Kansas House Bill HB2791

Kansas 2023-2024 Regular Session

• Introduced: 2/9/24
• Refer: 2/9/24
• Refer: 2/13/24
• Refer: 2/14/24
• Failed: 4/30/24

Caption

Enacting the forbidding abuse child transitions act, restricting use of state funds to promote gender transitioning, prohibiting healthcare professionals from treating children whose gender identity is inconsistent with the child's sex, authorizing a civil cause of action against healthcare professionals for providing such treatments, authorizing professional discipline against a physician who performs such treatment, prohibiting professional liability insurance from covering damages for healthcare providers that provide gender transition treatment to children and adding violation of the act to the definition of unprofessional conduct for physicians and nurses.

Impact

The implications of HB2791 on state laws are significant, as it introduces strict limitations on how healthcare providers deal with minors experiencing gender dysphoria. The bill mandates that any state funds be prohibited from being used to subsidize or promote such treatments. Additionally, it disallows liability coverage for professionals who provide gender transition procedures, positioning this legislation as a protective measure for children against perceived medical overreach. Should healthcare professionals violate the provisions, they face potential disciplinary actions, including being subject to claims for damages.

Summary

House Bill 2791, known as the Forbidding Abusive Child Transitions Act, seeks to prohibit healthcare professionals from administering treatments to minors whose gender identity does not align with their biological sex. The bill specifically bans procedures that support gender transitioning, including surgeries and hormone therapies, and requires healthcare providers to obtain informed consent from a child's parent or guardian before discussing any treatment options related to gender identity. This legislative measure reflects a growing trend in various states to limit gender-related medical interventions for minors.

Contention

While proponents argue that the bill protects children from irreversible medical procedures, critics raise concerns over the potential for increased psychological harm to children who may be denied appropriate medical care. The bill has become a focal point for broader debates regarding parental rights, medical autonomy, and the rights of transgender youth. Notably, the legislation could invite legal challenges regarding its constitutionality and its alignment with established medical guidelines for treating gender dysphoria in minors.