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