Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance
committees of the Legislature. LFC does not assume responsibility for the accuracy of these reports if they
are used for other purposes.
F I S C A L I M P A C T R E P O R T
SPONSOR Montoya/Dow/Vincent/Duncan/Reeb
LAST UPDATED
ORIGINAL DATE 02/24/2025
SHORT TITLE
Hormone Therapy & Puberty Blocker
Protection
BILL
NUMBER House Bill 466
ANALYST Chilton
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT*
(dollars in thousands)
Agency/Program
FY25 FY26 FY27
3 Year
Total Cost
Recurring or
Nonrecurring
Fund
Affected
CYFD No fiscal impact
Indeterminate
but minimal
Indeterminate
but minimal
Indeterminate
but minimal
Recurring General Fund
AODA No fiscal impact
$150.0 to
$450.0
$150.0 to
$450.0
$300.0 to
$900.0
Recurring General Fund
NMAG No fiscal impact
$150.0 to
$450.0
$150.0 to
$450.0
$300.0 to
$900.0
Recurring General Fund
LOPD No fiscal impact
$150.0 to
$450.0
$150.0 to
$450.0
$300.0 to
$900.0
Recurring General Fund
Total
No fiscal
impact
$450.0 to
$1,350.0
$450.0 to
$1,350.0
$900.0 to
$2,700.0
Recurring General Fund
Parentheses ( ) indicate expenditure decreases.
*Amounts reflect most recent analysis of this legislation.
Relates to House Bill 185, Senate Bill 459, Senate Bill 258, Senate Bill 356, and Senate Bill 500.
Conflicts with House Bill 543
Sources of Information
LFC Files
Agency Analysis Received From
New Mexico Attorney General (NMAG) Children, Youth and Family Department (CYFD) Agency Analysis was Solicited but Not Received From
Department of Health (DOH)
SUMMARY
Synopsis of House Bill 466
House Bill 466 (HB466) would enact the Hormone Therapy and Puberty Blocker Child
Protection Act, creating new sections of Chapter 24 NMSA 1978, which deals with health and
safety, as well as amending several sections of Chapter 24 to comport with this act.
Section 2 provides definitions to be used in this new act. It includes defining “gender-affirming
action” as an act to change a minor’s sex, including using desired pronouns, requesting House Bill 466 – Page 2
counseling to support a minor’s gender identity choice, and changing a minor’s name to one used
by a different sex. “Medical procedure” includes surgical care or prescribing a puberty blocker or
hormone.” “Minor” explicitly excepts “emancipated minors,” which is also defined. “Parent”
includes adoptive, biological or legal parents, and guardians. “Parent notifications” of
reproductive health care must be written and must be acknowledged in writing by the parent.
Section 3 prohibits medical procedures to change a minor’s sex or to treat a minor’s distress at
the sex assigned at birth, except when treating birth defects, precocious puberty, disease
(specifically excluding gender dysphoria), or injury. If medical procedures that would be
prohibited have begun before the act goes into effect, they could be continued, but must be
concluded before December 31, 2025, and cannot be changed after July 1, 2025. Parental consent
would not be enough to excuse the practitioner from liability for having provided gender-
affirming care, though counseling is permitted.
Section 5 requires healthcare providers to notify parents of any of a minor’s actions having to do
with gender-affirmation.
Section 6 allows a private right of action against a healthcare provider by a minor or parent
“injured” as a result of a violation of this act unless the parent had consented to the action; this
would include a “wrongful death” action if the act resulted in death, and the healthcare
provider’s licensing agency would be notified. The licensing agency could suspend the
provider’s license for up to two years. Compensatory damages for all related expenses could be
sought from the provider.
Section 7 provides for penalties to be sought by the Office of Attorney General (NMAG) or
district attorneys against offending practitioners. Section 8 provides for severability.
Section 10 amends Section 24-34-3, which deals with prohibited actions by public bodies. It
removes minors from the list of people for whom provision of reproductive healthcare is
protected and requires parental notification and consent before providing any sort of reproductive
healthcare to an unemancipated minor. It forbids providing gender-affirming care to a minor and
requires a healthcare provider to notify a parent of any request for such care.
Section 13 amends Section 24-35-2, adding definitions. In addition to the same definitions in
Section 9, Section 13 defines “sex” as “an individual's immutable characteristics of the human
reproductive system that define the individual as male or female, as determined by anatomy and
genetics existing in that individual at the time of birth.”
Section 14 amends Section 24-35-3 removes the exemption of individuals from prohibition on
releasing information regarding foreign investigations that might lead to civil or criminal liability
or professional licensing actions on a provider, an adult or an emancipated minor. If a parent has
consented to reproductive care activities, public bodies do not need to respond to public
information requests, must notify a parent of the request, and move to quash the subpoena for the
information. Section 15 amends Section 24-35-4 and regards foreign subpoenas and summonses
and removes minors from the group of individuals from whose information about reproductive
health services can be protected from summonses or subpoenas.
Section 16 amends Section 24-35-5 regarding abusive litigation and interference with a protected
healthcare activity, again removing minors from being among the protected individuals. House Bill 466 – Page 3
Section 17 amends Section 24-35-6, regarding electronically transmitted information, again
exempts minors from the protections against transmission of electronic information regarding
reproductive health activities, unless that minor has parental consent.
Section 18 amends Section 24-35-8 and again exempts minors from being able to sue for relief
for violations of the Reproductive and Gender-Affirming Care Act. It adds a section again noting
that if a parent of a minor brings action against a healthcare provider and the parent prevails, the
licensing board is to be notified and authorized to suspend the provider’s license for two years.
The effective date of this bill is July 1, 2025.
FISCAL IMPLICATIONS
There is no appropriation in HB466. Both the Children, Youth and Family Department (CYFD)
and NMAG indicate the possibility that enactment of HB466 might increase their workload in
prosecuting violations of the Hormone Therapy and Puberty Blocker Child Protection Act, and in
dealing with the consequences to minors in denying their need for reproductive or gender-
affirming care. LFC estimates each of the following agencies would need one to three attorneys:
NMAG, the Public Defender Department, and district attorneys collectively, at an average cost
of $150 thousand per year per attorney.
SIGNIFICANT ISSUES
The effects of reproductive health problems and of gender dysphoria can be profound. Teen
pregnancy and sexually transmitted diseases at any age have severe dangers. Children and
adolescents with gender dysphoria are at increased risk of suicide and mental disorders,
homelessness, and substance abuse.
NMAG comments at length on the constitutionality of many provisions in this bill, including
both federal and state constitution issues and including First Amendment rights over such
concerns as whether children can choose their own names or pronouns. NMAG also makes note
of the act’s threats to providers’ licenses, which may discourage providers from locating or
remaining in New Mexico.
Specifically, NMAG cites federal law that would appear to be contradicted by this act:
Ultimately, the bill proposes to restrict medical care for minors whose gender identity
does not match their assigned biological sex. This may have the effect of restricting
medical care in a discriminatory way. The U.S. Supreme Cort has held that
discrimination against transgender individuals may violate prohibitions against sex-based
discrimination. See Bostock v. Clayton County, Georgia, 590 U.S. 644 (2020).”
Section 5 of the bill requires that a healthcare provider who knows of a violation of the act report
that to a parent. Thus, if a nurse observed a doctor prescribing a hormone to a minor, the nurse
would have to report it in writing to the parent within seven days, and if a doctor observed a
nurse calling a minor by a preferred name that does not comport with “generally accepted
norms,” the doctor would have to report that within seven days to a parent.
House Bill 466 – Page 4
CYFD comments:
Restrictions on gender-affirming care could lead to more minors experiencing family
rejection, increasing their risk of homelessness, depression, and suicide. If families refuse
to support their child’s gender identity, more youth may enter the foster care system,
further straining [CYFD] resources.
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
HB466 is related to the following bills, all relating to LGBTQ+ persons:
House Bill 185/Senate Bill 459, identical bills entitled Protection of Women’s Sports
Act;
Senate Bill 258, Human Sexuality Education;
Senate Bill 356, State Diversity Act; and
Senate Bill 500, Detransitioner Protection Act.
The bill conflicts in part and overlaps with House Bill 543, Parental Consent for Minor’s Health
Care, and with Article 24-7A-6.2 NMSA 1978, which permits 14-year-olds to consent for care
for certain conditions.
LAC/rl/hg/sgs