SF 4495

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/14/2024 09:13am

A bill for an act
relating to health; prohibiting certain surgical procedures from being performed
on patients under age 12 with certain exceptions; authorizing disciplinary action
by health-related licensing boards; proposing coding for new law in Minnesota
Statutes, chapter 214.

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

Section 1.

new text begin [214.41] PROTECTION OF YOUTH WITH VARIATIONS IN THEIR
PHYSICAL SEX CHARACTERISTICS.
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.
new text end

new text begin (b) "Individual born with variations in their physical sex characteristics" means an
individual born with physical traits, including genitals, gonads, hormone function, or
chromosomal patterns, that vary from clinical norms of male and female regarding the
development, appearance, or function of sex characteristics.
new text end

new text begin (c) "Prohibited surgical procedure" means clitoroplasty, clitoral reduction, or clitoral
recession, including corporal sparing procedures; gonadectomy; any procedure that lengthens
or reroutes a urethra from its native orifice; vaginoplasty; urogenital sinus mobilization;
vaginal exteriorization; phalloplasty; hysterectomy; oophorectomy; or introitoplasty.
new text end

new text begin (d) "Surgical procedure required to address an immediate risk of physical harm" means:
new text end

new text begin (1) a surgical procedure to remove tissue that poses a significantly heightened clinical
risk of malignancy relative to that of the general population;
new text end

new text begin (2) a surgical procedure: (i) to allow urine to exit the body; (ii) to treat urinary
incontinence; or (iii) to make a minimally invasive adjustment to urinary function in order
to decrease a risk of infection or renal complication in an individual whose current urinary
function puts the individual at a demonstrated clinical risk of infection or renal complication;
new text end

new text begin (3) a surgical procedure that is required to treat complications of a previous surgery and
that, if delayed, would cause increased physical health risks to the individual; or
new text end

new text begin (4) any other surgical procedure necessary to preserve an individual's life in the event
of a medical emergency.
new text end

new text begin Subd. 2. new text end

new text begin Certain surgical procedures prohibited. new text end

new text begin A health care professional licensed
by a health-related licensing board is prohibited from performing, or assisting in the
performance of, a prohibited surgical procedure on an individual born with variations in
their physical sex characteristics who is under 12 years of age, unless the surgical procedure
is a surgical procedure required to address an immediate risk of physical harm.
new text end

new text begin Subd. 3. new text end

new text begin Enforcement. new text end

new text begin A violation of subdivision 2 is grounds for disciplinary action
by the health-related licensing board that licensed the health care professional who violated
subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end