Text of NH HB 377 (2025)

HB 377-FN - AS INTRODUCED 2025 SESSION 25-0436 11/05 HOUSE BILL 377-FN AN ACT relative to health care professionals administering hormone treatments and puberty blockers. SPONSORS: Rep. Mazur, Hills. 44; Rep. Kofalt, Hills. 32; Rep. Layon, Rock. 13; Rep. Reinfurt, Hills. 29; Rep. Seidel, Hills. 29; Rep. Litchfield, Rock. 32; Rep. J. Aron, Sull. 4; Rep. DeVito, Rock. 8; Rep. Peternel, Carr. 6; Sen. Murphy, Dist 16 COMMITTEE: Health, Human Services and Elderly Affairs ----------------------------------------------------------------- ANALYSIS This bill prohibits the performance of a medical procedure or the prescription or issuance of medication, upon or to a minor child, that is intended to alter the minor child's gender or delay puberty. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Explanation: Matter added to current law appears in bold italics. Matter removed from current law appears [in brackets and struckthrough.] Matter which is either (a) all new or (b) repealed and reenacted appears in regular type. 25-0436 11/05 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty Five AN ACT relative to health care professionals administering hormone treatments and puberty blockers. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Short Title. This act shall be known as the Vulnerable Child Compassion and Protection Act. 2 New Chapter; Prohibiting Medical Procedures and Treatments Intended to Alter a Minor's Gender or Puberty. Amend RSA by inserting after chapter 332-M the following new chapter: CHAPTER 332-N PROHIBITING MEDICAL PROCEDURES AND TREATMENTS INTENDED TO ALTER A MINOR'S GENDER OR PUBERTY 332-N:1 Definitions. As used in this chapter: I. "Minor" means a person under 18 years of age. II. "Person" includes any of the following: (a) Any individual. (b) Any agent, employee, official, or contractor of any legal entity. (c) Any agent, employee, official, or contractor of a school district or the state or any of its political subdivisions or agencies. III. "Sex" means the biological state of being male or female, based on the individual's sex organs, chromosomes, and endogenous hormone profiles. 332-N:2 Prohibitions for Health Care Providers. I. Except as provided in paragraph II, no person shall engage in, counsel, make a referral for, or cause any of the following practices to be performed upon a minor if the practice is performed for the purpose of altering or attempting to alter the appearance of or affirm the minor's perception of his or her gender or sex, if that perception is inconsistent with the minor's biological sex as defined in this chapter: (a) Prescribing, dispensing, administering, or otherwise supplying puberty blocking medication to stop or delay normal puberty. (b) Prescribing, dispensing, administering, or otherwise supplying supraphysiologic doses of testosterone or other androgens to females. (c) Prescribing, dispensing, administering, or otherwise supplying supraphysiologic doses of estrogen to males. II. Paragraph I of this section shall not apply to a procedure undertaken to treat a minor born with a medically verifiable disorder of sex development as defined in RSA 332-M:2, II. III. A violation of this section is a class B felony. 2 Effective Date. This act shall take effect January 1, 2026. LBA 25-0436 12/11/24 HB 377-FN- FISCAL NOTE AS INTRODUCED AN ACT relative to health care professionals administering hormone treatments and puberty blockers, and school personnel attempting to influence a minor's perception of his or her gender or sex. FISCAL IMPACT: Estimated State Impact FY 2025 FY 026 FY 2027 FY 2028 Revenue $0 $0 $0 $0 Revenue Fund None Expenditures* Indeterminable Funding Source General Fund Appropriations* $0 $0 $0 $0 Funding Source None *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill Estimated Political Subdivision Impact FY 2025 FY 2026 FY 2027 FY 2028 County Revenue $0 $0 $0 $0 County Expenditures Indeterminable Local Revenue $0 $0 $0 $0 Local Expenditures Indeterminable METHODOLOGY: This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf AGENCIES CONTACTED: Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association

HB 377-FN - AS AMENDED BY THE SENATE 27Mar2025... 1083h 06/05/2025 2354s 06/05/2025 2514s 06/05/2025 2621s 2025 SESSION 25-0436 11/05 HOUSE BILL 377-FN AN ACT relative to health care professionals administering hormone treatments and puberty blockers and relative to recognizing the second Thursday in October as children's environmental health day. SPONSORS: Rep. Mazur, Hills. 44; Rep. Kofalt, Hills. 32; Rep. Layon, Rock. 13; Rep. Reinfurt, Hills. 29; Rep. Seidel, Hills. 29; Rep. Litchfield, Rock. 32; Rep. J. Aron, Sull. 4; Rep. DeVito, Rock. 8; Rep. Peternel, Carr. 6; Sen. Murphy, Dist 16 COMMITTEE: Health, Human Services and Elderly Affairs ----------------------------------------------------------------- AMENDED ANALYSIS This bill: I. Prohibits the performance of a medical procedure or the prescription or issuance of medication, upon or to a minor child, that is intended to alter the minor child's gender. II. Establishes the second Thursday in October as children's environmental health day. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Explanation: Matter added to current law appears in bold italics. Matter removed from current law appears [in brackets and struckthrough.] Matter which is either (a) all new or (b) repealed and reenacted appears in regular type. 27Mar2025... 1083h 06/05/2025 2354s 06/05/2025 2514s 06/05/2025 2621s 25-0436 11/05 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty Five AN ACT relative to health care professionals administering hormone treatments and puberty blockers and relative to recognizing the second Thursday in October as children's environmental health day. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Short Title. This act shall be known as the Vulnerable Child Compassion and Protection Act. 2 New Chapter; Prohibiting Medical Procedures and Treatments Intended to Alter a Minor's Gender. Amend RSA by inserting after chapter 332-M the following new chapter: CHAPTER 332-N PROHIBITING MEDICAL PROCEDURES AND TREATMENTS INTENDED TO ALTER A MINOR'S GENDER 332-N:1 Definitions. As used in this chapter: I. "Biological sex" shall mean the male and female biological sexes. II. "Minor" means a person under 18 years of age. III. "Person" includes any of the following: (a) Any individual. (b) Any agent, employee, official, or contractor of any legal entity. (c) Any agent, employee, official, or contractor of a school district or the state or any of its political subdivisions or agencies. 332-N:2 Prohibitions for Health Care Providers. I. Except as provided in paragraphs II and III, a person shall not knowingly perform or offer to perform on a minor, or administer or offer to administer to a minor, a medical procedure, including but not limited to a puberty-blocking or cross-sex hormone medication, if the performance or administration of the procedure or medication is for the purpose of altering or attempting to alter the appearance of or affirm the minor's perception of his or her gender or sex, if that perception is inconsistent with the minor's biological sex as defined in this chapter: (a) Enabling a minor to identify with, or live as, a purported identity inconsistent with the minor's biological sex; or (b) Treating purported discomfort or distress from a discordance between the minor's biological sex and asserted identity. II. Paragraph I shall not apply to a procedure undertaken to treat a minor born with a medically verifiable disorder of sex development as defined in RSA 332-M:2, II. III. Paragraph I shall not apply to health care providers who, prior to January 1, 2026, performed a procedure or prescribed a medication or treatment consistent with paragraph I, and whose further direction or administration of medication or treatment to the minor after January 1, 2026 is related to the original procedure, prescription, or treatment. IV. A person who is found to have violated this section by the board of medicine shall be subject to administrative disciplinary action under RSA 310 and shall not be subject to criminal liability. 332-N:3 Private Right of Action. I. A minor aggrieved by a violation of this chapter may bring an action in the superior court for damages and injunctive relief against any person who has committed a violation of this chapter. II. An individual under 18 years of age may bring an action during their minority through a parent or next friend, or may bring an action in their own name upon reaching majority. A person shall bring a claim for a violation of this chapter no later than 2 years after the minor aggrieved by violation of this chapter reaches the age of majority. III. Notwithstanding any other provision of law, an action under this chapter may be commenced, and relief may be granted, in a judicial proceeding without regard to whether the person commencing the action has sought or exhausted available administrative remedies. IV. Notwithstanding RSA 507-E or any other provision of law, the plaintiff may recover damages for all injuries, including but not limited to any costs incurred for any subsequent procedures, therapies, prescriptions, or other treatments related to the unlawful medical procedure or treatment. V. In any action or proceeding to enforce a provision of this chapter, a prevailing party who establishes a violation of this chapter shall recover reasonable attorneys’ fees. VI.(a) The attorney general shall have authority to bring suit to enforce compliance with this chapter. (b) This chapter shall not be construed to deny, impair, or otherwise affect any right or authority of the attorney general, the State of New Hampshire, or any agency, officer, or employee of the state, acting under any law other than this chapter, to institute or intervene in any proceeding. 3 New Section; Children's Environmental Health Day. Amend RSA 4:13 by inserting after section 4:13-dd the following new section: 4:13-ee Children's Environmental Health Day. The governor shall annually issue a proclamation declaring the second Thursday of October as children's environmental health day and shall encourage all cities and towns to properly observe the day in an appropriate manner to raise awareness and educate citizens about the importance of clean air, clean water, safe food, and safe consumer products. 4 Effective Date. I. Sections 1 and 2 of this act shall take effect January 1, 2026. II. The remainder of this act shall take effect 60 days after its passage. LBA 25-0436 4/1/25 HB 377-FN- FISCAL NOTE AS AMENDED BY THE HOUSE (AMENDMENT #2025-1083h) AN ACT relative to health care professionals administering hormone treatments and puberty blockers. FISCAL IMPACT: Estimated State Impact FY 2025 FY 026 FY 2027 FY 2028 Revenue $0 $0 $0 $0 Revenue Fund None Expenditures* Indeterminable Funding Source General Fund Appropriations* $0 $0 $0 $0 Funding Source None *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill Estimated Political Subdivision Impact FY 2025 FY 2026 FY 2027 FY 2028 County Revenue $0 $0 $0 $0 County Expenditures Indeterminable Local Revenue $0 $0 $0 $0 Local Expenditures Indeterminable METHODOLOGY: This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf AGENCIES CONTACTED: Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association