Text of ND HB 1254 (2023)

23.0869.01000 Sixty-eighth Legislative Assembly of North Dakota Introduced by Representatives Tveit, D. Anderson, Bellew, Prichard, Rohr, VanWinkle Senators Boehm, Clemens, Estenson, Luick, Myrdal, Vedaa A BILL for an Act to create and enact chapter 12.1-36.1 of the North Dakota Century Code, relating to the prohibition of certain practices against a minor; to provide a penalty; and to declare an emergency. BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: SECTION 1. Chapter 12.1-36.1 of the North Dakota Century Code is created and enacted as follows: 12.1 - 36.1 - 01. Definitions. As used in this chapter: 1. "Health care provider" means a licensed physician, physician assistant, nurse, or a certified medical assistant. 2. "Minor" means an individual under the age of eighteen. The term includes an emancipated individual. 3. "Sex" means the biological state of being female or male, based on the individual's nonambiguous sex organs, chromosomes, and endogenous hormone profiles at birth. 12.1 - 36.1 - 02. Perception of a minor's sex - Prohibited practices - Penalty. 1. Except as provided under section 12.1 - 36.1 - 03, if a minor's perception of the minor's sex is inconsistent with the minor's sex, a health care provider may not engage in any of the following practices for the purpose of changing or affirming the minor's perception of the minor's sex: a. Perform castration, vasectomy, hysterectomy, oophorectomy, metoidioplasty, orchiectomy, penectomy, phalloplasty, or vaginoplasty; b. Perform a mastectomy; Page No. 1 23.0869.01000 HOUSE BILL NO. 1254 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Sixty-eighth Legislative Assembly c. Prescribe, dispense, administer, or otherwise supply any drug that has the purpose of aligning the minor's sex with the minor's perception of the minor's sex when the perception is inconsistent with the minor's sex, including: (1) Puberty-blocking medication to stop normal puberty; (2) Supraphysiologic doses of testosterone to females; or (3) Supraphysiologic doses of estrogen to males; or d. Remove any otherwise healthy or nondiseased body part or tissue, except for a male circumcision. 2. A health care provider who willfully violates this section is guilty of a class B felony. 12.1 - 36.1 - 03. Exceptions. Section 12.1 - 36.1 - 02 does not apply: 1. To the good-faith medical decision of a parent or guardian of a minor born with a medically verifiable genetic disorder of sex development, including: a. A minor with external biological sex characteristics that are irresolvably ambiguous, including having forty - six, XX chromosomes with virilization, forty - six, XY chromosomes with undervirilization, or having both ovarian and testicular tissue; or b. When a physician otherwise has diagnosed a disorder of sexual development in which the physician, through genetic testing, has determined the minor does not have the normal sex chromosome structure for a male or female; or 2. If performance or administration of the medical procedure on the minor began before the effective date of this Act. 12.1 - 36.1 - 04. Statutory limitation. Notwithstanding the limitations of section 29 - 04 - 02, prosecution for a violation of section 12.1 - 36.1 - 02 must be commenced within three years of the date of the offense or within three years after the offense is reported to law enforcement, whichever is later. SECTION 2. EMERGENCY. This Act is declared to be an emergency measure. Page No. 2 23.0869.01000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

Sixty-eighth Legislative Assembly of North Dakota In Regular Session Commencing Tuesday, January 3, 2023 HOUSE BILL NO. 1254 (Representatives Tveit, D. Anderson, Bellew, Prichard, Rohr, VanWinkle) (Senators Boehm, Clemens, Estenson, Luick, Myrdal, Vedaa) AN ACT to create and enact chapter 12.1-36.1 of the North Dakota Century Code, relating to the prohibition of certain practices against a minor; to provide a penalty; and to declare an emergency. BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: SECTION 1. Chapter 12.1-36.1 of the North Dakota Century Code is created and enacted as follows: 12.1 - 36.1 - 01. Definitions. As used in this chapter: 1. "Health care provider" means a licensed physician, physician assistant, nurse, or a certified medical assistant. 2. "Minor" means an individual under the age of eighteen. The term includes an emancipated individual. 3. "Sex" means the biological state of being female or male, based on the individual's nonambiguous sex organs, chromosomes, and endogenous hormone profiles at birth. 12.1 - 36.1 - 02. Perception of a minor's sex - Prohibited practices - Penalty. 1. Except as provided under section 12.1 - 36.1 - 03, if a minor's perception of the minor's sex is inconsistent with the minor's sex, a health care provider may not engage in any of the following practices for the purpose of changing or affirming the minor's perception of the minor's sex: a. Perform castration, vasectomy, hysterectomy, oophorectomy, metoidioplasty, orchiectomy, penectomy, phalloplasty, or vaginoplasty; b. Perform a mastectomy; c. Prescribe, dispense, administer, or otherwise supply any drug that has the purpose of aligning the minor's sex with the minor's perception of the minor's sex when the perception is inconsistent with the minor's sex, including: (1) Puberty-blocking medication to stop normal puberty; (2) Supraphysiologic doses of testosterone to females; or (3) Supraphysiologic doses of estrogen to males; or d. Remove any otherwise healthy or nondiseased body part or tissue, except for a male circumcision. 2. A health care provider who willfully violates: a. Subdivisions a, b, or d of subsection 1 is guilty of a class B felony. H. B. NO. 1254 - PAGE 2 b. Subdivision c of subsection 1 is guilty of a class A misdemeanor. 12.1 - 36.1 - 03. Exceptions. Section 12.1 - 36.1 - 02 does not apply: 1. To the good-faith medical decision of a parent or guardian of a minor born with a medically verifiable genetic disorder of sex development, including: a. A minor with external biological sex characteristics that are irresolvably ambiguous, including having forty - six, XX chromosomes with virilization, forty - six, XY chromosomes with undervirilization, or having both ovarian and testicular tissue; or b. When a physician otherwise has diagnosed a disorder of sexual development in which the physician, through genetic testing, has determined the minor does not have the normal sex chromosome structure for a male or female; or 2. If performance or administration of the medical procedure on the minor began before the effective date of this Act. 12.1 - 36.1 - 04. Statutory limitation. Notwithstanding the limitations of section 29 - 04 - 02, prosecution for a violation of section 12.1 - 36.1 - 02 must be commenced within three years of the date of the offense or within three years after the offense is reported to law enforcement, whichever is later. SECTION 2. EMERGENCY. This Act is declared to be an emergency measure. H. B. NO. 1254 - PAGE 3 ____________________________ ____________________________ Speaker of the House President of the Senate ____________________________ ____________________________ Chief Clerk of the House Secretary of the Senate This certifies that the within bill originated in the House of Representatives of the Sixty-eighth Legislative Assembly of North Dakota and is known on the records of that body as House Bill No. 1254 and that two-thirds of the members-elect of the House of Representatives voted in favor of said law. Vote: Yeas 66 Nays 25 Absent 3 ____________________________ ____________________________ Speaker of the House Chief Clerk of the House This certifies that two-thirds of the members-elect of the Senate voted in favor of said law. Vote: Yeas 37 Nays 10 Absent 0 ____________________________ ____________________________ President of the Senate Secretary of the Senate Received by the Governor at ________M. on _____________________________________, 2023. Approved at ________M. on __________________________________________________, 2023. ____________________________ Governor Filed in this office this ___________day of _______________________________________, 2023, at ________ o’clock ________M. ____________________________ Secretary of State