Text of PA HB 138 (2023)

PRINTER'S NO. 122 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL No. 138 Session of 2023 INTRODUCED BY SCHEMEL, D'ORSIE, GLEIM, HAMM, T. JONES, KAUFFMAN, KEEFER, LEADBETER, OWLETT, ROWE, SCIALABBA, STAATS AND ZIMMERMAN, MARCH 8, 2023 REFERRED TO COMMITTEE ON JUDICIARY, MARCH 8, 2023 AN ACT Amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in limitation of time, providing for gender affirmation treatments. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Title 42 of the Pennsylvania Consolidated Statutes is amended by adding a section to read: § 5540. Gender affirmation treatments. (a) Commencement of action.--If an individual entitled to bring a civil action arising from gender affirmation treatment is an unemancipated minor at the time the cause of action accrues, the period of minority shall not be deemed a portion of the time period within which the action must be commenced. The individual shall have until attaining 30 years of age to commence an action for damages. (b) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 "Biological sex." The biological indication of male and female in the context of reproductive potential or capacity, such as sex chromosomes, naturally occurring sex hormones, gonads and nonambiguous internal and external genitalia present at birth, without regard to an individual's psychological, chosen or subjective experience of gender. "Gender." The psychological, behavioral, social and cultural aspects of being male or female. "Gender affirmation treatment." Includes a medical service that seeks to surgically or chemically 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 puberty blockade, introduction of cross-sex hormones or genital gender reassignment surgery or nongenital gender reassignment surgery performed for the purpose of assisting an individual with a gender transition. "Gender transition." The process in which an individual goes from identifying with and living as a gender that corresponds to the individual's biological sex to identifying with and living as a gender different from the individual's biological sex and which may involve social, legal or physical changes. "Genital gender reassignment surgery." A genital medical procedure performed for the purpose of assisting an individual with a gender transition, including any of the following: (1) A surgical procedure such as penectomy, orchiectomy, vaginoplasty, clitoroplasty or vulvoplasty for biologically male patients or hysterectomy or ovariectomy for biologically female patients. 20230HB0138PN0122 - 2 - 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 28 29 30 (2) Reconstruction of the fixed part of the urethra with or without a metoidioplasty. (3) Phalloplasty, vaginectomy, scrotoplasty or implantation of erection or testicular prostheses for biologically female patients. "Minor." An individual who has not yet attained 18 years of age. "Nongenital gender reassignment surgery." A nongenital medical procedure performed for the purpose of assisting an individual with a gender transition, including any of the following: (1) A surgical procedure for biologically male patients, such as augmentation mammoplasty, facial feminization surgery, liposuction, lipofilling, voice surgery, thyroid cartilage reduction, gluteal augmentation, hair reconstruction or various aesthetic procedures. (2) A surgical procedure for biologically female patients, such as subcutaneous mastectomy, voice surgery, liposuction, lipofilling, pectoral implants or various aesthetic procedures. Section 2. This act shall take effect in 60 days. 20230HB0138PN0122 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21