The enactment of SB 873 will specifically amend Chapter 453 of the Hawaii Revised Statutes to declare that medical practitioners are not allowed to perform surgeries like clitoroplasty, gonadectomy, or vaginoplasty on very young individuals unless there is an urgent medical reason. The intent is to prevent harm caused by surgeries that are done based on societal norms or expectations rather than medical necessity. This is a significant step towards protecting vulnerable populations, particularly children born with intersex variations.
Summary
Senate Bill 873 proposes to prohibit certain medical procedures on individuals born with variations in their physical sex characteristics who are under the age of one, unless those procedures are necessary to address an immediate risk of physical harm. The bill is rooted in concerns about the irreversible physical and psychological damage that can result from nonemergency surgeries performed on young infants, as such procedures often do not have proven benefits. By restricting these surgeries, the bill aims to safeguard the bodily autonomy of these individuals and align with patient-centered care practices.
Contention
Notable points of contention surrounding SB 873 revolve around differing opinions on parents' rights to make medical decisions for their children versus the state's responsibility to protect children's well-being. Supporters of the bill emphasize the potential for long-term harm from unnecessary surgeries and the need for a more humane approach to the medical treatment of intersex children. Critics may argue that such prohibitions could limit medical options available to families and healthcare providers in specific cases where surgery might be deemed beneficial by medical professionals.
To amend part E of title IV of the Social Security Act to require States to prohibit genital surgery on foster children with variations in sex characteristics who are under six years of age as a condition of receiving grants under such part.
Certain surgical procedures being performed on patients under the age of 12 with certain exceptions prohibition and health-related licensing board disciplinary action authorization
Surgical procedures prohibited from being performed on patients under age 12 with certain exceptions, and disciplinary action by health-related licensing boards authorized.