Kansas 2023-2024 Regular Session

Kansas Senate Bill SB353

Introduced
1/17/24  
Refer
1/18/24  

Caption

Creating a civil cause of action against a physician who performs childhood gender reassignment service and requiring revocation of a physician's license who performs childhood gender reassignment service.

Impact

If passed, SB353 would have substantial implications on the practice of medicine for minors, particularly regarding gender identity care. The state would impose strict penalties, including mandatory revocation of a physician's medical license for anyone found to have conducted pediatric gender reassignment procedures. This could create a chilling effect on healthcare providers, potentially deterring them from offering any gender-affirming care to young patients and impacting their professional practice across Kansas. Furthermore, the broad definition of what constitutes 'gender reassignment services' could lead to significant legal consequences for physicians and healthcare systems.

Summary

Senate Bill 353, known as the Kansas Child Mutilation Prevention Act, focuses on prohibiting childhood gender reassignment services and establishing a legal framework for civil action against healthcare providers involved in such procedures. The bill defines 'childhood gender reassignment services' as any medical actions aimed at affirming a child's perceived gender that is inconsistent with their sex, including surgeries and hormone treatments. This creates a mechanism for individuals to sue physicians for damages if they receive gender reassignment services during childhood, specifically allowing claims up to five years after reaching the age of 18.

Contention

The bill has sparked notable debate, with proponents arguing that it protects children from irreversible medical procedures and aligns with their views on parental rights and safeguarding child welfare. Critics, however, argue that such legislation could harm transgender youth by denying them access to critical healthcare and support, driven by a lack of understanding regarding gender identity and the complexities of medical treatment. The discourse highlights broader societal debates about gender identity, healthcare autonomy, and the role of government in personal medical decisions.

Companion Bills

No companion bills found.

Previously Filed As

KS SB26

Creating a civil cause of action against a physician who performs childhood gender reassignment service and requiring revocation of a physician's license who performs childhood gender reassignment service.

KS HB2263

Authorizing pharmacy technicians to administer certain vaccines, creating a civil cause of action against a physician and requiring revocation of a physician's license who performs a childhood gender reassignment service.

KS HB576

Gender reassignment surgery or services; prohibit performing or paying for.

KS HB1124

Gender reassignment surgery or services; prohibit performing or paying for.

KS SB2770

Gender reassignment surgery; criminalize performance of upon minors.

KS SB692

Relating to gender reassignment medical services for minors

KS SB233

House Substitute for SB 233 by Committee on Health and Human Services - Enacting the forbidding abuse child transitions act, restricting use of state funds to promote gender transitioning, prohibiting healthcare providers from treating children whose gender identity is inconsistent with the child's sex, authorizing a civil cause of action against healthcare providers for providing such treatments, requiring professional discipline against a healthcare provider 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.

KS SB1045

Minors; gender identity; reassignment; prohibitions

KS HB4922

Establish cause of action upon violation of prohibition of providing gender reassignment or gender altering medication to minor

KS SB12

Enacting the Kansas child mutilation prevention act to criminalize performing gender reassignment surgery or prescription of hormone replacement therapy on certain persons and providing grounds for unprofessional conduct for healing arts licensees.

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