Bill Text: TX SB1311 | 2021-2022 | 87th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the provision of and professional liability insurance coverage for gender transitioning or gender reassignment medical procedures and treatments for certain children.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2021-05-24 - Referred to Public Health [SB1311 Detail]
Download: Texas-2021-SB1311-Comm_Sub.html
Bill Title: Relating to the provision of and professional liability insurance coverage for gender transitioning or gender reassignment medical procedures and treatments for certain children.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2021-05-24 - Referred to Public Health [SB1311 Detail]
Download: Texas-2021-SB1311-Comm_Sub.html
| By: Hall | S.B. No. 1311 | |
| (In the Senate - Filed March 9, 2021; March 18, 2021, read | ||
| first time and referred to Committee on State Affairs; | ||
| April 19, 2021, reported favorably by the following vote: Yeas 6, | ||
| Nays 2; April 19, 2021, sent to printer.) | ||
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| relating to the provision of and professional liability insurance | ||
| coverage for gender transitioning or gender reassignment medical | ||
| procedures and treatments for certain children. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 161, Health and Safety Code, is amended | ||
| by adding Subchapter X to read as follows: | ||
| SUBCHAPTER X. GENDER TRANSITIONING AND GENDER REASSIGNMENT | ||
| PROCEDURES AND TREATMENTS FOR CERTAIN CHILDREN | ||
| Sec. 161.701. DEFINITIONS. In this subchapter: | ||
| (1) "Child" means an individual who is younger than 18 | ||
| years of age. | ||
| (2) "Health care provider" means a person other than a | ||
| physician who is licensed, certified, or otherwise authorized by | ||
| the laws of this state to provide or render health care or to | ||
| dispense or prescribe a prescription drug in the ordinary course of | ||
| business or practice of a profession. | ||
| (3) "Physician" means a person licensed to practice | ||
| medicine in this state. | ||
| Sec. 161.702. PROHIBITED PROVISION OF GENDER TRANSITIONING | ||
| OR GENDER REASSIGNMENT PROCEDURES AND TREATMENTS TO CERTAIN | ||
| CHILDREN. For the purpose of transitioning a child's biological | ||
| sex as determined by the sex organs, chromosomes, and endogenous | ||
| profiles of the child or affirming the child's perception of the | ||
| child's sex if that perception is inconsistent with the child's | ||
| biological sex, a physician or other health care provider may not: | ||
| (1) perform a surgery that sterilizes the child, | ||
| including: | ||
| (A) castration; | ||
| (B) vasectomy; | ||
| (C) hysterectomy; | ||
| (D) oophorectomy; | ||
| (E) metoidioplasty; | ||
| (F) orchiectomy; | ||
| (G) penectomy; | ||
| (H) phalloplasty; and | ||
| (I) vaginoplasty; | ||
| (2) perform a mastectomy; | ||
| (3) prescribe, administer, or supply any of the | ||
| following medications that induce transient or permanent | ||
| infertility: | ||
| (A) puberty-blocking medication to stop or delay | ||
| normal puberty; | ||
| (B) supraphysiologic doses of testosterone to | ||
| females; or | ||
| (C) supraphysiologic doses of estrogen to males; | ||
| or | ||
| (4) remove any otherwise healthy or non-diseased body | ||
| part or tissue. | ||
| Sec. 161.703. EXCEPTIONS. The prohibitions under Section | ||
| 161.702 do not apply to the provision by a physician or other health | ||
| care provider, with the consent of the child's parent or legal | ||
| guardian, of appropriate and medically necessary gender | ||
| transitioning or gender reassignment procedures or treatments to a | ||
| child who: | ||
| (1) is born with a medically verifiable genetic | ||
| disorder of sex development, including: | ||
| (A) 46, XX chromosomes with virilization; | ||
| (B) 46, XY chromosomes with undervirilization; | ||
| or | ||
| (C) both ovarian and testicular tissue; or | ||
| (2) does not have the normal sex chromosome structure | ||
| for male or female as determined by a physician through genetic | ||
| testing. | ||
| Sec. 161.704. DISCIPLINARY ACTION. The Texas Medical Board | ||
| or another state regulatory agency with jurisdiction over a health | ||
| care provider subject to Section 161.702 shall revoke the license, | ||
| certification, or authorization of a physician or health care | ||
| provider who the board or agency determines has violated that | ||
| section. | ||
| SECTION 2. Subchapter F, Chapter 1901, Insurance Code, is | ||
| amended by adding Section 1901.256 to read as follows: | ||
| Sec. 1901.256. PROHIBITED COVERAGE FOR PROVISION OF CERTAIN | ||
| GENDER-RELATED PROCEDURES AND TREATMENTS TO CERTAIN CHILDREN. A | ||
| professional liability insurance policy issued to a physician or | ||
| health care provider may not include coverage for damages assessed | ||
| against the physician or health care provider who provides to a | ||
| child gender transitioning or gender reassignment procedures or | ||
| treatments that are prohibited by Section 161.702, Health and | ||
| Safety Code. | ||
| SECTION 3. Section 1901.256, Insurance Code, as added by | ||
| this Act, applies only to a medical professional liability | ||
| insurance policy that is delivered, issued for delivery, or renewed | ||
| on or after January 1, 2022. An insurance policy that is delivered, | ||
| issued for delivery, or renewed before January 1, 2022, is governed | ||
| by the law in effect immediately before the effective date of this | ||
| Act, and that law is continued in effect for that purpose. | ||
| SECTION 4. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2021. | ||
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