health care practitioner has signed a 21 statement, under penalty of perjury, that: 22 A. The individual has undergone surgical, hormonal, or other 23 treatment appropriate for the individual, based on generally accepted medical standards; 24 or 25 B. The individual has an intersex condition and, in the 26 professional opinion of the licensed health care practitioner, based on generally accepted 27 medical standards, the individual’s sex designation should be changed accordingly; 28 (ii) A court of competent jurisdiction has issued an order indicating 29 that the sex of an individual born in this State has been changed; [or] 30 4 HOUSE BILL 1099 (III) THE INDIVIDUAL OR, IF THE INDIVIDUAL IS A MINOR OR 1 DISABLED PERSON UNDER GUARDIANSHIP, THE INDIVIDUAL’S PARENT, GUARDIAN, 2 OR LEGAL REPRESENTATIVE HAS: 3 1. MADE A WRITTEN REQUEST FOR A NEW CERTIFICATE 4 OF BIRTH WITH A SEX DESIGNATION THAT DIFFERS FROM THE SEX DESIGNATED ON 5 THE ORIGINAL CERTIFICATE OF BIRTH; AND 6 2. SIGNED A STATEMENT, UNDER PENALTY OF PERJURY, 7 THAT THE INDIVIDUAL’S GENDER IDENTITY DIFFERS FROM THE SEX DESIGNATED 8 ON THE ORIGINAL CERTIFICATE OF BIRTH; OR 9 [(iii)] (IV) Before October 1, 2015, the Secretary, as provided under 10 regulations adopted by the Department, amended an original certificate of birth on receipt 11 of a certified copy of an order of a court of competent jurisdiction indicating the sex of the 12 individual had been changed. 13 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14 October 1, 2016. 15