Bill Text: IA SSB1197 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to prohibited activities regarding gender transition procedures relative to minors, and including effective date and applicability provisions.(See SF 538.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2023-03-06 - Committee report approving bill, renumbered as SF 538. [SSB1197 Detail]
Download: Iowa-2023-SSB1197-Introduced.html
Senate
Study
Bill
1197
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
HEALTH
AND
HUMAN
SERVICES
BILL
BY
CHAIRPERSON
EDLER)
A
BILL
FOR
An
Act
relating
to
prohibited
activities
regarding
gender
1
transition
procedures
relative
to
minors,
and
including
2
effective
date
and
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
147.164
Gender
transition
1
procedure-related
activities
——
minors
——
prohibitions.
2
1.
As
used
in
this
section:
3
a.
“Gender”
means
the
psychological,
behavioral,
social,
and
4
cultural
aspects
of
being
male
or
female.
5
b.
“Health
care
professional”
means
a
person
who
is
6
licensed,
certified,
or
otherwise
authorized
or
permitted
by
7
the
law
of
this
state
to
administer
health
care
in
the
ordinary
8
course
of
business
or
in
the
practice
of
a
profession.
9
c.
“Minor”
means
an
unemancipated
person
under
eighteen
10
years
of
age.
11
d.
“Sex”
means
the
biological
indication
of
male
and
12
female,
including
sex
chromosomes,
naturally
occurring
sex
13
hormones,
gonads,
and
nonambiguous
internal
and
external
14
genitalia
present
at
birth
without
regard
to
an
individual’s
15
psychological,
chosen,
or
subjective
experience
of
gender.
16
2.
a.
Except
as
otherwise
provided
in
paragraph
“c”
,
a
17
health
care
professional
shall
not
knowingly
engage
in
or
cause
18
any
of
the
following
practices
to
be
performed
on
a
minor
nor
19
refer
a
minor
to
another
health
care
professional
to
perform
20
any
of
the
following
practices
on
a
minor
if
the
practice
is
21
performed
for
the
purpose
of
attempting
to
alter
the
appearance
22
of,
or
affirm
the
minor’s
perception
of,
the
minor’s
gender
or
23
sex,
if
that
appearance
or
perception
is
inconsistent
with
the
24
minor’s
sex.
25
(1)
Prescribing
or
administering
gonadotropin-releasing
26
hormone
analogues
or
other
synthetic
drugs
used
to
stop
27
luteinizing
hormone
and
follicle-stimulating
hormone
secretion,
28
synthetic
antiandrogen
drugs
used
to
block
the
androgen
29
receptor,
or
any
drug
to
suppress
or
delay
normal
puberty.
30
(2)
Prescribing
or
administering
testosterone,
estrogen,
31
or
progesterone
to
a
minor
in
an
amount
greater
than
would
32
normally
be
produced
endogenously
in
a
healthy
individual
of
33
that
individual’s
age
and
sex.
34
(3)
Performing
surgeries
that
sterilize,
including
35
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castration,
vasectomy,
hysterectomy,
oophorectomy,
orchiectomy,
1
and
penectomy.
2
(4)
Performing
surgeries
that
artificially
construct
3
tissue
with
the
appearance
of
genitalia
that
differs
from
the
4
individual’s
sex,
including
metoidioplasty,
phalloplasty,
and
5
vaginoplasty.
6
(5)
Removing
any
healthy
or
nondiseased
body
part
or
tissue.
7
b.
A
health
care
professional
shall
not
knowingly
engage
in
8
conduct
that
aids
or
abets
the
practices
described
in
paragraph
9
“a”
.
This
paragraph
shall
not
be
construed
to
impose
liability
10
on
any
speech
protected
by
federal
or
state
law.
11
c.
Paragraphs
“a”
and
“b”
do
not
apply
to
any
of
the
12
following:
13
(1)
Services
provided
to
a
minor
born
with
a
medically
14
verifiable
disorder
of
sex
development,
including
a
minor
15
with
external
biological
sex
characteristics
that
are
16
irresolvably
ambiguous,
such
as
a
minor
born
with
forty-six
17
XX
chromosomes
with
virilization,
forty-six
XY
chromosomes
18
with
undervirilization,
or
having
both
ovarian
and
testicular
19
tissue.
20
(2)
Services
provided
to
a
minor
who
has
otherwise
21
been
diagnosed
with
a
disorder
of
sexual
development
by
a
22
physician,
when
the
physician
has
determined
through
genetic
23
or
biochemical
testing
that
the
minor
does
not
have
a
normal
24
sex
chromosome
structure,
sex
steroid
hormone
production,
or
25
sex
steroid
hormone
action
for
a
biological
male
or
biological
26
female.
27
(3)
The
treatment
of
any
infection,
injury,
disease,
or
28
disorder
that
has
been
caused
or
exacerbated
by
the
performance
29
of
gender
transition
procedures,
whether
or
not
the
procedures
30
were
performed
in
accordance
with
state
and
federal
law.
31
(4)
Any
procedure
undertaken
because
a
minor
suffers
from
a
32
physical
disorder,
physical
injury,
or
physical
illness
that
33
is
certified
by
a
physician
and
that
would
place
the
minor
34
in
imminent
danger
of
death
or
impairment
of
a
major
bodily
35
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function
unless
surgery
is
performed.
1
d.
A
violation
of
the
prohibitions
under
paragraph
“a”
or
2
“b”
by
a
health
care
professional
is
considered
unprofessional
3
conduct
and
subject
to
licensee
discipline
by
the
appropriate
4
licensing
board
or
entity.
5
3.
a.
A
person
may
assert
an
actual
or
threatened
violation
6
of
this
section
as
a
claim
or
defense
in
a
judicial
or
7
administrative
proceeding
and
may
obtain
compensatory
damages,
8
injunctive
relief,
declaratory
relief,
or
any
other
appropriate
9
relief.
10
b.
An
action
brought
for
a
violation
of
this
section
shall
11
be
brought
within
two
years
after
the
cause
of
action
accrues.
12
However,
a
minor
may
bring
an
action
during
the
minor’s
13
minority
through
a
parent
or
legal
guardian,
and
may
bring
an
14
action
in
the
minor’s
own
name
upon
reaching
majority
and
for
15
twenty
years
after
reaching
majority.
16
c.
Notwithstanding
any
other
law
to
the
contrary,
an
17
action
under
this
section
may
be
commenced,
and
relief
may
be
18
granted,
in
a
judicial
proceeding
without
regard
to
whether
the
19
person
commencing
the
action
has
sought
or
exhausted
available
20
administrative
remedies.
In
an
action
or
proceeding
to
21
enforce
this
section,
a
prevailing
party
may
recover
reasonable
22
attorney
fees.
23
d.
The
attorney
general
may
bring
an
action
to
enforce
this
24
section.
25
e.
Nothing
in
this
section
shall
be
construed
to
deny,
26
impair,
or
otherwise
affect
any
right
or
authority
of
the
27
attorney
general,
the
state,
or
any
agency,
officer,
or
28
employee
of
the
state
to
institute
or
intervene
in
any
29
proceeding.
30
Sec.
2.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
31
importance,
takes
effect
upon
enactment.
32
Sec.
3.
APPLICABILITY.
The
following
applies
one
hundred
33
eighty
days
after
the
effective
date
of
this
Act:
34
The
provisions
of
the
section
of
this
Act
enacting
section
35
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147.164,
subsection
2,
that
prohibit
a
health
care
professional
1
from
knowingly
engaging
in
or
causing
certain
practices
to
2
be
performed
on
a
minor
if
the
practice
is
performed
for
the
3
purpose
of
attempting
to
alter
the
appearance
of,
or
affirm
4
the
minor’s
perception
of,
the
minor’s
gender
or
sex,
if
that
5
appearance
or
perception
is
inconsistent
with
the
minor’s
sex.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
relates
to
prohibitions
regarding
gender
10
transition
procedure-related
activities
relating
to
minors.
11
The
bill
provides
definitions
used
in
the
bill
including
12
“gender”,
“health
care
professional”,
“minor”,
and
“sex”.
13
The
bill
prohibits,
with
some
exceptions,
a
health
care
14
professional
from
knowingly
engaging
in
or
causing
specified
15
practices
to
be
performed
on
a
minor
or
referring
a
minor
16
to
another
health
care
professional
to
perform
the
specified
17
practices
if
the
practice
is
performed
for
the
purpose
of
18
attempting
to
alter
the
appearance
of,
or
affirm
the
minor’s
19
perception
of,
the
minor’s
gender
or
sex,
if
that
appearance
20
or
perception
is
inconsistent
with
the
minor’s
sex.
These
21
prohibited
practices
include
prescribing
or
administering
22
gonadotropin-releasing
hormone
analogues
or
other
synthetic
23
drugs
used
to
stop
luteinizing
hormone
and
follicle-stimulating
24
hormone
secretion,
synthetic
antiandrogen
drugs
used
to
block
25
the
androgen
receptor,
or
any
drug
to
suppress
or
delay
normal
26
puberty;
prescribing
or
administering
testosterone,
estrogen,
27
or
progesterone
to
a
minor
in
an
amount
greater
than
would
28
normally
be
produced
endogenously
in
a
healthy
individual
29
of
that
individual’s
age
and
sex;
performing
surgeries
that
30
sterilize,
including
castration,
vasectomy,
hysterectomy,
31
oophorectomy,
orchiectomy,
and
penectomy;
performing
surgeries
32
that
artificially
construct
tissue
with
the
appearance
of
33
genitalia
that
differs
from
the
individual’s
sex,
including
34
metoidioplasty,
phalloplasty,
and
vaginoplasty;
and
removing
35
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_____
any
healthy
or
nondiseased
body
part
or
tissue.
1
The
bill
also
prohibits
a
health
care
professional
from
2
knowingly
engaging
in
conduct
that
aids
or
abets
the
specified
3
prohibited
practices.
However,
this
prohibition
is
not
to
4
be
construed
to
impose
liability
on
any
speech
protected
by
5
federal
or
state
law.
6
The
bill
specifies
services
to
which
the
prohibitions
7
of
the
bill
do
not
apply
including:
services
provided
to
8
a
minor
born
with
a
medically
verifiable
disorder
of
sex
9
development,
including
a
minor
with
external
biological
sex
10
characteristics
that
are
irresolvably
ambiguous,
such
as
a
11
minor
born
with
46
XX
chromosomes
with
virilization,
46
XY
12
chromosomes
with
undervirilization,
or
having
both
ovarian
13
and
testicular
tissue;
services
provided
to
a
minor
who
has
14
otherwise
been
diagnosed
with
a
disorder
of
sexual
development
15
by
a
physician,
when
the
physician
has
determined
through
16
genetic
or
biochemical
testing
that
the
minor
does
not
have
17
a
normal
sex
chromosome
structure,
sex
steroid
hormone
18
production,
or
sex
steroid
hormone
action
for
a
biological
male
19
or
biological
female;
the
treatment
of
any
infection,
injury,
20
disease,
or
disorder
that
has
been
caused
or
exacerbated
by
21
the
performance
of
gender
transition
procedures,
whether
or
22
not
the
procedures
were
performed
in
accordance
with
state
and
23
federal
law;
any
procedure
undertaken
because
a
minor
suffers
24
from
a
physical
disorder,
physical
injury,
or
physical
illness
25
that
is
certified
by
a
physician
and
that
would
place
the
minor
26
in
imminent
danger
of
death
or
impairment
of
a
major
bodily
27
function
unless
surgery
is
performed.
28
A
violation
of
the
prohibitions
under
the
bill
by
a
health
29
care
professional
is
considered
unprofessional
conduct
and
30
subject
to
licensee
discipline
by
the
appropriate
licensing
31
board
or
entity.
32
The
bill
provides
that
a
person
may
assert
an
actual
33
or
threatened
violation
of
the
bill
as
a
claim
or
defense
34
in
a
judicial
or
administrative
proceeding
and
may
obtain
35
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_____
compensatory
damages,
injunctive
relief,
declaratory
relief,
or
1
any
other
appropriate
relief.
An
action
for
a
violation
of
the
2
bill
must
be
brought
within
two
years
after
the
cause
of
action
3
accrues.
However,
a
minor
may
bring
an
action
during
the
4
minor’s
minority
through
a
parent
or
legal
guardian,
and
may
5
bring
an
action
in
the
minor’s
own
name
upon
reaching
majority
6
and
for
20
years
after
reaching
majority.
7
An
action
may
be
commenced,
and
relief
may
be
granted,
in
8
a
judicial
proceeding
without
regard
to
whether
the
person
9
has
sought
or
exhausted
available
administrative
remedies.
A
10
prevailing
party
may
recover
reasonable
attorney
fees
in
an
11
action
brought
under
the
bill.
12
The
attorney
general
may
bring
an
action
to
enforce
the
bill.
13
The
bill
is
not
to
be
construed
to
deny,
impair,
or
otherwise
14
affect
any
right
or
authority
of
the
attorney
general,
the
15
state,
or
any
agency,
officer,
or
employee
of
the
state
to
16
institute
or
intervene
in
any
proceeding.
17
The
bill
takes
effect
upon
enactment.
18
The
provisions
of
the
bill
prohibiting
certain
practices
19
by
a
health
care
professional
performed
on
a
minor
if
the
20
practice
is
performed
for
the
purpose
of
attempting
to
alter
21
the
appearance
of,
or
affirm
the
minor’s
perception
of,
the
22
minor’s
gender
or
sex,
if
that
appearance
or
perception
is
23
inconsistent
with
the
minor’s
sex,
are
applicable
180
days
24
after
the
effective
date
of
the
bill.
25
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