HF 4694

as introduced - 91st Legislature (2019 - 2020) Posted on 05/17/2020 09:59am

A bill for an act
relating to health; prohibiting the provision of gender transition medical services
to and performance of gender reassignment surgery for persons under the age of
18; amending Minnesota Statutes 2018, section 60A.0784; proposing coding for
new law in Minnesota Statutes, chapter 214.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 60A.0784, is amended to read:

60A.0784 PROHIBITED PRACTICES.

It is unlawful for any person to:

(1) procure or cause to be procured or effected a policy in violation of section 60A.0783;

(2) engage in STOLI practices or otherwise wager on life;

(3) solicit, market, or otherwise promote the purchase of a policy for the purpose of or
with an emphasis on the subsequent sale of the policy in the secondary market;

(4) enter into a premium finance agreement with any person or agency, or any person
affiliated with such person or agency, pursuant to which the lender or any person affiliated
with the lender shall receive any proceeds, fees, or other consideration, directly or indirectly,
from the policy or policyowner or any other person with respect to the premium finance
agreement or any settlement contract or other transaction related to such policy that are in
addition to the amounts required to pay the principal, interest, and service charges related
to policy premiums pursuant to the premium finance agreement or subsequent sale of such
agreement; provided, further, that any payments, charges, fees, or other amounts in addition
to the amounts required to pay the principal, interest, and service charges related to policy
premiums paid under the premium finance agreement shall be remitted to the insured or to
the insured's estate if the insured is not living at the time of the determination of the
overpayment; deleted text begin or
deleted text end

(5) enter into or to offer to enter into a settlement contract prior to the issuance of a
policy that is the subject of the settlement contract or proposed settlement contract deleted text begin . deleted text end new text begin ;
new text end

new text begin (6) solicit, market, or otherwise promote the purchase of a policy that would provide
professional liability insurance for the actions prohibited by section 214.079; or
new text end

new text begin (7) enter into or offer to enter into a settlement contract for the actions of an insured in
violation of section 214.079.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to policies offered, issued, or renewed on or after that date.
new text end

Sec. 2.

new text begin [214.079] PROHIBITING GENDER TRANSITION MEDICAL SERVICES
FOR MINORS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given them.
new text end

new text begin (b) "Gender reassignment surgery" means any surgical procedure that seeks to alter an
individual's anatomy for the purpose of assisting the individual in creating physical features
similar to a person of the opposite sex, including but not limited to genital or non-genital
sex reassignment surgery.
new text end

new text begin (c) "Gender transition medical services" means a medical or surgical service that assists
an individual in transitioning physically to a sex different from the individual's birth sex,
including but not limited to medical services that provide: gonadotropin releasing hormone
analogues, or analogous drugs, or other interventions to delay or suppress pubertal
development in children; cross-sex hormones, or other mechanisms, to promote the
development of feminizing or masculinizing features in the opposite sex; or genital or
non-genital sex reassignment surgery performed for the purpose of assisting an individual
with a sex transition.
new text end

new text begin (d) "Genital sex reassignment surgery" means surgical procedures such as penectomy,
orchiectomy, vaginoplasty, clitoroplasty, or vulvoplasty on male patients; or hysterectomy,
ovariectomy, reconstruction of the fixed part of the urethra with or without a metoidioplasty
or a phalloplasty, vaginectomy, scrotoplasty, or implantation of erection or testicular
prostheses on female patients.
new text end

new text begin (e) "Health care provider" has the meaning given in section 62A.63, subdivision 2.
new text end

new text begin (f) "Non-genital sex reassignment surgery" means surgical procedures, including but
not limited to augmentation mammoplasty, facial feminization surgery, liposuction,
lipofilling, voice surgery, thyroid cartilage reduction, gluteal augmentation, hair
reconstruction, or various aesthetic procedures on male patients; or subcutaneous mastectomy,
voice surgery, liposuction, lipofilling, pectoral implants, or various aesthetic procedures on
female patients.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin (a) No health care provider licensed by a health-related licensing
board or otherwise licensed under the laws of this state or registered with the commissioner
of health may provide gender transition medical services to a patient younger than 18 years
of age. No physician licensed under chapter 147 may perform gender reassignment surgery
on any person under the age of 18. Gender reassignment surgery or gender transition medical
services provided to a patient younger than 18 years of age shall be considered unprofessional
conduct and the health care provider shall be subject to disciplinary action by the applicable
health-related licensing board.
new text end

new text begin (b) A health care provider who violates paragraph (a) is liable for a civil penalty of up
to $5,000 per violation.
new text end

new text begin (c) The statute of limitations for a cause of action brought related to gender reassignment
surgery or gender transition medical services is 20 years from the age of majority.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin This section does not apply to the good faith medical decision of
a parent or guardian of a minor under 18 years of age born with a medically verifiable
genetic disorder of sex development, including:
new text end

new text begin (1) external biological sex characteristics that are irresolvably ambiguous, such as a
minor born having 46 XX chromosomes with virilization, 46 XY chromosomes with
undervirilization, or having both ovarian and testicular tissue; or
new text end

new text begin (2) a disorder of sexual development diagnosed by a physician through genetic testing
showing that the minor does not have the normal sex chromosome structure for a male or
female.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment, except
that this section shall not prohibit: (1) the continuation and completion of a course of gender
reassignment surgery that began before the effective date of the section; and (2) the
continuation and completion of gender transition medical services that were first provided
before the effective date of this section.
new text end