1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to health; prohibiting gender-affirming medical care and certain counseling |
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3 | 3 | | 1.3 for minors in the state of Minnesota; establishing penalties for violations; proposing |
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4 | 4 | | 1.4 coding for new law in Minnesota Statutes, chapter 144. |
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5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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6 | 6 | | 1.6 Section 1. [144.041] PROHIBITING GENDER-AFFIRMING MEDICAL CARE |
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7 | 7 | | 1.7AND CERTAIN COUNSELING. |
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8 | 8 | | 1.8 Subdivision 1.Short title.This section may be cited as the "Zywiec Act." |
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9 | 9 | | 1.9 Subd. 2.Definitions.(a) For purposes of this section, the following terms have the |
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10 | 10 | | 1.10meanings given. |
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11 | 11 | | 1.11 (b) "Minor" means an individual under 18 years of age. |
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12 | 12 | | 1.12 (c) "Gender-affirming care" means any medical or surgical intervention, including but |
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13 | 13 | | 1.13not limited to hormone therapy, puberty blockers, or gender reassignment surgery, intended |
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14 | 14 | | 1.14to affirm an individual's perceived gender identity when it differs from their biological sex |
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15 | 15 | | 1.15as determined at birth. |
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16 | 16 | | 1.16 (d) "Health care provider" means any licensed physician, surgeon, nurse practitioner, |
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17 | 17 | | 1.17or other individual authorized to provide medical care under the laws of Minnesota. |
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18 | 18 | | 1.18 (e) "Biological sex" means the sex assigned at birth based on chromosomes, gonads, |
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19 | 19 | | 1.19and genitalia. |
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20 | 20 | | 1.20 (f) "Intersex condition" means a congenital condition in which an individual is born with |
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21 | 21 | | 1.21the reproductive or sexual anatomy that does not fit typical definitions of male or female, |
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22 | 22 | | 1Section 1. |
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23 | 23 | | REVISOR SGS/EN 25-0474103/27/25 |
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24 | 24 | | State of Minnesota |
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25 | 25 | | This Document can be made available |
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26 | 26 | | in alternative formats upon request |
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27 | 27 | | HOUSE OF REPRESENTATIVES |
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28 | 28 | | H. F. No. 3151 |
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29 | 29 | | NINETY-FOURTH SESSION |
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30 | 30 | | Authored by Mekeland, Hudson, Warwas, Knudsen, Dotseth and others04/07/2025 |
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31 | 31 | | The bill was read for the first time and referred to the Committee on Health Finance and Policy 2.1including but not limited to ambiguous genitalia, as diagnosed by a licensed health care |
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32 | 32 | | 2.2provider. |
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33 | 33 | | 2.3 Subd. 3.Prohibition of gender-affirming care and certain counseling for minors.(a) |
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34 | 34 | | 2.4No health care provider shall knowingly provide gender-affirming care to a minor within |
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35 | 35 | | 2.5the state of Minnesota. |
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36 | 36 | | 2.6 (b) No public funds, including medical assistance or other Minnesota health care |
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37 | 37 | | 2.7programs, shall be used to provide gender-affirming care to a minor. |
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38 | 38 | | 2.8 (c) This prohibition does not apply to: |
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39 | 39 | | 2.9 (1) treatment of a minor for a diagnosed medical condition unrelated to gender identity, |
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40 | 40 | | 2.10such as precocious puberty, when such treatment is deemed medically necessary by a licensed |
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41 | 41 | | 2.11health care provider and approved by the minor's legal guardian; |
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42 | 42 | | 2.12 (2) mental health counseling or therapy that does not involve medical or surgical |
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43 | 43 | | 2.13intervention, provided that such counseling does not suggest, encourage, or affirm that the |
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44 | 44 | | 2.14minor is any gender other than their biological sex as determined at birth; or |
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45 | 45 | | 2.15 (3) surgical or medical interventions for a minor with an intersex condition, when such |
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46 | 46 | | 2.16interventions are deemed medically necessary by a licensed health care provider to correct |
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47 | 47 | | 2.17ambiguous genitalia or other physical anomalies directly related to the intersex condition, |
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48 | 48 | | 2.18and are approved by the minor's legal guardian, provided that the intervention is not intended |
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49 | 49 | | 2.19to affirm a gender identity differing from the minor's biological sex as determined by genetic |
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50 | 50 | | 2.20or anatomical evidence. |
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51 | 51 | | 2.21 Subd. 4.Penalties.(a) Any health care provider found in violation of subdivision 3, |
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52 | 52 | | 2.22paragraph (a) or (c), clause (2), shall: |
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53 | 53 | | 2.23 (1) be subject to a civil fine of not less than $500,000 per violation; |
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54 | 54 | | 2.24 (2) have their professional license revoked by the Board of Medical Practice or relevant |
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55 | 55 | | 2.25licensing authority; and |
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56 | 56 | | 2.26 (3) be subject to imprisonment for a term of up to ten years. |
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57 | 57 | | 2.27 (b) In addition to the penalties in paragraph (a), a health care provider shall be liable for |
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58 | 58 | | 2.28civil action brought by the minor's legal guardian for damages, including emotional distress. |
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59 | 59 | | 2.29 Subd. 5.Enforcement.(a) The Department of Health shall investigate alleged violations |
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60 | 60 | | 2.30of this section. |
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61 | 61 | | 2.31 (b) Citizens may report suspected violations to the Department of Health, which shall |
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62 | 62 | | 2.32maintain a confidential reporting mechanism. |
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63 | 63 | | 2Section 1. |
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64 | 64 | | REVISOR SGS/EN 25-0474103/27/25 3.1 Subd. 6.Severability.If any provision of this section or its application to any person |
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65 | 65 | | 3.2or circumstance is held invalid, the remainder of this section and the application of its |
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66 | 66 | | 3.3provisions to other persons or circumstances shall not be affected. |
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67 | 67 | | 3.4 EFFECTIVE DATE.This section is effective July 1, 2025. |
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68 | 68 | | 3Section 1. |
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69 | 69 | | REVISOR SGS/EN 25-0474103/27/25 |
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