Text of MN HF 4694 (2020)

Gender transition medical services and gender reassignment surgery prohibited for persons under the age of 18.

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1.1 A bill for an act​ 1.2 relating to health; prohibiting the provision of gender transition medical services​ 1.3 to and performance of gender reassignment surgery for persons under the age of​ 1.4 18; amending Minnesota Statutes 2018, section 60A.0784; proposing coding for​ 1.5 new law in Minnesota Statutes, chapter 214.​ 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.7 Section 1. Minnesota Statutes 2018, section 60A.0784, is amended to read:​ 1.8 60A.0784 PROHIBITED PRACTICES.​ 1.9 It is unlawful for any person to:​ 1.10 (1) procure or cause to be procured or effected a policy in violation of section 60A.0783;​ 1.11 (2) engage in STOLI practices or otherwise wager on life;​ 1.12 (3) solicit, market, or otherwise promote the purchase of a policy for the purpose of or​ 1.13 with an emphasis on the subsequent sale of the policy in the secondary market;​ 1.14 (4) enter into a premium finance agreement with any person or agency, or any person​ 1.15 affiliated with such person or agency, pursuant to which the lender or any person affiliated​ 1.16 with the lender shall receive any proceeds, fees, or other consideration, directly or indirectly,​ 1.17 from the policy or policyowner or any other person with respect to the premium finance​ 1.18 agreement or any settlement contract or other transaction related to such policy that are in​ 1.19 addition to the amounts required to pay the principal, interest, and service charges related​ 1.20 to policy premiums pursuant to the premium finance agreement or subsequent sale of such​ 1.21 agreement; provided, further, that any payments, charges, fees, or other amounts in addition​ 1.22 to the amounts required to pay the principal, interest, and service charges related to policy​ 1​ Section 1.​ REVISOR EM/CC 20-8196​ 03/13/20 ​ State of Minnesota​ This Document can be made available​ in alternative formats upon request​ HOUSE OF REPRESENTATIVES​ H. F. No. 4694​ NINETY-FIRST SESSION​ Authored by Runbeck and Gruenhagen​ 05/17/2020​ The bill was read for the first time and referred to the Committee on Health and Human Services Policy​ 2.1 premiums paid under the premium finance agreement shall be remitted to the insured or to​ 2.2 the insured's estate if the insured is not living at the time of the determination of the​ 2.3 overpayment; or​ 2.4 (5) enter into or to offer to enter into a settlement contract prior to the issuance of a​ 2.5 policy that is the subject of the settlement contract or proposed settlement contract.;​ 2.6 (6) solicit, market, or otherwise promote the purchase of a policy that would provide​ 2.7 professional liability insurance for the actions prohibited by section 214.079; or​ 2.8 (7) enter into or offer to enter into a settlement contract for the actions of an insured in​ 2.9 violation of section 214.079.​ 2.10 EFFECTIVE DATE. This section is effective the day following final enactment and​ 2.11 applies to policies offered, issued, or renewed on or after that date.​ 2.12 Sec. 2. [214.079] PROHIBITING GENDER TRANSITION MEDICAL SERVICES​ 2.13 FOR MINORS.​ 2.14 Subdivision 1. Definitions. (a) For purposes of this section, the following terms have​ 2.15 the meanings given them.​ 2.16 (b) "Gender reassignment surgery" means any surgical procedure that seeks to alter an​ 2.17 individual's anatomy for the purpose of assisting the individual in creating physical features​ 2.18 similar to a person of the opposite sex, including but not limited to genital or non-genital​ 2.19 sex reassignment surgery.​ 2.20 (c) "Gender transition medical services" means a medical or surgical service that assists​ 2.21 an individual in transitioning physically to a sex different from the individual's birth sex,​ 2.22 including but not limited to medical services that provide: gonadotropin releasing hormone​ 2.23 analogues, or analogous drugs, or other interventions to delay or suppress pubertal​ 2.24 development in children; cross-sex hormones, or other mechanisms, to promote the​ 2.25 development of feminizing or masculinizing features in the opposite sex; or genital or​ 2.26 non-genital sex reassignment surgery performed for the purpose of assisting an individual​ 2.27 with a sex transition.​ 2.28 (d) "Genital sex reassignment surgery" means surgical procedures such as penectomy,​ 2.29 orchiectomy, vaginoplasty, clitoroplasty, or vulvoplasty on male patients; or hysterectomy,​ 2.30 ovariectomy, reconstruction of the fixed part of the urethra with or without a metoidioplasty​ 2.31 or a phalloplasty, vaginectomy, scrotoplasty, or implantation of erection or testicular​ 2.32 prostheses on female patients.​ 2​ Sec. 2.​ REVISOR EM/CC 20-8196​ 03/13/20 ​ 3.1 (e) "Health care provider" has the meaning given in section 62A.63, subdivision 2.​ 3.2 (f) "Non-genital sex reassignment surgery" means surgical procedures, including but​ 3.3 not limited to augmentation mammoplasty, facial feminization surgery, liposuction,​ 3.4 lipofilling, voice surgery, thyroid cartilage reduction, gluteal augmentation, hair​ 3.5 reconstruction, or various aesthetic procedures on male patients; or subcutaneous mastectomy,​ 3.6 voice surgery, liposuction, lipofilling, pectoral implants, or various aesthetic procedures on​ 3.7 female patients.​ 3.8 Subd. 2. Prohibition. (a) No health care provider licensed by a health-related licensing​ 3.9 board or otherwise licensed under the laws of this state or registered with the commissioner​ 3.10 of health may provide gender transition medical services to a patient younger than 18 years​ 3.11 of age. No physician licensed under chapter 147 may perform gender reassignment surgery​ 3.12 on any person under the age of 18. Gender reassignment surgery or gender transition medical​ 3.13 services provided to a patient younger than 18 years of age shall be considered unprofessional​ 3.14 conduct and the health care provider shall be subject to disciplinary action by the applicable​ 3.15 health-related licensing board.​ 3.16 (b) A health care provider who violates paragraph (a) is liable for a civil penalty of up​ 3.17 to $5,000 per violation.​ 3.18 (c) The statute of limitations for a cause of action brought related to gender reassignment​ 3.19 surgery or gender transition medical services is 20 years from the age of majority.​ 3.20 Subd. 3. Exceptions. This section does not apply to the good faith medical decision of​ 3.21 a parent or guardian of a minor under 18 years of age born with a medically verifiable​ 3.22 genetic disorder of sex development, including:​ 3.23 (1) external biological sex characteristics that are irresolvably ambiguous, such as a​ 3.24 minor born having 46 XX chromosomes with virilization, 46 XY chromosomes with​ 3.25 undervirilization, or having both ovarian and testicular tissue; or​ 3.26 (2) a disorder of sexual development diagnosed by a physician through genetic testing​ 3.27 showing that the minor does not have the normal sex chromosome structure for a male or​ 3.28 female.​ 3.29 EFFECTIVE DATE. This section is effective the day following final enactment, except​ 3.30 that this section shall not prohibit: (1) the continuation and completion of a course of gender​ 3.31 reassignment surgery that began before the effective date of the section; and (2) the​ 3.32 continuation and completion of gender transition medical services that were first provided​ 3.33 before the effective date of this section.​ 3​ Sec. 2.​ REVISOR EM/CC 20-8196​ 03/13/20 ​