25 LC 52 0854S The House Committee on Public and Community Health offers the following substitute to SB 30: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 7 of Title 31 and Article 1 of Chapter 34 of Title 43 of the1 Official Code of Georgia Annotated, relating to regulation of hospitals and related2 institutions and the Georgia Composite Medical Board, respectively, so as to prohibit3 prescribing or administering certain hormone therapies and puberty-blocking medications4 for certain purposes to minors; to provide for definitions; to provide for exceptions; to5 provide for limited civil actions; to provide for related matters; to repeal conflicting laws; and6 for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to10 regulation of hospitals and related institutions, is amended by revising Code Section11 31-7-3.5, relating to treatment of minors for gender dysphoria and penalty for violations, as12 follows:13 "31-7-3.5.14 (a) As used in this Code section, the term:15 S. B. 30 (SUB) - 1 - 25 LC 52 0854S (1) 'Hormone therapy' means therapy that adds, blocks, or removes hormones for the16 purpose of assisting a minor with attempting to alter such minor's sex or to alter the17 appearance of and affirm such minor's perception of his or her sex if such appearance and18 perception are inconsistent with such minor's sex. Such term includes, but is not limited19 to, the provision of supraphysiologic estrogen or progesterone to a minor who is male or20 supraphysiologic testosterone to a minor who is female, whether such hormones are21 biological, bioidentical, or synthetic.22 (2) 'Puberty-blocking medication' means medication, whether biological, bioidentical,23 or synthetic, used to delay or suppress pubertal development in a minor for the purpose24 of assisting such minor with attempting to alter such minor's sex or to alter the25 appearance of and affirm such minor's perception of his or her sex if such appearance and26 perception are inconsistent with such minor's sex. Such term includes27 gonadotropin-releasing hormone analogues or other synthetic drugs used in males to stop28 luteinizing hormone secretion, and therefore testosterone production, and synthetic drugs29 used in females to stop the production of estrogen and progesterone.30 (3) 'Sex' means the biological state of being male or female, in the context of31 reproductive potential or capacity, based on an individual's sex organs, chromosomes,32 naturally occurring sex hormones, gonads, and internal and external genitalia present at33 birth, including secondary sex characteristics.34 (4) 'Sex reassignment surgery' means any surgical procedure that seeks to surgically alter35 or remove healthy or nondiseased physical or anatomical characteristics or features that36 are typical for an individual's sex in order to instill or create physiological or anatomical37 characteristics that resemble a sex different from a minor's sex. Such term means genital38 or nongenital surgery performed for the purpose of assisting a minor with attempting to39 alter such minor's sex or to alter the appearance of and affirm such minor's perception of40 his or her sex if such appearance and perception are inconsistent with such minor's sex. 41 Such term includes, but is not limited to, castration, clitorectomy, clitoroplasty,42 S. B. 30 (SUB) - 2 - 25 LC 52 0854S hysterectomy, mammoplasty, mastectomy, metoidioplasty, oophorectomy, orchiectomy,43 penectomy, phalloplasty, vaginectomy, vaginoplasty, vasectomy, and vulvoplasty.44 (a)(b) Except as provided in subsection (b) (c) of this Code section, none of the following45 irreversible procedures or therapies irreversible or reversible treatments shall not be46 performed on a minor for the treatment of gender dysphoria and shall not be prescribed or47 administered to a minor if such procedure or treatment is performed, prescribed, or48 administered for the purpose of attempting to alter the appearance of and affirm such49 minor's perception of his or her sex if such appearance and perception are inconsistent with50 such minor's sex in an institution licensed pursuant to this article:51 (1) Sex reassignment surgeries, or any other surgical procedures, that are performed for52 the purpose of altering primary or secondary sexual sex characteristics; or53 (2) Hormone replacement therapies that are prescribed or administered for the purpose54 of altering primary or secondary sex characteristics; or55 (3) Puberty-blocking medications that are prescribed or administered for the purpose of56 delaying or suppressing puberty; provided, however, that puberty-blocking medications57 may be prescribed or administered to a minor if:58 (A) Such minor has been diagnosed with gender dysphoria by two independent59 behavioral health professionals, including one licensed psychiatrist and one licensed60 psychiatrist or psychologist;61 (B) The prescribing physician is a licensed physician who is board certified in62 pediatrics and board certified in either pediatric endocrinology or adolescent medicine63 and, prior to prescribing or administering any puberty-blocking medications, has64 conducted a comprehensive assessment of such minor's medical history, mental health,65 and any underlying conditions, such as autism spectrum disorder;66 (C) All parents or legal guardians who have the legal authority to make such decisions67 on such minor's behalf provide written informed consent acknowledging the potential68 risks and benefits of and alternatives to puberty-blocking medications; provided,69 S. B. 30 (SUB) - 3 - 25 LC 52 0854S however, that, if such parents or legal guardians do not consent to the prescription or70 administration of puberty-blocking medications to such minor and resolution is not71 provided in a parenting plan, either party may petition a court of competent jurisdiction72 to determine what is in the best interest of such minor and such court order shall be73 provided to the prescribing physician;74 (D) The prescribing physician submits an annual treatment progress report to the75 Georgia Composite Medical Board for review; and76 (E) Such minor undergoes quarterly psychological counseling throughout the course77 of such treatment.78 (b)(c) The provisions of subsection (a) (b) of this Code section shall not apply to treatment79 provided pursuant to an exception contained in subsection (b) (c) of Code80 Section 43-34-15.81 (c)(d) The department shall establish sanctions, by rule and regulation, for violations of82 this Code section up to and including the revocation of an institution's permit issued83 pursuant to Code Section 31-7-3.84 (e) A minor's parent or legal guardian who has the legal authority to consent to medical85 treatment on behalf of such minor may bring a civil action against an institution in which86 a procedure or treatment is performed on or prescribed or administered to such minor in87 violation of this Code section, provided that such civil action shall be brought within two88 years of the date on which the violation occurred. An institution shall not be subject to89 civil liability under this Code section for the prescription or administration of90 puberty-blocking medications in accordance with the conditions provided for in91 subparagraphs (b)(3)(A) through (b)(3)(E) of this Code section."92 SECTION 2.93 Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the94 Georgia Composite Medical Board, is amended by revising Code Section 43-34-15, relating95 S. B. 30 (SUB) - 4 - 25 LC 52 0854S to prohibition on certain therapies and procedures for treatment of gender dysphoria in96 minors, regulations, exceptions, and accountability, as follows:97 "43-34-15.98 (a) As used in this Code section, the term:99 (1) 'Hormone therapy' means therapy that adds, blocks, or removes hormones for the100 purpose of assisting a minor with attempting to alter such minor's sex or to alter the101 appearance of and affirm such minor's perception of his or her sex if such appearance and102 perception are inconsistent with such minor's sex. Such term includes, but is not limited103 to, the provision of supraphysiologic estrogen or progesterone to a minor who is a male104 or supraphysiologic testosterone to a minor who is a female, whether such hormones are105 biological, bioidentical, or synthetic.106 (2) 'Puberty-blocking medication' means medication, whether biological, bioidentical,107 or synthetic, used to delay or suppress pubertal development in a minor for the purpose108 of assisting such minor with attempting to alter such minor's sex or to alter the109 appearance of and affirm such minor's perception of his or her sex if such appearance and110 perception are inconsistent with such minor's sex. Such term includes111 gonadotropin-releasing hormone analogues or other synthetic drugs used in males to stop112 luteinizing hormone secretion, and therefore testosterone production, and synthetic drugs113 used in females to stop the production of estrogen and progesterone.114 (3) 'Sex' means the biological state of being male or female, in the context of115 reproductive potential or capacity, based on an individual's sex organs, chromosomes,116 naturally occurring sex hormones, gonads, and internal and external genitalia present at117 birth, including secondary sex characteristics.118 (4) 'Sex reassignment surgery' means any surgical procedure that seeks to surgically alter119 or remove healthy or nondiseased physical or anatomical characteristics or features that120 are typical for an individual's sex in order to instill or create physiological or anatomical121 characteristics that resemble a sex different from a minor's sex. Such term means genital122 S. B. 30 (SUB) - 5 - 25 LC 52 0854S or nongenital surgery performed for the purpose of assisting a minor with attempting to123 alter such minor's sex or to alter the appearance of and affirm such minor's perception of124 his or her sex if such appearance and perception are inconsistent with such minor's sex. 125 Such term includes, but is not limited to, castration, clitorectomy, clitoroplasty,126 hysterectomy, mammoplasty, mastectomy, metoidioplasty, oophorectomy, orchiectomy,127 penectomy, phalloplasty, vaginectomy, vaginoplasty, vasectomy, and vulvoplasty.128 (a)(b) Except as otherwise provided in subsection (b) (c) of this Code section, the129 following irreversible procedures and therapies performed on a minor for the treatment of130 gender dysphoria are prohibited irreversible or reversible treatments shall not be performed131 on and shall not be prescribed or administered to a minor by a physician if such procedure132 or treatment is performed, prescribed, or administered for the purpose of attempting to alter133 the appearance of and affirm such minor's perception of his or her sex if such appearance134 and perception are inconsistent with such minor's sex in this state:135 (1) Sex reassignment surgeries, or any other surgical procedures, that are performed for136 the purpose of altering primary or secondary sexual sex characteristics; and137 (2) Hormone replacement therapies that are prescribed or administered for the purpose138 of altering primary or secondary sex characteristics; or139 (3) Puberty-blocking medications that are prescribed or administered for the purpose of140 delaying or suppressing puberty; provided, however, that puberty-blocking medications141 may be prescribed or administered to a minor if:142 (A) Such minor has been diagnosed with gender dysphoria by two independent143 behavioral health professionals, including one licensed psychiatrist and one licensed144 psychiatrist or psychologist;145 (B) The prescribing physician is a licensed physician who is board certified in146 pediatrics and board certified in either pediatric endocrinology or adolescent medicine147 and, prior to prescribing or administering any puberty-blocking medications, has148 S. B. 30 (SUB) - 6 - 25 LC 52 0854S conducted a comprehensive assessment of such minor's medical history, mental health,149 and any underlying conditions, such as autism spectrum disorder;150 (C) All parents or legal guardians who have the legal authority to make such decisions151 on such minor's behalf provide written informed consent acknowledging the potential152 risks and benefits of and alternatives to puberty-blocking medications; provided,153 however, that, if such parents or legal guardians do not consent to the prescription or154 administration of puberty-blocking medications to such minor and resolution is not155 provided in a parenting plan, either party may petition a court of competent jurisdiction156 to determine what is in the best interest of such minor and such court order shall be157 provided to the prescribing physician;158 (D) The prescribing physician submits an annual treatment progress report to the159 Georgia Composite Medical Board for review; and160 (E) Such minor undergoes quarterly psychological counseling throughout the course161 of such treatment.162 (b)(c) The board shall adopt rules and regulations regarding the prohibitions contained in163 subsection (a) (b) of this Code section, which shall contain limited exceptions for:164 (1) Treatments for medical conditions other than gender dysphoria or for the purpose of165 sex reassignment where such treatments are deemed medically necessary;166 (2) Treatments for individuals born with a medically verifiable disorder of sex167 development, including individuals born with ambiguous genitalia or chromosomal168 abnormalities resulting in ambiguity regarding the individual's biological sex;169 (3) Treatments for individuals with partial androgen insensitivity syndrome; and170 (4) Continued treatment of minors who are, prior to July 1, 2023, being treated with171 irreversible hormone replacement therapies;172 (5) Continued treatment of minors who are, prior to July 1, 2025, being treated with173 puberty-blocking medications; provided, however, that the conditions provided for in174 S. B. 30 (SUB) - 7 - 25 LC 52 0854S subparagraphs (b)(3)(A) and (b)(3)(B) of this Code section shall not be required to be175 satisfied; and176 (6) Other treatments consistent with the provisions of this Code section.177 (c)(d) A licensed physician who violates this Code section shall be held administratively178 accountable to the board for such violation.179 (e) A minor's parent or legal guardian who has the legal authority to consent to medical180 treatment on behalf of such minor may bring a civil action against a physician who181 performed, prescribed, or administered a procedure or treatment on such minor in violation182 of this Code section, provided that such civil action shall be brought within two years of183 the date on which the violation occurred. A physician shall not be subject to civil liability184 under this Code section for prescribing or administering puberty-blocking medications in185 accordance with the conditions provided for in subparagraphs (b)(3)(A) through (b)(3)(E)186 of this Code section."187 SECTION 3.188 All laws and parts of laws in conflict with this Act are repealed.189 S. B. 30 (SUB) - 8 -