SF 3280

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/20/2023 08:48am

A bill for an act
relating to health; providing criminal penalties for health care practitioners who
perform or cause to be performed specified practices on a minor under certain
conditions; proposing coding for new law in Minnesota Statutes, chapter 145.

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

Section 1.

new text begin [145.4097] PROM ACT.
new text end

new text begin Subdivision 1. new text end

new text begin Citation. new text end

new text begin This section may be cited as the "PROM (Protect Reproductive
Organs of Minors) Act."
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin As used in this section, the following terms have the meanings
given.
new text end

new text begin Minor. A "minor" is any individual who is under the age of 18.
new text end

new text begin Sex. "Sex" means the biological state of being female or male based on sex organs,
chromosomes, and endogenous hormone profiles.
new text end

new text begin Subd. 3. new text end

new text begin Criminal penalties. new text end

new text begin A health care practitioner who performs any of the
following practices upon a minor, or who causes such practices to be performed upon a
minor, for the purpose of attempting to change the minor's sex or for the purpose of affirming
the minor's perception of the minor's sex if that perception is inconsistent with the minor's
sex, commits a felony in the first degree:
new text end

new text begin (a) surgeries that sterilize, including castration, vasectomy, hysterectomy, oophorectomy,
metoidioplasty, orchiectomy, penectomy, phalloplasty, and vaginoplasty; mastectomy;
new text end

new text begin (b) administering, prescribing, or supplying the following medications that induce
transient or permanent infertility:
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new text begin (1) puberty-blocking medication, which stops or delays normal puberty;
new text end

new text begin (2) supraphysiologic doses of testosterone, to females; or
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new text begin (3) supraphysiologic doses of estrogen, to males; or
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new text begin (c) removing any otherwise healthy or nondiseased body part or tissue.
new text end

new text begin Subd. 4. new text end

new text begin Application. new text end

new text begin This section does not apply to a health care practitioner acting in
accordance with a good faith medical decision of a parent or guardian of a minor born with
a medically verifiable genetic disorder of sex development, including external biological
sex characteristics that are ambiguous, such as a minor who has 46 XX chromosomes with
virilization; XY chromosomes with undervirilization; or both ovarian and testicular tissue;
or a minor who has a sexual development disorder whereby a physician has determined
through genetic testing that the minor does not have the normal chromosome structure for
a male or a female.
new text end