HF 3151

as introduced - 94th Legislature (2025 - 2026) Posted on 04/07/2025 03:07pm

A bill for an act
relating to health; prohibiting gender-affirming medical care and certain counseling
for minors in the state of Minnesota; establishing penalties for violations; proposing
coding for new law in Minnesota Statutes, chapter 144.

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

Section 1.

new text begin [144.041] PROHIBITING GENDER-AFFIRMING MEDICAL CARE
AND CERTAIN COUNSELING.
new text end

new text begin Subdivision 1. new text end

new text begin Short title. new text end

new text begin This section may be cited as the "Zywiec Act."
new text end

new text begin Subd. 2. 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) "Minor" means an individual under 18 years of age.
new text end

new text begin (c) "Gender-affirming care" means any medical or surgical intervention, including but
not limited to hormone therapy, puberty blockers, or gender reassignment surgery, intended
to affirm an individual's perceived gender identity when it differs from their biological sex
as determined at birth.
new text end

new text begin (d) "Health care provider" means any licensed physician, surgeon, nurse practitioner,
or other individual authorized to provide medical care under the laws of Minnesota.
new text end

new text begin (e) "Biological sex" means the sex assigned at birth based on chromosomes, gonads,
and genitalia.
new text end

new text begin (f) "Intersex condition" means a congenital condition in which an individual is born with
the reproductive or sexual anatomy that does not fit typical definitions of male or female,
including but not limited to ambiguous genitalia, as diagnosed by a licensed health care
provider.
new text end

new text begin Subd. 3. new text end

new text begin Prohibition of gender-affirming care and certain counseling for minors. new text end

new text begin (a)
No health care provider shall knowingly provide gender-affirming care to a minor within
the state of Minnesota.
new text end

new text begin (b) No public funds, including medical assistance or other Minnesota health care
programs, shall be used to provide gender-affirming care to a minor.
new text end

new text begin (c) This prohibition does not apply to:
new text end

new text begin (1) treatment of a minor for a diagnosed medical condition unrelated to gender identity,
such as precocious puberty, when such treatment is deemed medically necessary by a licensed
health care provider and approved by the minor's legal guardian;
new text end

new text begin (2) mental health counseling or therapy that does not involve medical or surgical
intervention, provided that such counseling does not suggest, encourage, or affirm that the
minor is any gender other than their biological sex as determined at birth; or
new text end

new text begin (3) surgical or medical interventions for a minor with an intersex condition, when such
interventions are deemed medically necessary by a licensed health care provider to correct
ambiguous genitalia or other physical anomalies directly related to the intersex condition,
and are approved by the minor's legal guardian, provided that the intervention is not intended
to affirm a gender identity differing from the minor's biological sex as determined by genetic
or anatomical evidence.
new text end

new text begin Subd. 4. new text end

new text begin Penalties. new text end

new text begin (a) Any health care provider found in violation of subdivision 3,
paragraph (a) or (c), clause (2), shall:
new text end

new text begin (1) be subject to a civil fine of not less than $500,000 per violation;
new text end

new text begin (2) have their professional license revoked by the Board of Medical Practice or relevant
licensing authority; and
new text end

new text begin (3) be subject to imprisonment for a term of up to ten years.
new text end

new text begin (b) In addition to the penalties in paragraph (a), a health care provider shall be liable for
civil action brought by the minor's legal guardian for damages, including emotional distress.
new text end

new text begin Subd. 5. new text end

new text begin Enforcement. new text end

new text begin (a) The Department of Health shall investigate alleged violations
of this section.
new text end

new text begin (b) Citizens may report suspected violations to the Department of Health, which shall
maintain a confidential reporting mechanism.
new text end

new text begin Subd. 6. new text end

new text begin Severability. new text end

new text begin If any provision of this section or its application to any person
or circumstance is held invalid, the remainder of this section and the application of its
provisions to other persons or circumstances shall not be affected.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end