Text of MN SF 4495 (2024)

Certain surgical procedures being performed on patients under the age of 12 with certain exceptions prohibition and health-related licensing board disciplinary action authorization

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1.1 A bill for an act​ 1.2 relating to health; prohibiting certain surgical procedures from being performed​ 1.3 on patients under age 12 with certain exceptions; authorizing disciplinary action​ 1.4 by health-related licensing boards; proposing coding for new law in Minnesota​ 1.5 Statutes, chapter 214.​ 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.7 Section 1. [214.41] PROTECTION OF YOUTH WITH VARIATIONS IN THEIR​ 1.8 PHYSICAL SEX CHARACTERISTICS.​ 1.9 Subdivision 1. Definitions. (a) For purposes of this section, the following terms have​ 1.10 the meanings given.​ 1.11 (b) "Individual born with variations in their physical sex characteristics" means an​ 1.12 individual born with physical traits, including genitals, gonads, hormone function, or​ 1.13 chromosomal patterns, that vary from clinical norms of male and female regarding the​ 1.14 development, appearance, or function of sex characteristics.​ 1.15 (c) "Prohibited surgical procedure" means clitoroplasty, clitoral reduction, or clitoral​ 1.16 recession, including corporal sparing procedures; gonadectomy; any procedure that lengthens​ 1.17 or reroutes a urethra from its native orifice; vaginoplasty; urogenital sinus mobilization;​ 1.18 vaginal exteriorization; phalloplasty; hysterectomy; oophorectomy; or introitoplasty.​ 1.19 (d) "Surgical procedure required to address an immediate risk of physical harm" means:​ 1.20 (1) a surgical procedure to remove tissue that poses a significantly heightened clinical​ 1.21 risk of malignancy relative to that of the general population;​ 1​ Section 1.​ 24-07051 as introduced​ 02/28/24 REVISOR AGW/MI​ SENATE​ STATE OF MINNESOTA​ S.F. No. 4495​ NINETY-THIRD SESSION​ (SENATE AUTHORS: MAYE QUADE)​ OFFICIAL STATUS​ D-PG​ DATE​ Introduction and first reading​ 03/04/2024​ Referred to Health and Human Services​ 2.1 (2) a surgical procedure: (i) to allow urine to exit the body; (ii) to treat urinary​ 2.2 incontinence; or (iii) to make a minimally invasive adjustment to urinary function in order​ 2.3 to decrease a risk of infection or renal complication in an individual whose current urinary​ 2.4 function puts the individual at a demonstrated clinical risk of infection or renal complication;​ 2.5 (3) a surgical procedure that is required to treat complications of a previous surgery and​ 2.6 that, if delayed, would cause increased physical health risks to the individual; or​ 2.7 (4) any other surgical procedure necessary to preserve an individual's life in the event​ 2.8 of a medical emergency.​ 2.9 Subd. 2. Certain surgical procedures prohibited. A health care professional licensed​ 2.10 by a health-related licensing board is prohibited from performing, or assisting in the​ 2.11 performance of, a prohibited surgical procedure on an individual born with variations in​ 2.12 their physical sex characteristics who is under 12 years of age, unless the surgical procedure​ 2.13 is a surgical procedure required to address an immediate risk of physical harm.​ 2.14 Subd. 3. Enforcement. A violation of subdivision 2 is grounds for disciplinary action​ 2.15 by the health-related licensing board that licensed the health care professional who violated​ 2.16 subdivision 2.​ 2.17 EFFECTIVE DATE. This section is effective the day following final enactment.​ 2​ Section 1.​ 24-07051 as introduced​ 02/28/24 REVISOR AGW/MI​