Senate File 110 - IntroducedA Bill ForAn Act 1relating to gender-transition procedures, and including
2effective date provisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  NEW SECTION.  144H.1  Definitions.
   2As used in this chapter, unless the context otherwise
3requires:
   41.  “Biological sex” means the genetic classification of an
5individual as male or female, as reflected in the organization
6of the body of the individual for a reproductive role or
7capacity, such as through sex chromosomes, naturally occurring
8sex hormones, and internal and external genitalia present at
9birth, without regard to the subjective sense of identity of
10the individual.
   112.  a.  “Gender-transition procedure” means any of the
12following:
   13(1)  The prescription or administration of puberty-blocking
14drugs for the purpose of changing the body of an individual
15so that it conforms to the subjective sense of identity of
16the individual, in the case such identity is at odds with the
17individual’s biological sex.
   18(2)  The prescription or administration of cross-sex
19hormones for the purpose of changing the body of an individual
20so that it conforms to the subjective sense of identity of
21the individual, in the case such identity is at odds with the
22individual’s biological sex.
   23(3)  A surgery to change the body of an individual so that it
24conforms to the subjective sense of identity of the individual,
25in the case such identity is at odds with the individual’s
26biological sex.
   27b.  “Gender-transition procedure” does not include an
28intervention described in paragraph “a” that is performed in any
29of the following circumstances:
   30(1)  On an individual with biological sex characteristics
31that are inherently ambiguous, such as those born with
32forty-six XX chromosomes with virilization, with forty-six XY
33chromosomes with undervirilization, or having both ovarian
34and testicular tissue or an individual with respect to whom
35a medical practitioner has determined through genetic or
-1-1biochemical testing that the individual does not have normal
2sex chromosome structure, sex steroid hormone production, or
3sex steroid hormone action, for a biological male or biological
4female.
   5(2)  For the treatment of any infection, injury, disease, or
6disorder that has been caused or exacerbated by the performance
7of an intervention described in paragraph “a” without regard to
8whether the intervention was performed in accordance with state
9or federal law or whether the intervention is covered by the
10private right of action under section 144H.2.
   11(3)  Using any procedure undertaken because the individual
12suffers from a physical disorder, physical injury, or physical
13illness that would, as certified by a medical practitioner,
14place the individual in imminent danger of death or impairment
15of major bodily function unless the procedure is performed.
   163.  “Medical practitioner” means a person who is licensed,
17certified, or otherwise authorized by the laws of a state to
18administer health care in the ordinary course of the practice
19of the person’s profession.
20   Sec. 2.  NEW SECTION.  144H.2  Private right of action for
21gender-transition procedure performed on minor.
   221.  A medical practitioner who performs a gender-transition
23procedure in this state on an individual who is less than
24eighteen years of age shall, as described in subsection 2, be
25liable to the individual if injured, including any physical,
26psychological, emotional, or physiological harms, by such
27procedure, related treatment, or subsequent effects of the
28procedure or treatment.
   292.  An individual covered by subsection 1, who receives a
30gender-transition procedure from a medical practitioner, or
31the individual’s representative, including a legal guardian,
32on behalf of such individual, may, not later than the day
33that is thirty years after the date on which the individual
34turns eighteen years of age, bring a civil action against such
35medical practitioner in a court of competent jurisdiction
-2-1for declaratory or injunctive relief, compensatory damages,
2punitive damages, and attorney fees and costs.
3   Sec. 3.  NEW SECTION.  144H.3  Performance not required.
   4Notwithstanding any other provision of law to the contrary,
5no provision of state law shall require, or be construed to
6require, a medical practitioner to perform a gender-transition
7procedure.
8   Sec. 4.  NEW SECTION.  144H.4  Prohibition on funding.
   9Notwithstanding any other provision of law to the contrary,
10any medical practitioner that performs any gender-transition
11procedure on an individual in this state shall be ineligible
12to receive any funding from the department of health and human
13services.
14   Sec. 5.  EFFECTIVE DATE.  This Act, being deemed of immediate
15importance, takes effect upon enactment.
16EXPLANATION
17The inclusion of this explanation does not constitute agreement with
18the explanation’s substance by the members of the general assembly.
   19This bill creates a private right of action for
20gender-transition procedures performed on a minor. The
21bill provides that a medical practitioner who performs a
22gender-transition procedure in this state on an individual who
23is less than 18 years of age shall be liable to the individual
24if injured, including any physical, psychological, emotional,
25or physiological harms, by such procedure, related treatment,
26or subsequent effects of the procedure or treatment. An
27individual who receives a gender-transition procedure from
28a medical practitioner, or the individual’s representative,
29has 30 years after the date the individual turned 18 years of
30age to bring a civil action against such medical practitioner
31for declaratory or injunctive relief, compensatory damages,
32punitive damages, and attorney fees and costs.
   33The bill provides that no state law shall require a medical
34practitioner to perform a gender-transition procedure and that
35any medical practitioner that performs a gender-transition
-3-1procedure on an individual in this state shall be ineligible
2to receive any funding from the department of health and human
3services.
   4The bill takes effect upon enactment.
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