North Carolina 2025 2025-2026 Regular Session

North Carolina House Bill H1000 Introduced / Bill

Filed 04/10/2025

                    GENERAL ASSEMBLY OF NORTH CAROLINA 
SESSION 2025 
H 	D 
HOUSE BILL DRH40506-NB-123  
 
 
 
Short Title: Detransitioners Bill of Rights. 	(Public) 
Sponsors: Representative Johnson. 
Referred to:  
 
*DRH40506 -NB-123* 
A BILL TO BE ENTITLED 1 
AN ACT TO ESTABLISH THE DETRANSITIONER BILL OF RIGHTS. 2 
The General Assembly of North Carolina enacts: 3 
SECTION 1. Article 1N of Chapter 90 of the General Statutes reads as rewritten: 4 
"Article 1N. 5 
"Gender Transition Procedures on Minors.Minors and Detransitioner Bill of Rights. 6 
"§ 90-21.150.  Definitions. 7 
The following definitions apply in this Article: 8 
… 9 
(2a) Department. – The Department of Health and Human Services. 10 
(2b) Detransitioner. – An individual who (i) began or completed a gender transition 11 
procedure but later sought treatment to reverse the effects of the surgical 12 
gender transition procedure or regimen of cross-sex hormones or 13 
puberty-blocking drugs due to the resolution of any inconsistency between the 14 
individual's sex and individual's perceived sex or perceived gender or (ii) has 15 
ceased the surgical gender transition procedure or regimen of cross-sex 16 
hormones or puberty-blocking drugs due to the resolution of any 17 
inconsistency between the individual's sex and the individual's perceived sex 18 
or perceived gender. 19 
(2c) Detransition procedure. – Any treatment, including mental health treatment, 20 
medical interventions, and surgeries that (i) stop or reverse the effects of a 21 
prior surgical gender transition procedure or regimen of cross-sex hormones 22 
or puberty-blocking drugs due to the resolution of any inconsistency between 23 
the individual's sex and the individual's perceived sex or perceived gender or 24 
(ii) help an individual cope with the effects of a prior surgical gender transition 25 
procedure or regimen of cross-sex hormones or puberty-blocking drugs after 26 
the resolution of any inconsistency between the individual's sex and the 27 
individual's perceived sex or perceived gender. 28 
(2d) Female. – An individual who has, had, will have, or would have but for a 29 
developmental or genetic anomaly or historical accident, the reproductive 30 
system that at some point produces, transports, and utilizes eggs for 31 
fertilization. 32 
(3) Gender. – The psychological, behavioral, social, and cultural aspects of being 33 
male or female. 34 
(3a) Gender clinic. – A health care entity that provides or prescribes gender 35 
transition procedures or refers individuals for surgical gender transition 36 
H.B. 1000
Apr 10, 2025
HOUSE PRINCIPAL CLERK General Assembly Of North Carolina 	Session 2025 
Page 2  	DRH40506-NB-123 
procedures or the dispensing of puberty-blocking drugs or cross-sex 1 
hormones. 2 
… 3 
(6a) Male. – An individual who has, had, will have, or would have but for a 4 
developmental or genetic anomaly or historical accident, the reproductive 5 
system that at some point produces, transports, and utilizes sperm for 6 
fertilization. 7 
… 8 
"§ 90-21.151.  Limitations on detransition procedures and gender transition procedures. 9 
It shall be unlawful for a medical professional to perform a detransition procedure, surgical 10 
gender transition procedure on a minor or to prescribe, provide, or dispense puberty-blocking 11 
drugs or cross-sex hormones to a minor. 12 
"§ 90-21.152.  When certain procedures are permitted. 13 
(a) Notwithstanding G.S. 90-21.151, and provided the minor's parents or guardians give 14 
informed consent, a medical professional shall not be prohibited from providing any of the 15 
following procedures to a minor: 16 
… 17 
(7) A detransition procedure. 18 
… 19 
"§ 90-21.153.  Penalties. 20 
(a) A violation of any of the provisions of this Article by a medical professional shall be 21 
considered unprofessional conduct and shall result in the revocation of the medical professional's 22 
license to practice.practice for a minimum of one year. 23 
(b) An entity that employs or contracts with a medical professional who violates any of 24 
the provisions of this Article shall be liable for a civil penalty not to exceed two hundred fifty 25 
thousand dollars ($250,000). 26 
"§ 90-21.154.  Civil remedies. 27 
(a) Any (i) medical professional who performs a surgical gender transition procedure on 28 
a minor or who prescribes, provides, or dispenses puberty-blocking drugs or cross-sex hormones 29 
to a minor and (ii) entity that employs or contracts with a medical professional who performs a 30 
surgical gender transition procedure on a minor or who prescribes, provides, or dispenses 31 
puberty-blocking drugs or cross-sex hormones to a minor shall be strictly liable to the minor for 32 
any physical, psychological, emotional, or physiological harms the minor suffers as a result of 33 
the surgical gender transition procedure, puberty-blocking drugs, or cross-sex hormones. 34 
(a1) Any individual who undergoes a detransition procedure may bring a civil action either 35 
within 10 years from the day the person reaches 18 years of age or within four years from the 36 
time the cost of a detransition procedure is incurred, whichever date is later, against a medical 37 
professional in a court of competent jurisdiction. 38 
(b) A minor who suffers an injury described in subsection (a) subsections (a) and (a1) of 39 
this section, or a parent or guardian of a minor who suffers an injury described in subsection (a) 40 
subsections (a) and (a1) of this section, may bring a civil action within the latter of 25 10 years 41 
from the day the minor reaches 18 years of age or four years from the time of discovery by the 42 
injured party of both the injury and the causal relationship between the treatment and the injury 43 
against the offending medical professional or entity. If the minor who suffered any injury 44 
described in subsection (a) subsections (a) and (a1) of this section is under a legal disability upon 45 
attaining 18 years of age, the time limitation in this subsection does not begin to run until that 46 
legal disability is removed. An individual commencing an action under this section may seek the 47 
following relief: 48 
(1) Declaratory or injunctive relief. 49  General Assembly Of North Carolina 	Session 2025 
DRH40506-NB-123  	Page 3 
(2) Compensatory damages, including pain and suffering, loss of reputation, loss 1 
of income, and loss of consortium, which includes the loss of expectation of 2 
sharing parenthood. 3 
(3) Punitive damages. 4 
(4) Attorneys' fees and court costs. 5 
(5) Any other appropriate relief. 6 
(6) Costs associated with a subsequent detransition procedure. 7 
(c) Minors bringing an action under this section may do so through a parent or guardian 8 
prior to attaining majority and may do so in their own name after attaining majority. 9 
Notwithstanding G.S. 143-299, any action brought under this section may be commenced within 10 
the time frames described in subsection (b) of this section. 11 
(d) G.S. 90-21.19(a) shall not apply to damages awarded in an action brought under this 12 
section. 13 
(e) Medical professionals and entities employing or contracting with medical 14 
professionals may not seek a contractual waiver of the liability imposed under this section. Any 15 
attempted waiver is null and void. 16 
"§ 90-21.155.  Right to public transparency. 17 
(a) Any gender clinic operating in the State must provide a report of statistics regarding 18 
all surgical gender transition procedures and prescribed regimens of cross-sex hormones or 19 
puberty-blocking drugs to patients to the Department. 20 
(b) The Department shall develop a form for this purpose and determine the statistics to 21 
be reported, which must include the following: 22 
(1) The date on which the surgical gender transition procedure or prescribed 23 
regimen of cross-sex hormones or puberty-blocking drugs was prescribed or 24 
the referral was made for either. 25 
(2) The age and sex of the person to whom the surgical gender transition 26 
procedure or prescribed regimen of cross-sex hormones or puberty-blocking 27 
drugs was prescribed or for whom the referral was made for either. 28 
(3) For any cross-sex hormone or puberty-blocking drug prescribed as part of a 29 
gender transition, (i) the name of the drug or hormone, (ii) the dosage, (iii) the 30 
dosage frequency and duration, and (iv) the method by which the drug will be 31 
administered. 32 
(4) For any surgical gender transition procedure, the type of surgical procedure, 33 
identified by current procedural terminology code. 34 
(5) The state and county of residence of the person receiving the surgical gender 35 
transition procedure or regimen of cross-sex hormones or puberty-blocking 36 
drugs. 37 
(6) The name, contact information, and medical specialty of the medical 38 
professional who prescribed the (i) surgical gender transition procedure or (ii) 39 
regimen of cross-sex hormones or puberty-blocking drugs or made the referral 40 
for either. 41 
(7) If applicable, a description of any other neurological, behavioral, or mental 42 
health conditions that the person has been diagnosed with or exhibits 43 
symptoms of, including autism spectrum disorder, depressions, anxiety, or 44 
bipolar disorder. 45 
(c) A form shall be completed by each gender clinic that prescribes or performs a surgical 46 
gender transition procedure or regimen of cross-sex hormones or puberty-blocking drugs that is 47 
signed by the medical professional who prescribes the surgical gender transition procedure or 48 
regimen of cross-sex hormones or puberty-blocking drugs or makes a referral for either. 49 
(d) Each form shall be transmitted by the gender clinic to the Department within 15 days 50 
after the end of the calendar month during which the surgical gender transition procedure or 51  General Assembly Of North Carolina 	Session 2025 
Page 4  	DRH40506-NB-123 
regimen of cross-sex hormones or puberty-blocking drugs was prescribed or the referral was 1 
made for either. 2 
"§ 90-21.156.  Local limitations. 3 
(a) No city or county may prohibit the provision of mental health services or therapy to 4 
help a minor address an inconsistency between the minor's biological sex and the minor's 5 
perceived gender or perceived biological sex. 6 
(b) No city or county may prohibit a parent or legal guardian from consenting to, or 7 
withholding consent from, the provision of mental health services or therapy to help a minor 8 
address an inconsistency between the minor's biological sex and the minor's perceived gender or 9 
perceived biological sex. 10 
"§ 90-21.157.  Enforcement. 11 
The Attorney General may investigate any complaints received alleging violation of this 12 
Article. If the Attorney General finds that there has been a violation of this Article, the Attorney 13 
General may bring an action to impose civil penalties and to seek any other appropriate relief 14 
under this Article. Any clear proceeds of civil penalties imposed in actions instituted by the 15 
Attorney General shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with 16 
G.S. 115C-457.2. 17 
"§ 90-21.158.  Reporting. 18 
On November 1 of each year, the Department shall submit an annual report to the Joint 19 
Legislative Oversight Committee on Health and Human Services that compiles the data required 20 
to be collected under this Article into a comprehensive statistical report. Any information in this 21 
report shall not disclose the identity of any person or entity that is the subject of any report. The 22 
Department shall also publish the report on a publicly available website." 23 
SECTION 2.(a) Article 3 of Chapter 58 of the General Statutes is amended by adding 24 
a new section to read: 25 
"§ 58-3-257.  Detransition procedure coverage. 26 
(a) The following definitions apply in this section: 27 
(1) Detransition procedure. – As defined in G.S. 90-21.150. 28 
(2) Female. – An individual who has, had, will have, or would have but for a 29 
developmental or genetic anomaly or historical accident, the reproductive 30 
system that at some point produces, transports, and utilizes eggs for 31 
fertilization. 32 
(3) Gender. – The psychological, behavioral, social, and cultural aspects of being 33 
male or female. 34 
(4) Gender transition procedure. – Any pharmaceutical or surgical intervention to 35 
alter an individual's body as a treatment to address an inconsistency between 36 
the individual's sex and the individual's perceived gender or perceived sex. 37 
(5) Male. – An individual who has, had, will have, or would have but for a 38 
developmental or genetic anomaly or historical accident, the reproductive 39 
system that at some point produces, transports, and utilizes sperm for 40 
fertilization. 41 
(6) Minor. – An individual who is younger than 18 years of age. 42 
(7) Perceived sex. – An individual's internal sense of his or her sex. 43 
(8) Perceived gender. – An individual's internal sense of his or her gender. 44 
(9) Sex. – The biological indication of male and female in the context of 45 
reproductive potential or capacity, including sex chromosomes, naturally 46 
occurring sex hormones, gonads, and nonambiguous internal and external 47 
genitalia present at birth, including secondary sex characteristics, without 48 
regard to an individual's psychological, chosen, or subjective experience of 49 
gender. 50  General Assembly Of North Carolina 	Session 2025 
DRH40506-NB-123  	Page 5 
(b) All health benefit plans that provide coverage for one or more gender transition 1 
procedures for insureds who are minors, including coverage for any applicable related diagnostic, 2 
billing, or CPT code, shall also provide coverage for all of the following: 3 
(1) All possible adverse consequences related to the gender transition procedure, 4 
including both short-term and long-term side effects of the procedure. 5 
(2) Testing and screening necessary to monitor the mental health and physical 6 
health of any insured on no less than an annual basis and without regard to the 7 
sex designation on the insured's medical record. 8 
(3) Any procedure or treatment, including therapy, necessary to manage, reverse, 9 
or recover from the insured's previous gender transition procedure. 10 
(c) Coverage required under this section shall be provided to all insureds that underwent 11 
a gender transition procedure as a minor regardless of whether that gender transition procedure 12 
occurred when the individual was not insured under the current health benefit plan. 13 
(d) On at least an annual basis, an insurer offering one or more health benefit plans that 14 
provide coverage for gender transition or detransition procedures shall provide the following 15 
information, if known, to the Commissioner and the Secretary of the Department of Health and 16 
Human Services in a manner determined by the Commissioner or the Secretary and that contains 17 
no protected health information nor personally identifiable information: 18 
(1) The number of claims made for a gender transition or detransition procedure. 19 
(2) The age and sex of the individuals for whom a gender transition or detransition 20 
procedure claim is submitted. 21 
(3) The date that the individual for whom a detransition procedure claim is 22 
submitted initially began a prior gender transition procedure. 23 
(4) The county of residence of the person for whom the gender transition or 24 
detransition procedure claim is submitted. 25 
(e) Nothing in this section shall be construed to require an insurer to provide any coverage 26 
for gender transition procedures." 27 
SECTION 2.(b) This section becomes effective October 1, 2025, and applies to 28 
insurance contracts issued, renewed, or amended on or after that date. 29 
SECTION 3.(a) G.S. 130A-118 reads as rewritten: 30 
"§ 130A-118.  Amendment of birth and death certificates. 31 
… 32 
(b) A new certificate of birth shall be made by the State Registrar when:if any of the 33 
following conditions are met: 34 
(1) Proof is submitted to the State Registrar that the previously unwed parents of 35 
a person have intermarried subsequent to the birth of the person;person. 36 
(2) Notification is received by the State Registrar from the clerk of a court of 37 
competent jurisdiction of a judgment, order or decree disclosing different or 38 
additional information relating to the parentage of a person;person. 39 
(3) Satisfactory proof is submitted to the State Registrar that there has been 40 
entered in a court of competent jurisdiction a judgment, order or decree 41 
disclosing different or additional information relating to the parentage of a 42 
person; orperson. 43 
… 44 
(5) A written request from an individual is received by the State Registrar to 45 
change the sex on that individual's birth record because the person is a 46 
destransitioner, if the request is accompanied by a notarized statement from a 47 
physician licensed to practice medicine who can certify that the person has 48 
undergone a detransition procedure, as defined in Article 1N of Chapter 90 of 49 
the General Statutes." 50 
SECTION 3.(b) This section becomes effective October 1, 2025. 51  General Assembly Of North Carolina 	Session 2025 
Page 6  	DRH40506-NB-123 
SECTION 4.(a) Part 1 of Article 1A of Chapter 90 of the General Statutes is 1 
amended by adding a new section to read: 2 
"§ 90-21.5A.  Limited access to records. 3 
(a) Notwithstanding any other provision of law to the contrary, no medical professional 4 
shall deny a parent or legal guardian access to the medical records or medical information of the 5 
parent's or legal guardian's minor, except in the following circumstances: 6 
(1) The medical records or medical information relate to harm resulting from 7 
abuse, neglect, or domestic violence. 8 
(2) The person denying access reasonably believes (i) the parent or legal guardian 9 
is responsible for the abuse, neglect, or other injury resulting from domestic 10 
violence or (ii) that informing the parent or legal guardian would not be in the 11 
best interest of the minor. 12 
(b) For the purposes of this section, the term "abuse, neglect, or domestic violence" does 13 
not include any of the following: 14 
(1) A parent's or legal guardian's refusal to permit the parent's or legal guardian's 15 
minor to seek a surgical gender transition procedure or regimen of cross-sex 16 
hormones or puberty-blocking drugs, as those terms are defined in Article 1N 17 
of this Chapter, in violation of that Article. 18 
(2) A parent's or legal guardian's refusal to address the parent's or legal guardian's 19 
minor using pronouns that are inconsistent with the minor's sex. 20 
(c) A parent or legal guardian who is denied access to medical records or medical 21 
information in violation of this section shall have a private cause of action for damages and 22 
equitable relief as the court may determine is justified. The court may also award reasonable 23 
attorneys' fees and court costs to a prevailing party. 24 
(d) The Attorney General may investigate a potential violation of this section, seek 25 
production of documentation or testimony through a civil investigative demand, and bring an 26 
action to enforce compliance with this section." 27 
SECTION 4.(b) This section is effective when it becomes law. 28 
SECTION 5. If any provision of this act or its application is held invalid, the 29 
invalidity does not affect other provisions or applications of this act that can be given effect 30 
without the invalid provisions or application and, to this end, the provisions of this act are 31 
severable. 32 
SECTION 6. Except as otherwise provided, this act becomes effective October 1, 33 
2025. 34