Missouri 2025 Regular Session

Missouri Senate Bill SB249 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	FIRST REGULAR SESSION
5	5	SENATE BILL NO. 249
6	6	103RD GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR BRATTIN.
8	8	0768S.01I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal section 191.1720, RSMo, and to enact in lieu thereof one new section relating to gender
11	11	transition.
12	12
13	13	Be it enacted by the General Assembly of the State of Missouri, as follows:
14	14	Section A. Section 191.1720, RSMo, is repealed and one 1
15	15	new section enacted in lieu thereof, to be known as section 2
16	16	191.1720, to read as follows:3
17	17	191.1720. 1. This section shall be known and may be 1
18	18	cited as the "Missouri Save Adolescents from Experimentation 2
19	19	(SAFE) Act". 3
20	20	2. For purposes of this section, the following terms 4
21	21	mean: 5
22	22	(1) "Biological sex", the biological indication of 6
23	23	male or female in the context o f reproductive potential or 7
24	24	capacity, such as sex chromosomes, naturally occurring sex 8
25	25	hormones, gonads, and nonambiguous internal and external 9
26	26	genitalia present at birth, without regard to an 10
27	27	individual's psychological, chosen, or subjective experienc e 11
28	28	of gender; 12
29	29	(2) "Cross-sex hormones", testosterone, estrogen, or 13
30	30	other androgens given to an individual in amounts that are 14
31	31	greater or more potent than would normally occur naturally 15
32	32	in a healthy individual of the same age and sex; 16
33	33	(3) "Gender", the psychological, behavioral, social, 17
34	34	and cultural aspects of being male or female; 18 SB 249 2
35	35	(4) "Gender transition", the process in which an 19
36	36	individual transitions from identifying with and living as a 20
37	37	gender that corresponds to his or her biologi cal sex to 21
38	38	identifying with and living as a gender different from his 22
39	39	or her biological sex, and may involve social, legal, or 23
40	40	physical changes; 24
41	41	(5) "Gender transition surgery", a surgical procedure 25
42	42	performed for the purpose of assisting an indiv idual with a 26
43	43	gender transition, including, but not limited to: 27
44	44	(a) Surgical procedures that sterilize, including, but 28
45	45	not limited to, castration, vasectomy, hysterectomy, 29
46	46	oophorectomy, orchiectomy, or penectomy; 30
47	47	(b) Surgical procedures that artificially construct 31
48	48	tissue with the appearance of genitalia that differs from 32
49	49	the individual's biological sex, including, but not limited 33
50	50	to, metoidioplasty, phalloplasty, or vaginoplasty; or 34
51	51	(c) Augmentation mammoplasty or subcutaneous 35
52	52	mastectomy; 36
53	53	(6) "Health care provider", an individual who is 37
54	54	licensed, certified, or otherwise authorized by the laws of 38
55	55	this state to administer health care in the ordinary course 39
56	56	of the practice of his or her profession; 40
57	57	(7) "Puberty-blocking drugs", gonadotropin-releasing 41
58	58	hormone analogues or other synthetic drugs used to stop 42
59	59	luteinizing hormone secretion and follicle stimulating 43
60	60	hormone secretion, synthetic antiandrogen drugs to block the 44
61	61	androgen receptor, or any other drug used to delay or 45
62	62	suppress pubertal development in children for the purpose of 46
63	63	assisting an individual with a gender transition. 47
64	64	3. A health care provider shall not knowingly perform 48
65	65	a gender transition surgery on any individual under eighteen 49
66	66	years of age. 50 SB 249 3
67	67	4. (1) A health care provider shall not knowingly 51
68	68	prescribe or administer cross -sex hormones or puberty - 52
69	69	blocking drugs for the purpose of a gender transition for 53
70	70	any individual under eighteen years of age. 54
71	71	(2) The provisions of this subsection shall not apply 55
72	72	to the prescription or administration of cross -sex hormones 56
73	73	or puberty-blocking drugs for any individual under eighteen 57
74	74	years of age who was prescribed or administered such 58
75	75	hormones or drugs prior to August 28, 2023, for the purpose 59
76	76	of assisting the individual with a gender transition. 60
77	77	[(3) The provisions of this subsection shall expire on 61
78	78	August 28, 2027.] 62
79	79	5. The performance of a gender transition surgery or 63
80	80	the prescription or administration of cross -sex hormones or 64
81	81	puberty-blocking drugs to an individual under eighteen years 65
82	82	of age in violation of this section shall be considered 66
83	83	unprofessional conduct and any health care provider doing so 67
84	84	shall have his or her license to practice revoked by the 68
85	85	appropriate licensing entity or disciplinary review board 69
86	86	with competent jurisdiction in this state. 70
87	87	6. (1) The prescription or administration of cross - 71
88	88	sex hormones or puberty -blocking drugs to an individual 72
89	89	under eighteen years of age for the purpose of a gender 73
90	90	transition shall be considered grounds for a cause of action 74
91	91	against the health care provider. The provisions of chapter 75
92	92	538 shall not apply to any action brought under this 76
93	93	subsection. 77
94	94	(2) An action brought pursuant to this subsection 78
95	95	shall be brought within fifteen years of the individual 79
96	96	injured attaining the age of twenty -one or of the date the 80
97	97	treatment of the injury at issue in the action by the 81
98	98	defendant has ceased, whichever is later. 82 SB 249 4
99	99	(3) An individual bringing an action under th is 83
100	100	subsection shall be entitled to a rebuttable presumption 84
101	101	that the individual was harmed if the individual is 85
102	102	infertile following the prescription or administration of 86
103	103	cross-sex hormones or puberty -blocking drugs and that the 87
104	104	harm was a direct resul t of the hormones or drugs prescribed 88
105	105	or administered by the health care provider. Such 89
106	106	presumption may be rebutted only by clear and convincing 90
107	107	evidence. 91
108	108	(4) In any action brought pursuant to this subsection, 92
109	109	a plaintiff may recover economic an d noneconomic damages and 93
110	110	punitive damages, without limitation to the amount and no 94
111	111	less than five hundred thousand dollars in the aggregate. 95
112	112	The judgment against a defendant in an action brought 96
113	113	pursuant to this subsection shall be in an amount of th ree 97
114	114	times the amount of any economic and noneconomic damages or 98
115	115	punitive damages assessed. Any award of damages in an 99
116	116	action brought pursuant to this subsection to a prevailing 100
117	117	plaintiff shall include attorney's fees and court costs. 101
118	118	(5) An action brought pursuant to this subsection may 102
119	119	be brought in any circuit court of this state. 103
120	120	(6) No health care provider shall require a waiver of 104
121	121	the right to bring an action pursuant to this subsection as 105
122	122	a condition of services. The right to bring an action by or 106
123	123	through an individual under the age of eighteen shall not be 107
124	124	waived by a parent or legal guardian. 108
125	125	(7) A plaintiff to an action brought under this 109
126	126	subsection may enter into a voluntary agreement of 110
127	127	settlement or compromise of th e action, but no agreement 111
128	128	shall be valid until approved by the court. No agreement 112
129	129	allowed by the court shall include a provision regarding the 113
130	130	nondisclosure or confidentiality of the terms of such 114 SB 249 5
131	131	agreement unless such provision was specifically req uested 115
132	132	and agreed to by the plaintiff. 116
133	133	(8) If requested by the plaintiff, any pleadings, 117
134	134	attachments, or exhibits filed with the court in any action 118
135	135	brought pursuant to this subsection, as well as any 119
136	136	judgments issued by the court in such actions , shall not 120
137	137	include the personal identifying information of the 121
138	138	plaintiff. Such information shall be provided in a 122
139	139	confidential information filing sheet contemporaneously 123
140	140	filed with the court or entered by the court, which shall 124
141	141	not be subject to pub lic inspection or availability. 125
142	142	7. The provisions of this section shall not apply to 126
143	143	any speech protected by the First Amendment of the United 127
144	144	States Constitution. 128
145	145	8. The provisions of this section shall not apply to 129
146	146	the following: 130
147	147	(1) Services to individuals born with a medically - 131
148	148	verifiable disorder of sex development, including, but not 132
149	149	limited to, an individual with external biological sex 133
150	150	characteristics that are irresolvably ambiguous, such as 134
151	151	those born with 46,XX chromosomes with virilization, 46,XY 135
152	152	chromosomes with undervirilization, or having both ovarian 136
153	153	and testicular tissue; 137
154	154	(2) Services provided when a physician has otherwise 138
155	155	diagnosed an individual with a disorder of sex development 139
156	156	and determined through gene tic or biochemical testing that 140
157	157	the individual does not have normal sex chromosome 141
158	158	structure, sex steroid hormone production, or sex steroid 142
159	159	hormone action; 143
160	160	(3) The treatment of any infection, injury, disease, 144
161	161	or disorder that has been caused by or exacerbated by the 145
162	162	performance of gender transition surgery or the prescription 146 SB 249 6
163	163	or administration of cross -sex hormones or puberty -blocking 147
164	164	drugs regardless of whether the surgery was performed or the 148
165	165	hormones or drugs were prescribed or administere d in 149
166	166	accordance with state and federal law; or 150
167	167	(4) Any procedure undertaken because the individual 151
168	168	suffers from a physical disorder, physical injury, or 152
169	169	physical illness that would, as certified by a physician, 153
170	170	place the individual in imminent da nger of death or 154
171	171	impairment of a major bodily function unless surgery is 155
172	172	performed. 156
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