Louisiana 2023 2023 Regular Session

Louisiana House Bill HB648 Comm Sub / Analysis

                    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 Reengrossed 2023 Regular Session	Firment
Abstract:  Establishes the "Stop Harming Our Kids Act" in La. 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 of the following
acts that attempt to alter a minor's appearance in an attempt to validate a minor's perception of his
sex if the minor's perception is inconsistent with his biological sex: 
(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 Dec. 31, 2023.
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 lapse of a 12-year liberative prescription once the minor reaches the age of majority.
(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)
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Delete references to "gender reassignment" from title. 
2. Specify the procedures prohibited in proposed law. 
3. Provide that a person may bring a civil action before the later of the lapse of a 12-year
liberative prescription once the minor reaches the age of majority or within three years
from the time the person discovered or reasonably should have discovered that the injury
or damages were caused by the violation.
4. Make technical corrections.