Text of WY SF 144 (2023)

2023 STATE OF WYOMING 23LSO-0661 1 SF0144 SENATE FILE NO. SF0144 Chloe's law-children gender change prohibition. Sponsored by: Senator(s) Bouchard, French, Hutchings, Ide, Laursen, D and McKeown and Representative(s) Heiner, Hornok and Winter A BILL for 1 AN ACT relating to public health and safety; prohibiting 2 physicians from performing procedures for children related 3 to gender transitioning and gender reassignment; providing 4 an exception; providing that gender transitioning and 5 reassignment procedures are grounds for suspension or 6 revocation of a physician's license; prohibiting insurance 7 coverage for children for gender transitioning and 8 reassignment procedures; providing definitions; specifying 9 applicability; requiring rulemaking; and providing for 10 effective dates. 11 12 Be It Enacted by the Legislature of the State of Wyoming: 13 14 Section 1. W.S. 26-20-901 and 35-4-1001 are created 15 to read: 2023 STATE OF WYOMING 23LSO-0661 2 SF0144 1 2 ARTICLE 9 3 COVERAGE FOR GENDER-RELATED PROCEDURES 4 5 26-20-901. Health insurance; coverage of gender 6 transition and reassignment procedures prohibited. 7 8 No individual or group health insurance policy providing 9 coverage on an expense incurred basis, individual or group 10 service or indemnity type contract issued by any insurer 11 including any nonprofit corporation or individual or group 12 service contract issued by a health maintenance 13 organization or delivered on or after July 1, 2023 shall 14 include coverage for any gender transitioning or gender 15 reassignment procedure provided to or performed upon a 16 child that is prohibited by W.S. 35-4-1001. 17 18 ARTICLE 10 19 GENDER-RELATED PROCEDURES 20 21 35-4-1001. Gender transitioning and reassignment 22 procedures for children prohibited. 23 2023 STATE OF WYOMING 23LSO-0661 3 SF0144 1 (a) As used in this section: 2 3 (i) "Child" means a person who is younger than 4 eighteen (18) years of age; 5 6 (ii) "Health care provider" means a person other 7 than a physician who is licensed, certified or otherwise 8 authorized by Wyoming law to provide or render health care 9 or to dispense or prescribe a prescription drug in the 10 ordinary course of business or practice of a profession; 11 12 (iii) "Physician" means any person licensed to 13 practice medicine in this state by the state board of 14 medicine under the Medical Practice Act. 15 16 (b) For purposes of transitioning a child's 17 biological sex as determined by the sex organs and except 18 as provided by subsection (c) of this section, chromosomes 19 and endogenous profiles of the child or affirming the 20 child's perception of the child's sex if that perception is 21 inconsistent with the child's biological sex, no physician 22 or health care provider shall: 23 2023 STATE OF WYOMING 23LSO-0661 4 SF0144 1 (i) Perform a surgery that sterilizes the child, 2 including castration, vasectomy, hysterectomy, 3 oophorectomy, metoidioplasty, orchiectomy, penectomy, 4 phalloplasty and vaginoplasty; 5 6 (ii) Perform a mastectomy; 7 8 (iii) Provide, administer, prescribe or dispense 9 any of the following prescription drugs that induce 10 transient or permanent infertility: 11 12 (A) Puberty suppression or blocking 13 prescription drugs to stop or delay normal puberty; 14 15 (B) Supraphysiologic doses of testosterone 16 to females; 17 18 (C) Supraphysiologic doses of estrogen to 19 males. 20 21 (iv) Remove any otherwise healthy or 22 non-diseased body part or tissue. 23 2023 STATE OF WYOMING 23LSO-0661 5 SF0144 1 (c) Subsection (b) of this section shall not apply to 2 procedures or treatments that are performed with the 3 consent of the child's parent or guardian and are for a 4 child who is born with a medically verifiable genetic 5 disorder of sex development, including 46, XX chromosomes 6 with virilization, 46, XY with undervirilization or both 7 ovarian and testicular tissue. 8 9 Section 2. W.S. 33-24-122(a)(intro), (ix) and by 10 creating a new paragraph (xi) and 33-26-402(a) by creating 11 a new paragraph (xxxvi) are amended to read: 12 13 33-24-122. Revocation or suspension of license and 14 registration; letter of admonition; summary suspension; 15 administrative penalties; probation; grounds. 16 17 (a) The license and registration of any pharmacist 18 may be revoked or suspended by the board of pharmacy or the 19 board may issue a letter of admonition, refuse to issue or 20 renew any license or require successful completion of a 21 rehabilitation program or issue a summary suspension for 22 any one (1) or more of the following causes: 23 2023 STATE OF WYOMING 23LSO-0661 6 SF0144 1 (ix) For senility or mental impairment which 2 impedes the pharmacist's professional abilities or for 3 habitual personal use of morphine, cocaine or other habit 4 forming drugs or alcohol; or 5 6 (xi) For violating W.S. 35-4-1001. 7 8 33-26-402. Grounds for suspension; revocation; 9 restriction; imposition of conditions; refusal to renew or 10 other disciplinary action. 11 12 (a) The board may refuse to renew, and may revoke, 13 suspend or restrict a license or take other disciplinary 14 action, including the imposition of conditions or 15 restrictions upon a license on one (1) or more of the 16 following grounds: 17 18 (xxxvi) Violating W.S. 35-4-1001. 19 20 Section 3. 21 2023 STATE OF WYOMING 23LSO-0661 7 SF0144 1 (a) This act shall apply to all insurance policies 2 delivered or issued for delivery in this state on and after 3 July 1, 2023. 4 5 (b) W.S. 35-4-1001, as created by section 1 of this 6 act, shall apply only to conduct or procedures occurring on 7 and after the effective date of this act. 8 9 Section 4. The insurance commissioner, department of 10 health, state board of medicine and state board of pharmacy 11 shall promulgate all rules necessary to implement this act. 12 13 Section 5. 14 15 (a) Except as provided in subsection (b) of this 16 section, this act is effective July 1, 2023. 17 18 (b) Sections 4 and 5 of this act are effective 19 immediately upon completion of all acts necessary for a 20 bill to become law as provided by Article 4, Section 8 of 21 the Wyoming Constitution. 22 23 (END)