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AN ACT relating to correctional facilities. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 197 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Cosmetic service or elective procedure" means any procedure, treatment, 6
or surgery to enhance or alter the appearance of any area of the head, neck, 7
and body, including but not limited to: 8
1. Prescribing or administering cross-sex hormones in amounts greater 9
than would normally be produced endogenously in a healthy person of 10
the same age and sex; and 11
2. Performing any gender reassignment surgery to alter or remove 12
physical or anatomical characteristics or features that are typical for a 13
person’s sex in order to instill or create physiological or anatomical 14
characteristics that resemble a different sex; 15
(b) "Public funds" means any money, regardless of the original source of the 16
money, of: 17
1. The Commonwealth of Kentucky or any department, agency, or 18
instrumentality thereof; 19
2. Any county, city, local school district, or special district, or any 20
department, agency, or instrumentality thereof; and 21
3. Any other political subdivision of the Commonwealth or any 22
department, agency, or instrumentality thereof; and 23
(c) "Sex" means the biological indication of male and female as evidenced by 24
sex chromosomes, naturally occurring sex hormones, gonads, and 25
nonambiguous internal and external genitalia present at birth. 26
(2) Except as provided in subsection (3) of this section, public funds shall not be 27 UNOFFICIAL COPY 25 RS BR 1254
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directly or indirectly used, granted, paid, or distributed for the purpose of 1
providing a cosmetic service or elective procedure to an inmate in a correctional 2
facility. 3
(3) If a health care provider has initiated a course of treatment for an inmate that 4
includes the prescription or administration of any drug or medication for a 5
cosmetic service or elective procedure and the health care provider determines 6
and documents in the inmate’s medical record that immediately terminating use 7
of the drug or medication would cause physical harm to the inmate, the health 8
care provider may institute a period during which the inmate’s use of the drug or 9
hormone is systematically reduced and eliminated. 10