Text of MS SB 2770 (2023)

MISSISSIPPI LEGISLATURE 2023 Regular Session To: Judiciary, Division A By: Senator(s) Tate, Hill Senate Bill 2770 AN ACT TO PROHIBIT GENDER REASSIGNMENT SURGERY FROM BEING PERFORMED UPON A MINOR; TO STATE LEGISLATIVE INTENT; TO DEFINE TERMS; TO CRIMINALIZE ANY PERSON THAT PERFORMS A GENDER REASSIGNMENT SURGERY UPON A MINOR FOR THE PURPOSE OF ASSISTING A MINOR WITH A GENDER TRANSITION; TO PROVIDE CRIMINAL PENALTIES; TO PROVIDE THAT THE PERFORMANCE OF A GENDER REASSIGNMENT SURGERY UPON A MINOR BY A MEDICAL PROFESSIONAL SHALL BE UNPROFESSIONAL CONDUCT; TO REQUIRE A MEDICAL PROFESSIONAL'S LICENSING OR CERTIFYING BOARD TO REVOKE THE LICENSURE OF THE MEDICAL PROFESSIONAL IF IT WAS DETERMINED THAT A GENDER REASSIGNMENT SURGERY WAS PERFORMED UPON A MINOR; TO PROVIDE A CIVIL PENALTY FOR ANY MEDICAL PROFESSIONAL WHO PERFORMS A GENDER REASSIGNMENT SURGERY UPON A MINOR; TO PROVIDE A GOOD-FAITH EXCEPTION FOR A MINOR BORN WITH A MEDICALLY VERIFIABLE GENETIC DISORDER OF SEXUAL DEVELOPMENT; TO PROVIDE A PRIVATE CAUSE OF ACTION FOR VIOLATIONS OF THIS ACT; TO PROVIDE THAT THE PROVISIONS OF THIS ACT ARE SEVERABLE; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. (1) The Legislature finds: (a) That the decision to pursue gender reassignment surgery to address a discordance between an individual's sex and sense of identity should not be performed on minors who are incapable of comprehending the negative implications and life-altering difficulties attending to these procedures; and (b) That minors are unable to fully appreciate the risks and life implications, including permanent sterility that result from surgical procedures. (2) Therefore, it is the intent of the Mississippi Legislature, through this act and any regulations and policies promulgated under it, to protect minors from gender reassignment surgery. SECTION 2. For the purpose of this act, the following terms shall have the meaning ascribed to them herein unless the context clearly indicates otherwise: (a) "Gender reassignment surgery" means any medical or surgical service that seeks to surgically alter or remove healthy physical or anatomical characteristics or features that are typical for the individual's biological sex in order to instill or create physiological or anatomical characteristics that resemble a sex different from the individual's biological sex, including without limitation, genital or nongenital gender reassignment surgery performed for the purpose of assisting an individual with a gender transition. "Gender reassignment surgery" may include, but is not limited to, the following procedures: (i) A mastectomy; or (ii) A surgery that sterilizes, including: 1. A castration; 2. A vasectomy; 3. A hysterectomy; 4. An oophorectomy; 5. A metoidioplasty; 6. An orchiectomy; 7. A penectomy; 8. A phalloplasty; and 9. A vaginoplasty. (b) "Gender transition" means the process in which a person goes from identifying with and living as a gender that corresponds to his or her biological sex to identifying with and living as a gender different from his or her biological sex, and may involve social, legal or physical changes. (c) "Medical professional" means any physician, surgeon, physician assistant, nurse, clinical nurse specialist, nurse practitioner, anesthetist, psychiatrist or medical assistant licensed under Mississippi law. (d) "Minor" means any child below the age of twenty-one (21). (e) "Sex" means the biological state of being female or male, based on sex organs, chromosomes and endogenous hormone profiles. SECTION 3. (1) A person is guilty of performing a gender reassignment surgery upon a minor if he purposely, knowingly or recklessly performs, attempts to perform, or causes to be performed a gender reassignment surgery upon a minor for the purpose of assisting the minor with a gender transition. (2) Upon conviction, the defendant is guilty of a felony punishable by a fine of not more than Ten Thousand Dollars ($10,000.00) or by a term of no less than five (5) years nor more than fifteen (15) years in the custody of the Mississippi Department of Corrections, or both. (3) Upon conviction, if the defendant was a medical professional at the time of the offense, the defendant shall be subject to an enhanced penalty in addition to the penalties provided in subsection (2) of this section of a fine of not more than Fifteen Thousand Dollars ($15,000.00) or by a term of not less than five (5) years nor more than ten (10) years in the custody of the Mississippi Department of Corrections, or both. SECTION 4. (1) A medical professional who performs, attempts to perform, or causes to be performed a gender reassignment surgery upon a minor for the purpose of assisting an individual with a gender transition shall be considered to have engaged in unprofessional conduct. After a hearing, the medical professional's licensing or certifying board shall revoke the licensure of the medical professional if it was determined that a gender reassignment surgery was performed, was attempted to be performed or was caused to be performed upon a minor for the purpose of assisting an individual with a gender transition. (2) The medical professional shall also be subject to a civil fine of not more than Five Thousand Dollars ($5,000.00) per occurrence. (3) The hearing and civil fine required by this section shall not be contingent on the criminal arrest of the medical professional or the initiation of criminal proceedings against the medical professional. SECTION 5. Sections 3 and 4 of this act do not apply to the good-faith medical decision of a parent or guardian of a minor born with a medically verifiable genetic disorder of sexual development or any medical procedure performed as a result of that good-faith medical decision, including: (a) A minor with external biological sex characteristics that are ambiguous and irresolvable, such as a minor born having 46 XX chromosomes with virilization, 46 XY chromosomes with undervirilization, or having both ovarian and testicular tissue; or (b) When a physician has otherwise diagnosed a disorder of sexual development, in which the physician has determined through genetic testing that the minor does not have the normal sex chromosome structure for a male or female. SECTION 6. (1) Any person harmed by a violation of this act may bring a claim to obtain injunctive relief, compensatory and punitive damages, and any other relief available under law against a government agent, state office, agency, any political subdivision of the state, any local government or any other person or entity responsible for the violation. (2) A civil action brought under this act may be commenced no later than two (2) years after the day the cause of action accrues. If any person entitled to bring any action under this chapter shall, at the time at which the cause of action accrued, be under the disability of infancy or unsoundness of mind, he may bring the action within twenty (20) years after his disability shall be removed as provided by law. The savings in favor of persons under disability of unsoundness of mind shall never extend longer than forty-one (41) years. SECTION 7. This act shall be severable as provided in Section 1-3-77. SECTION 8. This act shall take effect and be in force from and after July 1, 2023.