Text of WY SF 99 (2024)

2024 STATE OF WYOMING 24LSO-0042 1 SF0099 SENATE FILE NO. SF0099 Chloe's law-children gender change prohibition. Sponsored by: Senator(s) Bouchard, Biteman, Boner, Brennan, Dockstader, French, Hicks, Hutchings, Ide, Kinskey, Kolb, Laursen, D, McKeown, Salazar and Steinmetz and Representative(s) Andrew, Davis, Heiner, Hornok, Jennings, Knapp, Locke, Neiman, Niemiec, Ottman, Pendergraft, Penn, Rodriguez-Williams, Slagle, Strock, Styvar, Trujillo 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 or health care provider's 7 license; providing definitions; specifying applicability; 8 requiring rulemaking; and providing for effective dates. 9 10 Be It Enacted by the Legislature of the State of Wyoming: 11 12 Section 1. W.S. 35-4-1001 is created to read: 2024 STATE OF WYOMING 24LSO-0042 2 SF0099 1 2 3 ARTICLE 10 4 GENDER-RELATED PROCEDURES 5 6 35-4-1001. Gender transitioning and reassignment 7 procedures for children prohibited. 8 9 (a) As used in this section: 10 11 (i) "Child" means a person who is younger than 12 eighteen (18) years of age; 13 14 (ii) "Health care provider" means a person other 15 than a physician who is licensed, certified or otherwise 16 authorized by Wyoming law to provide or render health care 17 or to dispense or prescribe a prescription drug in the 18 ordinary course of business or practice of a profession; 19 20 (iii) "Physician" means any person licensed to 21 practice medicine in this state by the state board of 22 medicine under the Medical Practice Act. 23 2024 STATE OF WYOMING 24LSO-0042 3 SF0099 1 (b) Except as provided in subsection (c) of this 2 section and for purposes of transitioning a child's 3 biological sex as determined by the sex organs, chromosomes 4 and endogenous profiles of the child or affirming the 5 child's perception of the child's sex if that perception is 6 inconsistent with the child's biological sex, no physician 7 or health care provider shall: 8 9 (i) Perform a surgery that sterilizes the child, 10 including castration, vasectomy, hysterectomy, 11 oophorectomy, metoidioplasty, orchiectomy, penectomy, 12 phalloplasty and vaginoplasty; 13 14 (ii) Perform a mastectomy; 15 16 (iii) Provide, administer, prescribe or dispense 17 any of the following prescription drugs that induce 18 transient or permanent infertility: 19 20 (A) Puberty suppression or blocking 21 prescription drugs to stop or delay normal puberty; 22 2024 STATE OF WYOMING 24LSO-0042 4 SF0099 1 (B) Supraphysiologic doses of testosterone 2 to females; 3 4 (C) Supraphysiologic doses of estrogen to 5 males. 6 7 (iv) Remove any otherwise healthy or nondiseased 8 body part or tissue. 9 10 (c) This section shall not apply to: 11 12 (i) Procedures or treatments that are performed 13 with the consent of the child's parent or guardian and are 14 for a child who is born with a medically verifiable genetic 15 disorder of sex development, including 46, XX chromosomes 16 with virilization, 46, XY with undervirilization or both 17 ovarian and testicular tissue; 18 19 (ii) Any procedure or treatment that is 20 performed with the consent of the child's parent or 21 guardian and is for a child with medically verifiable 22 central precocious puberty. 23 2024 STATE OF WYOMING 24LSO-0042 5 SF0099 1 Section 2. W.S. 33-21-146(a)(xi), (xii) and by 2 creating a new paragraph (xiii), 33-24-122(a)(intro), (ix) 3 and by creating a new paragraph (xi) and 33-26-402(a) by 4 creating a new paragraph (xxxvi) are amended to read: 5 6 33-21-146. Disciplining licensees and certificate 7 holders; grounds. 8 9 (a) The board of nursing may refuse to issue or 10 renew, or may suspend or revoke the license, certificate or 11 temporary permit of any person, or to otherwise discipline 12 a licensee or certificate holder, upon proof that the 13 person: 14 15 (xi) Has failed to submit to a mental, physical 16 or medical competency examination following a proper 17 request by the board made pursuant to board rules and 18 regulations and the Wyoming Administrative Procedure Act; 19 or 20 21 (xii) Has violated a previously entered board 22 order;. or 23 2024 STATE OF WYOMING 24LSO-0042 6 SF0099 1 (xiii) Has violated W.S. 35-4-1001. 2 3 33-24-122. Revocation or suspension of license and 4 registration; letter of admonition; summary suspension; 5 administrative penalties; probation; grounds. 6 7 (a) The license and registration of any pharmacist 8 may be revoked or suspended by the board of pharmacy or the 9 board may issue a letter of admonition, refuse to issue or 10 renew any license or require successful completion of a 11 rehabilitation program or issue a summary suspension for 12 any one (1) or more of the following causes: 13 14 (ix) For senility or mental impairment which 15 impedes the pharmacist's professional abilities or for 16 habitual personal use of morphine, cocaine or other habit 17 forming drugs or alcohol; or 18 19 (xi) For violating W.S. 35-4-1001. 20 21 33-26-402. Grounds for suspension; revocation; 22 restriction; imposition of conditions; refusal to renew or 23 other disciplinary action. 2024 STATE OF WYOMING 24LSO-0042 7 SF0099 1 2 (a) The board may refuse to renew, and may revoke, 3 suspend or restrict a license or take other disciplinary 4 action, including the imposition of conditions or 5 restrictions upon a license on one (1) or more of the 6 following grounds: 7 8 (xxxvi) Violating W.S. 35-4-1001. 9 10 Section 3. W.S. 35-4-1001, as created by section 1 of 11 this act, shall apply only to conduct or procedures 12 occurring on and after the effective date of this act. 13 14 Section 4. The department of health, state board of 15 medicine and state board of pharmacy shall promulgate all 16 rules necessary to implement this act. 17 2024 STATE OF WYOMING 24LSO-0042 8 SF0099 1 Section 5. 2 3 (a) Except as provided in subsection (b) of this 4 section, this act is effective July 1, 2024. 5 6 (b) Sections 4 and 5 of this act are effective 7 immediately upon completion of all acts necessary for a 8 bill to become law as provided by Article 4, Section 8 of 9 the Wyoming Constitution. 10 11 (END)

ORIGINAL SENATE ENGROSSED FILE NO. SF0099 ENROLLED ACT NO. 52, SENATE SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING 2024 BUDGET SESSION 1 AN ACT relating to public health and safety; prohibiting physicians from performing procedures for children related to gender transitioning and gender reassignment; providing an exception; providing that gender transitioning and reassignment procedures are grounds for suspension or revocation of a physician's or health care provider's license; providing definitions; specifying applicability; requiring rulemaking; and providing for effective dates. Be It Enacted by the Legislature of the State of Wyoming: Section 1. W.S. 35-4-1001 is created to read: ARTICLE 10 GENDER-RELATED PROCEDURES 35-4-1001. Gender transitioning and reassignment procedures for children prohibited. (a) As used in this section: (i) "Child" means a person who is younger than eighteen (18) years of age; (ii) "Health care provider" means a person other than a physician who is licensed, certified or otherwise authorized by Wyoming law to provide or render health care or to dispense or prescribe a prescription drug in the ordinary course of business or practice of a profession; (iii) "Physician" means any person licensed to practice medicine in this state by the state board of medicine under the Medical Practice Act. ORIGINAL SENATE ENGROSSED FILE NO. SF0099 ENROLLED ACT NO. 52, SENATE SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING 2024 BUDGET SESSION 2 (b) Except as provided in subsection (c) of this section and for purposes of transitioning a child's biological sex as determined by the sex organs, chromosomes and endogenous profiles of the child or affirming the child's perception of the child's sex if that perception is inconsistent with the child's biological sex, no physician or health care provider shall: (i) Perform a surgery that sterilizes the child, including castration, vasectomy, hysterectomy, oophorectomy, metoidioplasty, orchiectomy, penectomy, phalloplasty and vaginoplasty; (ii) Perform a mastectomy; (iii) Provide, administer, prescribe or dispense any of the following prescription drugs that induce transient or permanent infertility: (A) Puberty suppression or blocking prescription drugs to stop or delay normal puberty; (B) Supraphysiologic doses of testosterone to females; (C) Supraphysiologic doses of estrogen to males. (iv) Remove any otherwise healthy or nondiseased body part or tissue. (c) This section shall not apply to: (i) Procedures or treatments that are performed with the consent of the child's parent or guardian and are ORIGINAL SENATE ENGROSSED FILE NO. SF0099 ENROLLED ACT NO. 52, SENATE SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING 2024 BUDGET SESSION 3 for a child who is born with a medically verifiable genetic disorder of sex development, including 46, XX chromosomes with virilization, 46, XY with undervirilization or both ovarian and testicular tissue; (ii) Any procedure or treatment that is performed with the consent of the child's parent or guardian and is for a child with medically verifiable central precocious puberty. (d) Nothing in this section shall be construed to prohibit a minor from receiving mental health treatment, provided that such treatment shall not include any treatments prohibited by subsection (b)(iii) of this section. Section 2. W.S. 33-21-146(a)(xi), (xii) and by creating a new paragraph (xiii), 33-24-122(a)(intro), (ix) and by creating a new paragraph (xi) and 33-26-402(a) by creating a new paragraph (xxxvi) are amended to read: 33-21-146. Disciplining licensees and certificate holders; grounds. (a) The board of nursing may refuse to issue or renew, or may suspend or revoke the license, certificate or temporary permit of any person, or to otherwise discipline a licensee or certificate holder, upon proof that the person: (xi) Has failed to submit to a mental, physical or medical competency examination following a proper request by the board made pursuant to board rules and regulations and the Wyoming Administrative Procedure Act; or ORIGINAL SENATE ENGROSSED FILE NO. SF0099 ENROLLED ACT NO. 52, SENATE SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING 2024 BUDGET SESSION 4 (xii) Has violated a previously entered board order;. or (xiii) Has violated W.S. 35-4-1001. 33-24-122. Revocation or suspension of license and registration; letter of admonition; summary suspension; administrative penalties; probation; grounds. (a) The license and registration of any pharmacist may be revoked or suspended by the board of pharmacy or the board may issue a letter of admonition, refuse to issue or renew any license or require successful completion of a rehabilitation program or issue a summary suspension for any one (1) or more of the following causes: (ix) For senility or mental impairment which impedes the pharmacist's professional abilities or for habitual personal use of morphine, cocaine or other habit forming drugs or alcohol; or (xi) For violating W.S. 35-4-1001. 33-26-402. Grounds for suspension; revocation; restriction; imposition of conditions; refusal to renew or other disciplinary action. (a) The board may refuse to renew, and may revoke, suspend or restrict a license or take other disciplinary action, including the imposition of conditions or restrictions upon a license on one (1) or more of the following grounds: (xxxvi) Violating W.S. 35-4-1001. ORIGINAL SENATE ENGROSSED FILE NO. SF0099 ENROLLED ACT NO. 52, SENATE SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING 2024 BUDGET SESSION 5 Section 3. W.S. 35-4-1001, as created by section 1 of this act, shall apply only to conduct or procedures occurring on and after the effective date of this act. Section 4. The department of health, state board of medicine and state board of pharmacy shall promulgate all rules necessary to implement this act. ORIGINAL SENATE ENGROSSED FILE NO. SF0099 ENROLLED ACT NO. 52, SENATE SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING 2024 BUDGET SESSION 6 Section 5. (a) Except as provided in subsection (b) of this section, this act is effective July 1, 2024. (b) Sections 4 and 5 of this act are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution. (END) Speaker of the House President of the Senate Governor TIME APPROVED: _________ DATE APPROVED: _________ I hereby certify that this act originated in the Senate. Chief Clerk