House
File
327
-
Introduced
HOUSE
FILE
327
BY
SHIPLEY
A
BILL
FOR
An
Act
relating
to
treatment
or
intervention
involving
a
minor
1
diagnosed
with
gender
dysphoria,
and
providing
for
licensee
2
discipline
and
civil
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1550YH
(3)
89
pf/rh
H.F.
327
Section
1.
NEW
SECTION
.
147.163
Gender
dysphoria
——
consent
1
by
parents
or
legal
guardians
to
medical
procedures
——
licensee
2
discipline.
3
1.
As
used
in
this
section:
4
a.
“Gender
dysphoria”
means
gender
dysphoria
as
designated
5
in
the
diagnostic
and
statistical
manual
of
mental
disorders,
6
fifth
edition.
7
b.
“Minor”
means
a
person
during
the
period
of
minority
as
8
specified
in
section
599.1.
9
c.
“Physician”
means
a
person
licensed
as
a
physician
10
and
surgeon
or
osteopathic
physician
and
surgeon
pursuant
to
11
chapter
148.
12
d.
“Practitioner”
means
a
physician
and
surgeon
or
13
osteopathic
physician
and
surgeon
licensed
under
chapter
148
14
who
specializes
in
the
practice
of
psychiatry;
a
psychologist
15
licensed
under
chapter
154B;
a
licensed
marital
and
family
16
therapist
or
mental
health
counselor
or
a
temporary
licensed
17
marital
and
family
therapist
or
mental
health
counselor
as
18
defined
in
section
154D.1;
a
social
worker
licensed
pursuant
to
19
chapter
154C;
a
licensed
school
counselor,
school
psychologist,
20
or
school
social
worker;
an
advanced
registered
nurse
21
practitioner
licensed
pursuant
to
chapter
152
or
an
advanced
22
practice
registered
nurse
under
chapter
152E;
a
practitioner
23
as
defined
in
section
272.1;
a
victim
counselor
as
defined
in
24
section
915.20A;
a
psychiatric
nurse;
any
other
person
who
25
provides
counseling
or
mental
health
or
behavioral
health
26
services
as
a
part
of
the
person’s
professional
training
or
27
practice
under
Iowa
law
or
rule;
or
any
student,
intern,
28
volunteer,
or
other
person
assisting
or
acting
under
the
29
direction
or
guidance
of
any
of
these
professionals.
30
2.
a.
A
physician
shall
not
perform
any
treatment
or
31
intervention
on
the
sex
characteristics
of
a
minor
diagnosed
32
with
gender
dysphoria
unless
all
of
the
following
conditions
33
are
met:
34
(1)
The
physician
provides
written
and
oral
disclosure
35
-1-
LSB
1550YH
(3)
89
pf/rh
1/
4
H.F.
327
to
all
parents
or
legal
guardians
of
the
minor
that
informed
1
consent
must
be
obtained
from
all
parents
or
legal
guardians
2
of
the
minor.
3
(2)
The
physician
provides
written
and
oral
disclosure
to
4
all
parents
or
legal
guardians
of
the
minor
in
nontechnical
5
terms
that
include
all
of
the
following:
6
(a)
A
description
of
the
treatment
or
intervention
to
be
7
performed,
including
any
necessary
health
care
management
or
8
long-term
follow-up
care
to
be
expected
following
the
treatment
9
or
intervention.
10
(b)
A
description
of
any
attendant
discomfort
and
risks
to
11
the
minor
in
the
short
term
and
long
term,
including
but
not
12
limited
to
any
irreparable
or
irreversible
harm
or
limitations
13
regarding
future
fertility
or
development
or
construction
of
14
female-typical
or
male-typical
characteristics,
which
may
15
reasonably
be
expected
following
the
treatment
or
intervention.
16
(c)
An
explanation
of
any
benefits
that
the
minor
may
17
reasonably
expect
following
the
treatment
or
intervention.
18
(d)
An
explanation
of
any
appropriate
alternative
19
procedures,
drugs,
or
devices,
including
any
delay
of
the
20
procedure,
that
might
be
advantageous
to
the
minor,
and
the
21
relative
risks
and
benefits
of
these
alternatives.
22
(e)
An
offer
to
answer
any
inquiries
concerning
the
23
treatment
or
intervention
involved.
24
(3)
The
physician
obtains
the
written
consent
of
all
25
parents
or
legal
guardians
of
the
minor
prior
to
performing
the
26
treatment
or
intervention.
27
b.
The
physician
shall
retain
the
original
written
consent
28
in
the
medical
record
of
the
minor
and
shall
provide
a
copy
of
29
the
written
consent
to
all
parents
or
legal
guardians
of
the
30
minor.
31
c.
A
physician
who
violates
this
subsection
shall
be
subject
32
to
licensee
discipline
pursuant
to
section
148.6.
33
3.
a.
A
practitioner
who
engages
in
discussions
or
34
counseling
regarding
gender
dysphoria
treatment
or
intervention
35
-2-
LSB
1550YH
(3)
89
pf/rh
2/
4
H.F.
327
options
with
a
minor
shall
fully
and
accurately
disclose
all
1
known
and
documented
adverse
events
relating
to
such
treatment
2
options.
3
b.
A
practitioner
who
violates
this
subsection
is
subject
4
to
suspension
of
the
practitioner’s
license
or
other
practice
5
authorization
for
a
minimum
of
three
years
and
a
civil
penalty
6
of
twenty-five
thousand
dollars.
7
4.
The
board
of
medicine
and
any
appropriate
licensing
8
entity
or
disciplinary
authority
with
professional
jurisdiction
9
over
a
practitioner
under
this
section
shall
adopt
rules
10
pursuant
to
chapter
17A
to
administer
this
section.
11
Sec.
2.
CODE
EDITOR
DIRECTIVE.
The
Code
editor
shall
create
12
a
new
subchapter
in
chapter
147,
codifying
section
147.163,
13
as
enacted
in
this
Act,
as
“Minors
——
gender
dysphoria
——
14
treatment
and
intervention”.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
relates
to
treatment
or
intervention
involving
a
19
minor
diagnosed
with
gender
dysphoria.
20
The
bill
includes
definitions
used
in
the
bill
including
21
“gender
dysphoria”,
“minor”,
“physician”,
and
“practitioner”.
22
The
bill
prohibits
a
physician
from
performing
any
treatment
23
or
intervention
on
the
sex
characteristics
of
a
minor
diagnosed
24
with
gender
dysphoria
unless
the
physician
provides
written
25
and
oral
disclosure
to
all
parents
or
legal
guardians
of
the
26
minor
that
informed
consent
must
be
obtained
from
all
parents
27
or
legal
guardians
of
the
minor;
provides
written
and
oral
28
disclosure
to
all
parents
or
legal
guardians
of
the
minor
in
29
nontechnical
terms
that
include
a
description
of
the
treatment
30
or
intervention
to
be
performed,
a
description
of
any
attendant
31
discomfort
and
risks
to
the
minor
in
the
short
term
and
32
long
term,
an
explanation
of
any
benefits
that
the
minor
may
33
reasonably
expect
following
the
treatment
or
intervention,
an
34
explanation
of
any
appropriate
alternative
procedures,
drugs,
35
-3-
LSB
1550YH
(3)
89
pf/rh
3/
4
H.F.
327
or
devices,
and
an
offer
to
answer
any
inquiries
concerning
1
the
treatment
or
intervention
involved;
and
obtains
written
2
consent
from
all
parents
or
legal
guardians
of
the
minor.
The
3
physician
shall
retain
the
original
written
consent
in
the
4
medical
record
of
the
minor
and
shall
provide
a
copy
of
the
5
written
consent
to
all
parents
or
legal
guardians
of
the
minor.
6
A
physician
who
violates
this
provision
of
the
bill
is
subject
7
to
licensee
discipline
which
may
include
a
civil
penalty
not
to
8
exceed
$10,000
pursuant
to
Code
section
148.6.
9
The
bill
also
provides
that
a
practitioner
who
engages
in
10
discussions
or
counseling
regarding
gender
dysphoria
treatment
11
or
intervention
options
with
a
minor
shall
fully
and
accurately
12
disclose
all
known
and
documented
adverse
events
relating
to
13
such
treatment
or
intervention
options.
A
practitioner
who
14
violates
this
provision
of
the
bill
is
subject
to
suspension
of
15
the
practitioner’s
license
or
other
practice
authorization
for
16
a
minimum
of
three
years
and
a
civil
penalty
of
$25,000.
17
The
board
of
medicine
and
any
appropriate
licensing
entity
18
or
disciplinary
authority
with
professional
jurisdiction
over
a
19
practitioner
under
the
bill
shall
adopt
administrative
rules
20
to
administer
the
bill.
21
-4-
LSB
1550YH
(3)
89
pf/rh
4/
4