Health care; prohibiting provision of certain services to minor; authorizing certain civil action; authorizing reward of certain damages or relief; creating certain criminal offense and penalty. Effective date.
Impact
The implications of SB 789 on state law are profound, as it alters the existing framework surrounding consent for medical procedures involving minors. The elimination of parental consent for gender transition surgeries entails potential legal consequences for parents, including claims of child abuse in specific circumstances. This bill creates a legal avenue for minors to seek damages related to reproductive health, effectively shifting responsibility and accountability for healthcare decisions from guardians to the state and medical providers.
Summary
Senate Bill 789 prohibits healthcare professionals from providing gender transition surgery to individuals under the age of eighteen. It establishes that consent cannot be given by a parent or legal guardian for such procedures, setting a significant legal precedent regarding healthcare for minors. Furthermore, the bill offers a mechanism for civil action that allows individuals who underwent the surgery as minors to sue their parents or guardians. Eligible plaintiffs can bring an action either throughout their minority through a different parent or in their own name upon reaching adulthood.
Contention
The bill has generated significant debate among lawmakers, stakeholders, and advocacy groups. Supporters argue that it is necessary to protect minors from irreversible medical decisions. Opponents assert that it infringes on parental rights and the autonomy of medical decision-making. Concerns have been raised about the potential psychological impact on minors who may have to navigate these legal challenges post-transition, as well as the implications for healthcare providers who could face civil action for performing procedures that they are authorized to conduct under existing laws.
Carry Over
Health care; prohibiting provision of certain services to minor; authorizing certain civil action; authorizing reward of certain damages or relief; creating certain criminal offense and penalty. Effective date.
Health care; prohibiting provision of certain services to minor; authorizing certain civil action; authorizing reward of certain damages or relief; creating certain criminal offense and penalty. Effective date.
Health care; prohibiting provision of certain services to minor; authorizing certain civil action; authorizing reward of certain damages or relief; creating certain criminal offense and penalty. Effective date.
Health care; prohibiting provision of certain services to minor; authorizing certain civil action; authorizing reward of certain damages or relief. Effective date.
Health care; prohibiting provision of certain services to minor; authorizing certain civil action; authorizing reward of certain damages or relief. Effective date.
Health care; prohibiting gender transition procedures for children; authorizing certain civil actions and relief; licensure; adding violations and penalties. Emergency.
Dispositional hearings; authorizing voluntary participation in certain services; prohibiting use of participation in certain services as evidence. Effective date.