Text of MN SF 4243 (2026)

Gender-affirming medical care and certain counseling prohibition for minors in the state of Minnesota

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1.1 A bill for an act​ 1.2 relating to health; prohibiting gender-affirming medical care and certain counseling​ 1.3 for minors in the state of Minnesota; establishing penalties for violations; proposing​ 1.4 coding for new law in Minnesota Statutes, chapter 144.​ 1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.6 Section 1. [144.041] PROHIBITING GENDER-AFFIRMING MEDICAL CARE​ 1.7 AND CERTAIN COUNSELING.​ 1.8 Subdivision 1. Short title. This section may be cited as the "Zywiec Act."​ 1.9 Subd. 2. Definitions. (a) For purposes of this section, the following terms have the​ 1.10 meanings given.​ 1.11 (b) "Minor" means an individual under 18 years of age.​ 1.12 (c) "Gender-affirming care" means any medical or surgical intervention, including but​ 1.13 not limited to hormone therapy, puberty blockers, or gender reassignment surgery, intended​ 1.14 to affirm an individual's perceived gender identity when it differs from their biological sex​ 1.15 as determined at birth.​ 1.16 (d) "Health care provider" means any licensed physician, surgeon, nurse practitioner,​ 1.17 or other individual authorized to provide medical care under the laws of Minnesota.​ 1.18 (e) "Biological sex" means the sex assigned at birth based on chromosomes, gonads,​ 1.19 and genitalia.​ 1.20 (f) "Intersex condition" means a congenital condition in which an individual is born with​ 1.21 the reproductive or sexual anatomy that does not fit typical definitions of male or female,​ 1​ Section 1.​ 25-04741 as introduced​ 03/27/25 REVISOR SGS/EN​ SENATE​ STATE OF MINNESOTA​ S.F. No. 4243​ NINETY-FOURTH SESSION​ (SENATE AUTHORS: MATHEWS, Coleman, Housley, Lucero and Holmstrom)​ OFFICIAL STATUS​ D-PG​ DATE​ Introduction and first reading​ 03/09/2026​ Referred to Health and Human Services​ 2.1 including but not limited to ambiguous genitalia, as diagnosed by a licensed health care​ 2.2 provider.​ 2.3 Subd. 3. Prohibition of gender-affirming care and certain counseling for minors. (a)​ 2.4 No health care provider shall knowingly provide gender-affirming care to a minor within​ 2.5 the state of Minnesota.​ 2.6 (b) No public funds, including medical assistance or other Minnesota health care​ 2.7 programs, shall be used to provide gender-affirming care to a minor.​ 2.8 (c) This prohibition does not apply to:​ 2.9 (1) treatment of a minor for a diagnosed medical condition unrelated to gender identity,​ 2.10 such as precocious puberty, when such treatment is deemed medically necessary by a licensed​ 2.11 health care provider and approved by the minor's legal guardian;​ 2.12 (2) mental health counseling or therapy that does not involve medical or surgical​ 2.13 intervention, provided that such counseling does not suggest, encourage, or affirm that the​ 2.14 minor is any gender other than their biological sex as determined at birth; or​ 2.15 (3) surgical or medical interventions for a minor with an intersex condition, when such​ 2.16 interventions are deemed medically necessary by a licensed health care provider to correct​ 2.17 ambiguous genitalia or other physical anomalies directly related to the intersex condition,​ 2.18 and are approved by the minor's legal guardian, provided that the intervention is not intended​ 2.19 to affirm a gender identity differing from the minor's biological sex as determined by genetic​ 2.20 or anatomical evidence.​ 2.21 Subd. 4. Penalties. (a) Any health care provider found in violation of subdivision 3,​ 2.22 paragraph (a) or (c), clause (2), shall:​ 2.23 (1) be subject to a civil fine of not less than $500,000 per violation;​ 2.24 (2) have their professional license revoked by the Board of Medical Practice or relevant​ 2.25 licensing authority; and​ 2.26 (3) be subject to imprisonment for a term of up to ten years.​ 2.27 (b) In addition to the penalties in paragraph (a), a health care provider shall be liable for​ 2.28 civil action brought by the minor's legal guardian for damages, including emotional distress.​ 2.29 Subd. 5. Enforcement. (a) The Department of Health shall investigate alleged violations​ 2.30 of this section.​ 2.31 (b) Citizens may report suspected violations to the Department of Health, which shall​ 2.32 maintain a confidential reporting mechanism.​ 2​ Section 1.​ 25-04741 as introduced​ 03/27/25 REVISOR SGS/EN​ 3.1 Subd. 6. Severability. If any provision of this section or its application to any person​ 3.2 or circumstance is held invalid, the remainder of this section and the application of its​ 3.3 provisions to other persons or circumstances shall not be affected.​ 3.4 EFFECTIVE DATE. This section is effective July 1, 2025.​ 3​ Section 1.​ 25-04741 as introduced​ 03/27/25 REVISOR SGS/EN​