HLS 23RS-1593 ORIGINAL
2023 Regular Session
HOUSE BILL NO. 648 (Substitute for House Bill No. 463 by Representative Firment)
BY REPRESENTATIVE FIRMENT
HEALTH/CHILDREN: Prohibits certain procedures to alter the sex of a minor child
1 AN ACT
2To enact Part IX of Chapter 5-A of Title 40 of the Louisiana Revised Statutes of 1950, to be
3 comprised of R.S. 40:1098.1 through 1098.4, relative to gender reassignment
4 procedures; to provide for definitions; to exclude certain services, treatments, and
5 procedures relative to gender reassignment; to provide certain restrictions for
6 healthcare professionals; to establish disciplinary procedures; to provide for legal
7 remedies; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. Part IX of Chapter 5-A of Title 40 of the Louisiana Revised Statutes of
101950, comprised of R.S. 40:1098.1 through 1098.4, is hereby enacted to read as follows:
11 PART IX. THE STOP HARMING OUR KIDS ACT
12 §1098.1. Definitions
13 For the purposes of this Part, the following terms have the meaning ascribed
14 to them unless the context clearly indicates otherwise:
15 (1) "Healthcare professional" has the same meaning as the term is defined
16 in R.S. 14:34.8.
17 (2) "Minor" means any person under the age of eighteen.
18 (3) "Sex" means the biological indication of male and female, as evidenced
19 by sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous
20 internal and external genitalia present at birth.
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1 §1098.2. Healthcare professionals; restrictions
2 A. A healthcare professional shall not knowingly engage in any act that
3 attempts to alter a minor's appearance or to validate a minor's perception of his sex
4 if the minor's perception is inconsistent with his sex, including but not limited to any
5 of the following:
6 (1) The prescription or administration of gonadotropin-releasing hormone
7 analogues or other synthetic drugs used to stop luteinizing hormone and follicle
8 stimulating hormone secretion, synthetic antiandrogen drugs used to block the
9 androgen receptor, or any drug to suppress or delay normal puberty.
10 (2) The prescription or administration of testosterone, estrogen, or
11 progesterone, in amounts greater than would normally be produced endogenously in
12 a healthy individual of the same age and sex.
13 (3) The performance of any sterilizing surgery, including but not limited to
14 castration, hysterectomy, oophorectomy, orchiectomy, penectomy, and vasectomy.
15 (4) The performance of any surgery that artificially constructs tissue having
16 the appearance of genitalia differing from the minor's sex, including metoidioplasty,
17 phalloplasty, and vaginoplasty.
18 (5) The removal of any healthy or non-diseased body part or tissue.
19 (6) The performance of augmentation mammoplasty, facial feminization
20 surgery, liposuction, lipofilling, pectoral implants, voice surgery, thyroid cartilage
21 reduction, gluteal augmentation, hair reconstruction, or any aesthetic surgical
22 procedure.
23 B. The prohibitions of this Part shall not limit or restrict the provision of
24 services to any of the following:
25 (1) A minor born with a medically verifiable disorder of sex development,
26 including but not limited to external sex characteristics that are irresolvably
27 ambiguous.
28 (2) A minor diagnosed with a disorder of sexual development, if a healthcare
29 provider has determined, through genetic or biochemical testing, that the minor does
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1 not have a sex chromosome structure, sex steroid hormone production, or sex steroid
2 hormone action, that is normal for a biological male or biological female.
3 (3) A minor needing treatment for an infection, injury, disease, or disorder
4 that has been caused or exacerbated by any action or procedure prohibited by this
5 Part.
6 (4) A minor suffering from a physical disorder, physical injury, or physical
7 illness that is certified by a healthcare provider and that would place the individual
8 in imminent danger of death or impairment of major bodily function unless surgery
9 is performed.
10 C. If, prior to July 1, 2023, a healthcare professional has initiated a course
11 of treatment, for a minor, which includes the prescription or administration of any
12 drug or hormone prohibited by this Part, and if the healthcare professional
13 determines and documents in the minor's medical record that immediately
14 terminating the minor's use of the drug or hormone would cause harm to the minor,
15 the healthcare professional may institute a period during which the minor's use of the
16 drug or hormone is systematically reduced and discontinued. The period may not
17 extend beyond December 31, 2023.
18 §1098.3. Healthcare professionals; disciplinary actions
19 If a professional or occupational licensing board finds, by a preponderance
20 of the evidence, that a healthcare professional licensed or certified by the board has
21 violated the provisions of this Part, the board shall revoke any professional or
22 occupational license or certificate held by the healthcare professional for a minimum
23 of two years.
24 §1098.4. Legal remedies
25 A. A person may bring a civil action for damages, injunctive or declaratory
26 relief, attorney fees, and any other appropriate remedies for injury suffered as a result
27 of a violation of this Part. A civil action shall be commenced before the later of
28 either of the following:
29 (1) The date on which the person reaches the age of forty.
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1 (2) Within three years from the time the person discovered or reasonably
2 should have discovered that the injury or damages were caused by the violation.
3 B. The attorney general may bring an action to enforce compliance with this
4 Part. Nothing in this Part shall be construed to deny, impair, or otherwise affect any
5 right or authority of the attorney general, the state, or any agency, officer, or
6 employee of the state to institute or intervene in any proceeding.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 648 Original 2023 Regular Session Firment
Abstract: Establishes the "Stop Harming Our Kids Act" in Louisiana and prohibits
procedures that alter the gender of minors.
Proposed law defines "minor" as any person under the age of 18.
Proposed law defines "sex" as the biological indication of male and female, as evidenced by
sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal
and external genitalia present at birth.
Proposed law retains the definition of "healthcare professional" in present law.
Proposed law prohibits healthcare professionals from knowingly committing any act that
attempts to alter a minor's appearance or to validate a minor's perception of his sex if the
minor's perception is inconsistent with his biological sex.
The prohibited acts provided in proposed law include but are not limited to the following:
(1) The prescription or administration of gonadotropin-releasing hormone analogues or
other synthetic drugs.
(2) The prescription or administration of testosterone, estrogen, or progesterone, in
amounts greater than would naturally be produced.
(3) The performance of any sterilizing surgery.
(4) The performance of any surgery that artificially constructs tissue having the
appearance of genitalia differing from the minor's biological sex.
(5) The removal of any healthy or non-diseased body part or tissue.
(6) The performance of any aesthetic surgical procedure.
Proposed law provides that if a healthcare professional has initiated a course of treatment
for a minor that violates the provisions of proposed law prior to July 1, 2023, the healthcare
professional may institute a period during which the minor's use of the drug or hormone is
systematically reduced and discontinued. Proposed law further provides that the period may
not extend beyond December 31, 2023.
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Proposed law provides that if a professional or occupational licensing board finds that a
healthcare professional licensed or certified by the board has violated the provisions of
proposed law, the board shall revoke any professional or occupational license or certificate
held by the healthcare professional for a minimum of two years.
Proposed law provides that a person may bring a civil action for any injury suffered as a
result of a violation of proposed law. Proposed law further provides that the civil action
shall be commenced before the later of either of the following:
(1)The date on which the person reaches the age of 40.
(2)Within three years from the time the person discovered or reasonably should have
discovered that the injury or damages were caused by the violation.
Proposed law provides that the attorney general may bring an action to enforce compliance
with proposed law.
(Adds R.S. 40:1098.1-1098.4)
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