| 64 | | - | of altering primary or secondary sex characteristics; or55 |
|---|
| 65 | | - | (3) Puberty-blocking medications that are prescribed or administered for the purpose of56 |
|---|
| 66 | | - | delaying or suppressing puberty; provided, however, that puberty-blocking medications57 |
|---|
| 67 | | - | may be prescribed or administered to a minor if:58 |
|---|
| 68 | | - | (A) Such minor has been diagnosed with gender dysphoria by two independent59 |
|---|
| 69 | | - | behavioral health professionals, including one licensed psychiatrist and one licensed60 |
|---|
| 70 | | - | psychiatrist or psychologist;61 |
|---|
| 71 | | - | (B) The prescribing physician is a licensed physician who is board certified in62 |
|---|
| 72 | | - | pediatrics and board certified in either pediatric endocrinology or adolescent medicine63 |
|---|
| 73 | | - | and, prior to prescribing or administering any puberty-blocking medications, has64 |
|---|
| 74 | | - | conducted a comprehensive assessment of such minor's medical history, mental health,65 |
|---|
| 75 | | - | and any underlying conditions, such as autism spectrum disorder;66 |
|---|
| 76 | | - | (C) All parents or legal guardians who have the legal authority to make such decisions67 |
|---|
| 77 | | - | on such minor's behalf provide written informed consent acknowledging the potential68 |
|---|
| 78 | | - | risks and benefits of and alternatives to puberty-blocking medications; provided,69 |
|---|
| 79 | | - | S. B. 30 (SUB) |
|---|
| 80 | | - | - 3 - 25 LC 52 0854S |
|---|
| 81 | | - | however, that, if such parents or legal guardians do not consent to the prescription or70 |
|---|
| 82 | | - | administration of puberty-blocking medications to such minor and resolution is not71 |
|---|
| 83 | | - | provided in a parenting plan, either party may petition a court of competent jurisdiction72 |
|---|
| 84 | | - | to determine what is in the best interest of such minor and such court order shall be73 |
|---|
| 85 | | - | provided to the prescribing physician;74 |
|---|
| 86 | | - | (D) The prescribing physician submits an annual treatment progress report to the75 |
|---|
| 87 | | - | Georgia Composite Medical Board for review; and76 |
|---|
| 88 | | - | (E) Such minor undergoes quarterly psychological counseling throughout the course77 |
|---|
| 89 | | - | of such treatment.78 |
|---|
| 90 | | - | (b)(c) The provisions of subsection (a) (b) of this Code section shall not apply to treatment79 |
|---|
| 91 | | - | provided pursuant to an exception contained in subsection (b) (c) of Code80 |
|---|
| 92 | | - | Section 43-34-15.81 |
|---|
| 93 | | - | (c)(d) The department shall establish sanctions, by rule and regulation, for violations of82 |
|---|
| 94 | | - | this Code section up to and including the revocation of an institution's permit issued83 |
|---|
| 95 | | - | pursuant to Code Section 31-7-3.84 |
|---|
| 96 | | - | (e) A minor's parent or legal guardian who has the legal authority to consent to medical85 |
|---|
| 97 | | - | treatment on behalf of such minor may bring a civil action against an institution in which86 |
|---|
| 98 | | - | a procedure or treatment is performed on or prescribed or administered to such minor in87 |
|---|
| 99 | | - | violation of this Code section, provided that such civil action shall be brought within two88 |
|---|
| 100 | | - | years of the date on which the violation occurred. An institution shall not be subject to89 |
|---|
| 101 | | - | civil liability under this Code section for the prescription or administration of90 |
|---|
| 102 | | - | puberty-blocking medications in accordance with the conditions provided for in91 |
|---|
| 103 | | - | subparagraphs (b)(3)(A) through (b)(3)(E) of this Code section."92 |
|---|
| 104 | | - | SECTION 2.93 |
|---|
| 105 | | - | Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the94 |
|---|
| 106 | | - | Georgia Composite Medical Board, is amended by revising Code Section 43-34-15, relating95 |
|---|
| 107 | | - | S. B. 30 (SUB) |
|---|
| 108 | | - | - 4 - 25 LC 52 0854S |
|---|
| 109 | | - | to prohibition on certain therapies and procedures for treatment of gender dysphoria in96 |
|---|
| 110 | | - | minors, regulations, exceptions, and accountability, as follows:97 |
|---|
| 111 | | - | "43-34-15.98 |
|---|
| 112 | | - | (a) As used in this Code section, the term:99 |
|---|
| 113 | | - | (1) 'Hormone therapy' means therapy that adds, blocks, or removes hormones for the100 |
|---|
| 114 | | - | purpose of assisting a minor with attempting to alter such minor's sex or to alter the101 |
|---|
| 115 | | - | appearance of and affirm such minor's perception of his or her sex if such appearance and102 |
|---|
| 116 | | - | perception are inconsistent with such minor's sex. Such term includes, but is not limited103 |
|---|
| 117 | | - | to, the provision of supraphysiologic estrogen or progesterone to a minor who is a male104 |
|---|
| 118 | | - | or supraphysiologic testosterone to a minor who is a female, whether such hormones are105 |
|---|
| 119 | | - | biological, bioidentical, or synthetic.106 |
|---|
| 120 | | - | (2) 'Puberty-blocking medication' means medication, whether biological, bioidentical,107 |
|---|
| 121 | | - | or synthetic, used to delay or suppress pubertal development in a minor for the purpose108 |
|---|
| 122 | | - | of assisting such minor with attempting to alter such minor's sex or to alter the109 |
|---|
| 123 | | - | appearance of and affirm such minor's perception of his or her sex if such appearance and110 |
|---|
| 124 | | - | perception are inconsistent with such minor's sex. Such term includes111 |
|---|
| 125 | | - | gonadotropin-releasing hormone analogues or other synthetic drugs used in males to stop112 |
|---|
| 126 | | - | luteinizing hormone secretion, and therefore testosterone production, and synthetic drugs113 |
|---|
| 127 | | - | used in females to stop the production of estrogen and progesterone.114 |
|---|
| 128 | | - | (3) 'Sex' means the biological state of being male or female, in the context of115 |
|---|
| 129 | | - | reproductive potential or capacity, based on an individual's sex organs, chromosomes,116 |
|---|
| 130 | | - | naturally occurring sex hormones, gonads, and internal and external genitalia present at117 |
|---|
| 131 | | - | birth, including secondary sex characteristics.118 |
|---|
| 132 | | - | (4) 'Sex reassignment surgery' means any surgical procedure that seeks to surgically alter119 |
|---|
| 133 | | - | or remove healthy or nondiseased physical or anatomical characteristics or features that120 |
|---|
| 134 | | - | are typical for an individual's sex in order to instill or create physiological or anatomical121 |
|---|
| 135 | | - | characteristics that resemble a sex different from a minor's sex. Such term means genital122 |
|---|
| 136 | | - | S. B. 30 (SUB) |
|---|
| 137 | | - | - 5 - 25 LC 52 0854S |
|---|
| 138 | | - | or nongenital surgery performed for the purpose of assisting a minor with attempting to123 |
|---|
| 139 | | - | alter such minor's sex or to alter the appearance of and affirm such minor's perception of124 |
|---|
| 140 | | - | his or her sex if such appearance and perception are inconsistent with such minor's sex. 125 |
|---|
| 141 | | - | Such term includes, but is not limited to, castration, clitorectomy, clitoroplasty,126 |
|---|
| 142 | | - | hysterectomy, mammoplasty, mastectomy, metoidioplasty, oophorectomy, orchiectomy,127 |
|---|
| 143 | | - | penectomy, phalloplasty, vaginectomy, vaginoplasty, vasectomy, and vulvoplasty.128 |
|---|
| 144 | | - | (a)(b) Except as otherwise provided in subsection (b) (c) of this Code section, the129 |
|---|
| 145 | | - | following irreversible procedures and therapies performed on a minor for the treatment of130 |
|---|
| 146 | | - | gender dysphoria are prohibited irreversible or reversible treatments shall not be performed131 |
|---|
| 147 | | - | on and shall not be prescribed or administered to a minor by a physician if such procedure132 |
|---|
| 148 | | - | or treatment is performed, prescribed, or administered for the purpose of attempting to alter133 |
|---|
| 149 | | - | the appearance of and affirm such minor's perception of his or her sex if such appearance134 |
|---|
| 150 | | - | and perception are inconsistent with such minor's sex in this state:135 |
|---|
| 151 | | - | (1) Sex reassignment surgeries, or any other surgical procedures, that are performed for136 |
|---|
| 152 | | - | the purpose of altering primary or secondary sexual sex characteristics; and137 |
|---|
| 153 | | - | (2) Hormone replacement therapies that are prescribed or administered for the purpose138 |
|---|
| 154 | | - | of altering primary or secondary sex characteristics; or139 |
|---|
| 155 | | - | (3) Puberty-blocking medications that are prescribed or administered for the purpose of140 |
|---|
| 156 | | - | delaying or suppressing puberty; provided, however, that puberty-blocking medications141 |
|---|
| 157 | | - | may be prescribed or administered to a minor if:142 |
|---|
| 158 | | - | (A) Such minor has been diagnosed with gender dysphoria by two independent143 |
|---|
| 159 | | - | behavioral health professionals, including one licensed psychiatrist and one licensed144 |
|---|
| 160 | | - | psychiatrist or psychologist;145 |
|---|
| 161 | | - | (B) The prescribing physician is a licensed physician who is board certified in146 |
|---|
| 162 | | - | pediatrics and board certified in either pediatric endocrinology or adolescent medicine147 |
|---|
| 163 | | - | and, prior to prescribing or administering any puberty-blocking medications, has148 |
|---|
| 164 | | - | S. B. 30 (SUB) |
|---|
| 165 | | - | - 6 - 25 LC 52 0854S |
|---|
| 166 | | - | conducted a comprehensive assessment of such minor's medical history, mental health,149 |
|---|
| 167 | | - | and any underlying conditions, such as autism spectrum disorder;150 |
|---|
| 168 | | - | (C) All parents or legal guardians who have the legal authority to make such decisions151 |
|---|
| 169 | | - | on such minor's behalf provide written informed consent acknowledging the potential152 |
|---|
| 170 | | - | risks and benefits of and alternatives to puberty-blocking medications; provided,153 |
|---|
| 171 | | - | however, that, if such parents or legal guardians do not consent to the prescription or154 |
|---|
| 172 | | - | administration of puberty-blocking medications to such minor and resolution is not155 |
|---|
| 173 | | - | provided in a parenting plan, either party may petition a court of competent jurisdiction156 |
|---|
| 174 | | - | to determine what is in the best interest of such minor and such court order shall be157 |
|---|
| 175 | | - | provided to the prescribing physician;158 |
|---|
| 176 | | - | (D) The prescribing physician submits an annual treatment progress report to the159 |
|---|
| 177 | | - | Georgia Composite Medical Board for review; and160 |
|---|
| 178 | | - | (E) Such minor undergoes quarterly psychological counseling throughout the course161 |
|---|
| 179 | | - | of such treatment.162 |
|---|
| 180 | | - | (b)(c) The board shall adopt rules and regulations regarding the prohibitions contained in163 |
|---|
| 181 | | - | subsection (a) (b) of this Code section, which shall contain limited exceptions for:164 |
|---|
| 182 | | - | (1) Treatments for medical conditions other than gender dysphoria or for the purpose of165 |
|---|
| 183 | | - | sex reassignment where such treatments are deemed medically necessary;166 |
|---|
| 184 | | - | (2) Treatments for individuals born with a medically verifiable disorder of sex167 |
|---|
| 185 | | - | development, including individuals born with ambiguous genitalia or chromosomal168 |
|---|
| 186 | | - | abnormalities resulting in ambiguity regarding the individual's biological sex;169 |
|---|
| 187 | | - | (3) Treatments for individuals with partial androgen insensitivity syndrome; and170 |
|---|
| 188 | | - | (4) Continued treatment of minors who are, prior to July 1, 2023, being treated with171 |
|---|
| 189 | | - | irreversible hormone replacement therapies;172 |
|---|
| 190 | | - | (5) Continued treatment of minors who are, prior to July 1, 2025, being treated with173 |
|---|
| 191 | | - | puberty-blocking medications; provided, however, that the conditions provided for in174 |
|---|
| 192 | | - | S. B. 30 (SUB) |
|---|
| 193 | | - | - 7 - 25 LC 52 0854S |
|---|
| 194 | | - | subparagraphs (b)(3)(A) and (b)(3)(B) of this Code section shall not be required to be175 |
|---|
| 195 | | - | satisfied; and176 |
|---|
| 196 | | - | (6) Other treatments consistent with the provisions of this Code section.177 |
|---|
| 197 | | - | (c)(d) A licensed physician who violates this Code section shall be held administratively178 |
|---|
| 198 | | - | accountable to the board for such violation.179 |
|---|
| 199 | | - | (e) A minor's parent or legal guardian who has the legal authority to consent to medical180 |
|---|
| 200 | | - | treatment on behalf of such minor may bring a civil action against a physician who181 |
|---|
| 201 | | - | performed, prescribed, or administered a procedure or treatment on such minor in violation182 |
|---|
| 202 | | - | of this Code section, provided that such civil action shall be brought within two years of183 |
|---|
| 203 | | - | the date on which the violation occurred. A physician shall not be subject to civil liability184 |
|---|
| 204 | | - | under this Code section for prescribing or administering puberty-blocking medications in185 |
|---|
| 205 | | - | accordance with the conditions provided for in subparagraphs (b)(3)(A) through (b)(3)(E)186 |
|---|
| 206 | | - | of this Code section."187 |
|---|
| 207 | | - | SECTION 3.188 |
|---|
| 208 | | - | All laws and parts of laws in conflict with this Act are repealed.189 |
|---|
| 209 | | - | S. B. 30 (SUB) |
|---|
| 210 | | - | - 8 - |
|---|
| 68 | + | of altering primary or secondary sex characteristics or puberty-blocking medications that55 |
|---|
| 69 | + | are prescribed or administered for the purpose of delaying or suppressing puberty.56 |
|---|
| 70 | + | (b)(c) The provisions of subsection (a)(b) of this Code section shall not apply to treatment57 |
|---|
| 71 | + | provided pursuant to an exception contained in subsection (b)(c) of Code Section 43-34-15.58 |
|---|
| 72 | + | (c)(d) The department shall establish sanctions, by rule and regulation, for violations of59 |
|---|
| 73 | + | this Code section up to and including the revocation of an institution's permit issued60 |
|---|
| 74 | + | pursuant to Code Section 31-7-3.61 |
|---|
| 75 | + | (e) Nothing in this Code section shall preclude a parent or guardian of a minor on or to62 |
|---|
| 76 | + | whom a procedure or treatment is performed, prescribed, or administered in violation of63 |
|---|
| 77 | + | this Code section from seeking civil or criminal remedy under any other provision of law."64 |
|---|
| 78 | + | SECTION 2.65 |
|---|
| 79 | + | Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the66 |
|---|
| 80 | + | Georgia Composite Medical Board, is amended by revising Code Section 43-34-15, relating67 |
|---|
| 81 | + | S. B. 30 |
|---|
| 82 | + | - 3 - 25 LC 52 0659 |
|---|
| 83 | + | to prohibition on certain therapies and procedures for treatment of gender dysphoria in |
|---|
| 84 | + | 68 |
|---|
| 85 | + | minors, regulations, exceptions, and accountability, as follows:69 |
|---|
| 86 | + | "43-34-15.70 |
|---|
| 87 | + | (a) As used in this Code section, the term: |
|---|
| 88 | + | 71 |
|---|
| 89 | + | (1) 'Hormone therapy' means therapy that adds, blocks, or removes hormones for the72 |
|---|
| 90 | + | purpose of assisting a minor with attempting to alter such minor's sex or to alter the73 |
|---|
| 91 | + | appearance of or affirm such minor's perception of his or her sex if such appearance or74 |
|---|
| 92 | + | perception is inconsistent with such minor's sex. Such term includes, but is not limited75 |
|---|
| 93 | + | to, the provision of supraphysiologic estrogen or progesterone to a minor who is a male76 |
|---|
| 94 | + | or supraphysiologic testosterone to a minor who is a female, whether such hormones are77 |
|---|
| 95 | + | biological, bioidentical, or synthetic.78 |
|---|
| 96 | + | (2) 'Puberty-blocking medication' means medication, whether biological, bioidentical,79 |
|---|
| 97 | + | or synthetic, used to delay or suppress pubertal development in a minor for the purpose80 |
|---|
| 98 | + | of assisting such minor with attempting to alter such minor's sex or to alter the81 |
|---|
| 99 | + | appearance of or affirm such minor's perception of his or her sex if such appearance or82 |
|---|
| 100 | + | perception is inconsistent with such minor's sex. Such term includes83 |
|---|
| 101 | + | gonadotropin-releasing hormone analogues or other synthetic drugs used in males to stop84 |
|---|
| 102 | + | luteinizing hormone secretion, and therefore testosterone production, and synthetic drugs85 |
|---|
| 103 | + | used in females to stop the production of estrogen and progesterone.86 |
|---|
| 104 | + | (3) 'Sex' means the biological state of being male or female, in the context of87 |
|---|
| 105 | + | reproductive potential or capacity, based on an individual's sex organs, chromosomes,88 |
|---|
| 106 | + | naturally occurring sex hormones, gonads, and internal and external genitalia present at89 |
|---|
| 107 | + | birth, including secondary sex characteristics.90 |
|---|
| 108 | + | (4) 'Sex reassignment surgery' means any surgical procedure that seeks to surgically alter91 |
|---|
| 109 | + | or remove healthy or nondiseased physical or anatomical characteristics or features that92 |
|---|
| 110 | + | are typical for an individual's sex in order to instill or create physiological or anatomical93 |
|---|
| 111 | + | characteristics that resemble a sex different from a minor's sex. Such term means genital94 |
|---|
| 112 | + | S. B. 30 |
|---|
| 113 | + | - 4 - 25 LC 52 0659 |
|---|
| 114 | + | or nongenital surgery performed for the purpose of assisting a minor with attempting to95 |
|---|
| 115 | + | alter such minor's sex or to alter the appearance of or affirm such minor's perception of96 |
|---|
| 116 | + | his or her sex if such appearance or perception is inconsistent with such minor's sex. 97 |
|---|
| 117 | + | Such term includes, but is not limited to, castration, clitorectomy, clitoroplasty,98 |
|---|
| 118 | + | hysterectomy, mammoplasty, mastectomy, metoidioplasty, oophorectomy, orchiectomy,99 |
|---|
| 119 | + | penectomy, phalloplasty, vaginectomy, vaginoplasty, vasectomy, and vulvoplasty.100 |
|---|
| 120 | + | (a)(b) Except as otherwise provided in subsection (b)(c) of this Code section, the following101 |
|---|
| 121 | + | irreversible procedures and irreversible or reversible treatments therapies performed on a102 |
|---|
| 122 | + | minor for the treatment of gender dysphoria or prescribed or administered to a minor if103 |
|---|
| 123 | + | such procedure or treatment is performed, prescribed, or administered for the purpose of104 |
|---|
| 124 | + | attempting to alter the appearance of or affirm such minor's perception of his or her sex if105 |
|---|
| 125 | + | such appearance or perception is inconsistent with such minor's sex are prohibited in this106 |
|---|
| 126 | + | state:107 |
|---|
| 127 | + | (1) Sex reassignment surgeries, or any other surgical procedures, that are performed for108 |
|---|
| 128 | + | the purpose of altering primary or secondary sexual sex characteristics; and109 |
|---|
| 129 | + | (2) Hormone replacement therapies that are prescribed or administered for the purpose110 |
|---|
| 130 | + | of altering primary or secondary sex characteristics or puberty-blocking medications that111 |
|---|
| 131 | + | are prescribed or administered for the purpose of delaying or suppressing puberty.112 |
|---|
| 132 | + | (b)(c) The board shall adopt rules and regulations regarding the prohibitions contained in113 |
|---|
| 133 | + | subsection (a)(b) of this Code section, which shall contain limited exceptions for:114 |
|---|
| 134 | + | (1) Treatments for medical conditions other than gender dysphoria or for the purpose of115 |
|---|
| 135 | + | sex reassignment where such treatments are deemed medically necessary;116 |
|---|
| 136 | + | (2)(1) Treatments for individuals born with a medically verifiable disorder of sex117 |
|---|
| 137 | + | development, including individuals born with ambiguous genitalia or chromosomal118 |
|---|
| 138 | + | abnormalities resulting in ambiguity regarding the individual's biological sex; and119 |
|---|
| 139 | + | (3)(2) Treatments for individuals with partial androgen insensitivity syndrome; and120 |
|---|
| 140 | + | S. B. 30 |
|---|
| 141 | + | - 5 - 25 LC 52 0659 |
|---|
| 142 | + | (4) Continued treatment of minors who are, prior to July 1, 2023, being treated with121 |
|---|
| 143 | + | irreversible hormone replacement therapies.122 |
|---|
| 144 | + | (c)(d) A licensed physician who violates this Code section shall be held administratively123 |
|---|
| 145 | + | accountable to the board for such violation.124 |
|---|
| 146 | + | (e) Nothing in this Code section shall preclude a parent or guardian of a minor on or to125 |
|---|
| 147 | + | whom a procedure or treatment is performed, prescribed, or administered in violation of126 |
|---|
| 148 | + | this Code section from seeking civil or criminal remedy under any other provision of law."127 |
|---|
| 149 | + | SECTION 3.128 |
|---|
| 150 | + | All laws and parts of laws in conflict with this Act are repealed.129 |
|---|
| 151 | + | S. B. 30 |
|---|
| 152 | + | - 6 - |
|---|