Text of PA SB 1249 (2024)
Prohibiting governmental action against parents, legal custodians and legal guardians of minors in the provision of certain information and services to minors; and providing for certain protection from child abuse claims.
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As introduced
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PRINTER'S NO. 1743
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1249
Session of
2024
INTRODUCED BY CAPPELLETTI, STREET, HAYWOOD, FONTANA, BREWSTER,
SCHWANK, KEARNEY, SAVAL, COLLETT AND KANE, JUNE 20, 2024
REFERRED TO JUDICIARY, JUNE 20, 2024
AN ACT
Prohibiting governmental action against parents, legal
custodians and legal guardians of minors in the provision of
certain information and services to minors; and providing for
certain protection from child abuse claims.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Protecting
Parents of Transgender Children Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Child abuse." As defined in 23 Pa.C.S. § 6303(b.1)
(relating to definitions).
"Evidence-based." The use of current best evidence in making
decisions about the care of an individual patient and
integrating individual clinical expertise with the best
available external clinical evidence from systematic research.
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"Medically accurate." One of the following:
(1) verified or supported by the weight of peer-reviewed
medical research conducted in compliance with accepted
scientific methods;
(2) recognized as correct and objective by leading
medical organizations with relevant expertise; or
(3) recommended by or affirmed in the medical practice
guidelines of a nationally recognized accrediting
organization.
"Medically appropriate." Consistent with all of the
following:
(1) applicable legal, health and professional standards;
(2) a patient's clinical and other circumstances; and
(3) a patient's reasonably known wishes and beliefs.
Section 3. Governmental prohibition.
Neither the Commonwealth nor a political subdivision may
prohibit a parent, legal custodian or legal guardian of a minor
from obtaining, aiding the minor in obtaining or allowing the
minor to obtain:
(1) information that is medically accurate and medically
appropriate for the minor; or
(2) a medical service for the minor in a manner that is
evidence-based and medically appropriate.
Section 4. Protection from child abuse claims.
It shall not constitute child abuse for a parent, legal
custodian or legal guardian of a minor to obtain, aid the minor
in obtaining or allow the minor to obtain:
(1) information that is medically accurate and medically
appropriate for the minor; or
(2) a medical service for the minor in a manner that is
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evidence-based and medically appropriate.
Section 5. Effective date.
This act shall take effect immediately.
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