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SENATE BILL 500
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
David M. Gallegos and Jay C. Block
AN ACT
RELATING TO HEALTH CARE; ENACTING THE DETRANSITIONER PROTECTION
ACT; PROVIDING DEFINITIONS; PROVIDING PENALTIES AND
ENFORCEMENT; PROVIDING A PRIVATE RIGHT OF ACTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new Section 24-36-1 NMSA 1978 is enacted to
read:
"24-36-1. [NEW MATERIAL ] SHORT TITLE.--Chapter 24,
Article 36 NMSA 1978 may be cited as the "Detransitioner
Protection Act"."
SECTION 2. A new Section 24-36-2 NMSA 1978 is enacted to
read:
"24-36-2. [NEW MATERIAL ] DEFINITIONS.--As used in the
Detransitioner Protection Act:
A. "department" means the department of health;
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B. "detransition" means a temporary or permanent
cessation or reversal of a transgender identification or a
gender transition, through social, legal or medical means;
C. "detransition procedure" means a treatment,
including mental health treatment, medical interventions or
surgery, that is intended to:
(1) stop or reverse the effects of a prior
gender transition procedure; or
(2) help an individual cope with the effects
of a prior gender transition procedure;
D. "detransitioner" means:
(1) an individual who began or completed a
gender transition procedure but later sought treatment to
reverse the effects of the gender transition treatment or
procedure; or
(2) an individual who began a gender
transition procedure but has ceased that procedure;
E. "female" means an individual human who has, had,
will have or would have, but for a developmental or genetic
anomaly or historical accident, the reproductive system that at
some point produces, transports and uses eggs for
fertilization;
F. "gender" means the psychological, behavioral,
social and cultural aspects of being male or female;
G. "gender clinic" means a health care entity,
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including a public body, that provides or prescribes gender
transition procedures or refers individuals for gender
transition procedures;
H. "gender dysphoria" means a diagnosis as provided
under the Diagnostic and Statistical Manual of Mental
Disorders, fifth edition, that occurs when a person is
distressed or impaired due to a difference between that
person's gender identity and the person's assigned gender at
birth;
I. "gender incongruence" means a diagnosis as
provided under the world health organization's International
Classification of Diseases , eleventh revision, when a person's
gender identify differs from the person's assigned sex at
birth;
J. "gender transition procedure" means a
pharmaceutical or surgical intervention to alter an
individual's body as a treatment to address an inconsistency
between a minor's sex and that minor's perceived gender or
perceived sex;
K. "health care provider" means an individual or
entity licensed to administer or provide health care services
in this state;
L. "informed notice" means a verbal and written
notice provided to a minor or the minor's parent by a health
care provider or public body whom the minor or parent contacts
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for information about or access to a gender transition
procedure for the minor. The informed notice shall be stated
or written verbatim as provided in Subsection B of Section 3 of
the Detransitioner Protection Act;
M. "male" means an individual human who has, had,
will have, or would have but for a developmental or genetic
anomaly or historical accident, the reproductive system that at
some point produces, transports and uses sperm for
fertilization;
N. "mental health professional" means a health care
provider whose scope of practice includes diagnosing and
treating mental health conditions;
O. "minor" means a child who is younger than
eighteen years of age and who is not an emancipated minor;
P. "parent" means a biological, legal or adoptive
father, mother or legal guardian of another individual;
Q. "perceived gender" means an individual's
internal sense of that individual's gender;
R. "perceived sex" means an individual's internal
sense of that individual's sex;
S. "public body" means a state or local government,
an advisory board, a commission, an agency or an entity created
by the constitution of New Mexico or a branch of government,
including a health care provider or entity acting on behalf of
or within the scope of the authority of a public body, that
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receives public funding and includes political subdivisions,
special tax districts, school districts and institutions of
higher education; and
T. "sex" means the biological indication of an
individual at the time of birth as male or female in the
context of reproductive potential or capacity, such as sex
chromosomes, naturally occurring sex hormones, gonads and
nonambiguous internal and external genitalia present at birth,
including secondary sex characteristics, without regard to the
individual's psychological, chosen or subjective experience or
perception of the individual's gender."
SECTION 3. A new Section 24-36-3 NMSA 1978 is enacted to
read:
"24-36-3. [NEW MATERIAL ] GENDER TRANSITION PROCEDURE FOR
MINOR PROHIBITED--INFORMED NOTICE REQUIRED--VIOLATIONS--
PENALTIES--ENFORCEMENT.--
A. A health care provider or public body shall not
provide a gender transition procedure on or provide gender
transition information to a minor.
B. A health care provider or public body shall
provide informed notice to a minor or that minor's parent who
requests information about or access to a gender transition
procedure for the minor. The written notice shall be in at
least fourteen point font in a proportionally spaced typeface
and provided during every discussion, medical visit or
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interaction with the minor or that minor's parent.
The informed notice shall be both written and stated
exactly as follows:
"1. No reliable studies have shown that these
treatments reduce the risk of suicide in children or
adolescents with gender dysphoria.
2. The United States food and drug
administration has not approved the use of puberty blockers or
cross-sex hormones for the purpose of treating gender dysphoria
or gender incongruence. In other words, using these
medications to treat gender dysphoria or gender incongruence is
considered "off-label" use because the medications are not
being used for their approved purposes.
3. European governments, including the United
Kingdom, Sweden and Finland, have studied these treatments and
have concluded there is no reliable evidence showing that the
potential benefits of puberty blockers and cross-sex hormones
for this purpose outweigh the risks. Those governments instead
recommend psychotherapy as the first line of treatment for
children and adolescents with gender dysphoria.
4. The use of puberty blockers and cross-sex
hormones for this purpose increases the risk of a child or an
adolescent being sterilized, meaning that the child will never
be able to have children.
5. The use of puberty blockers and cross-sex
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hormones for this purpose carries numerous other risks of
physical harm, including severely decreased bone density, heart
disease, stroke and cancer.
6. The effect of these treatments on the brain
development of a child or an adolescent is entirely unknown.".
C. It is a violation of the Detransitioner
Protection Act to fail to comply with the requirements of
Subsection A of this section. A health care provider found to
have knowingly violated Subsection A of this section:
(1) has engaged in unprofessional conduct and
is subject to discipline by the licensing authority responsible
for the regulation of the health care provider's license.
Licensing discipline pursuant to this section shall include
revocation and suspension of the health care provider's license
for at least one year; and
(2) is subject to a private right of action by
the parent of the minor subject to that violation for damages
and such equitable relief as the court may determine
appropriate. The court may award reasonable attorney fees and
court costs to a prevailing party.
D. Notwithstanding any contrary provision of law, a
health care provider shall not deny a parent access to the
medical records or medical information of that parent's minor.
This subsection does not require a health care provider or
other person delegated with access to the health care
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provider's patients' records to provide access to a minor's
medical records when:
(1) the medical records or medical information
relate to harm resulting from abuse, neglect or domestic
violence;
(2) the person denying access reasonably
believes the minor's parent is responsible for the abuse,
neglect or other injury resulting from domestic violence; and
(3) the person denying access reasonably
believes that informing the parent would not be in the best
interests of the minor.
E. For the purposes of this section, "abuse,
neglect or domestic violence" does not include:
(1) a parent's refusal to permit the parent's
minor to seek gender-transition information or treatment to
address an inconsistency between the minor's sex and the
minor's perceived gender or perceived sex;
(2) a parent's refusal to address the parent's
minor using pronouns that are inconsistent with the minor's
sex; or
(3) a parent's refusal to address the parent's
minor with a name other than the minor's legal name.
F. A parent who is denied access to medical records
or medical information in violation of this section has a
private right of action for damages and such equitable relief
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as the court may determine is appropriate. The court may
award reasonable attorney fees and court costs to a prevailing
party.
G. The attorney general or a district attorney may
investigate a potential violation of the Detransitioner
Protection Act and may seek production of documents or
testimony through a civil investigative demand and may bring an
action to enforce the provisions of that act."
SECTION 4. A new Section 24-36-4 NMSA 1978 is enacted to
read:
"24-36-4. [NEW MATERIAL ] DETRANSITIONER--RIGHT TO
EFFECTIVE CARE.--A health care provider or public body shall
not:
A. prohibit the provision of mental health therapy
to help a minor address an inconsistency between the minor's
sex and the minor's perceived gender or perceived sex; or
B. prohibit a parent from consenting to or
withholding consent from the provision of mental health therapy
to help that parent's minor address an inconsistency between
the minor's sex and the minor's perceived gender or perceived
sex."
SECTION 5. A new Section 24-36-5 NMSA 1978 is enacted to
read:
"24-36-5. [NEW MATERIAL ] PUBLIC TRANSPARENCY--GENDER
CLINIC REQUIRED REPORTS.--
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A. Every gender clinic operating in this state
shall provide a report of statistics regarding each gender
transition procedure prescribed or provided by the clinic or,
in the case of a minor, any interaction with a minor or that
minor's parent seeking information or access to a gender
transition procedure to the department on a form prescribed by
the department. The statistics reported shall include:
(1) the date on which the gender transition
procedure was prescribed or the referral was made for the
gender transition procedure;
(2) the age and sex of the person to whom the
gender transition procedure was prescribed or for whom the
gender transition procedure referral was made;
(3) whether a drug was prescribed as part of a
gender transition procedure and, if so, the:
(a) name of the drug;
(b) dosage, dosage frequency and
duration; and
(c) method by which the drug will be
administered;
(4) for a surgical procedure provided or for a
referral made for a surgical procedure as part of a gender
transition procedure, the type of surgical procedure,
identified by the system code listed in the American medical
association's current procedural technology code set;
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(5) the state and county of residence of the
person receiving the gender transition procedure;
(6) the name, contact information and medical
specialty of the health care provider who prescribed the gender
transition procedure or made the referral for the gender
transition procedure; and
(7) a description of any other neurological,
behavioral or mental health conditions that the person has been
diagnosed with or exhibits symptoms of, including autism
spectrum disorder, depression, anxiety or bipolar disorder.
B. The form required pursuant to this section shall
be:
(1) completed by each gender clinic at which a
gender transition procedure is prescribed or a referral is made
for a gender transition procedure;
(2) signed by the health care provider who
prescribes the gender transition procedure or makes a referral
for a gender transition procedure; and
(3) transmitted by the gender clinic to the
department within fifteen days after the end of the calendar
month during which the gender transition procedure was
prescribed or the referral was made for a gender transition
procedure.
C. Reporting forms required under this section
shall not contain the following personal information of the
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person receiving a gender transition procedure or a referral
for a gender transition procedure:
(1) the name of the person;
(2) common identifiers of the person,
including a social security number, a driver's license number
or other identifying information from a state-issued
identification card; or
(3) other information that would make it
reasonably possible to identify the person.
D. The department shall prepare a comprehensive
annual statistical report for the legislative finance committee
and the legislative health and human services committee based
upon the data gathered from forms submitted under this section.
The report shall include a detailed summary of the information
obtained. The report shall not disclose the identity of any
person or entity that is the subject of a report. The report
shall be published on the department's website and made
independently available to the public by the department in a
downloadable format.
E. A health care provider or public body in
violation of this section:
(1) has engaged in unprofessional conduct and
is subject to discipline by the appropriate licensing entity or
disciplinary review board with competent jurisdiction in this
state. That discipline shall include suspension of the ability
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to administer health care or practice medicine for at least one
year; and
(2) the gender clinic where the health care
provider is employed shall pay a civil fine not to exceed two
hundred fifty thousand dollars ($250,000).
F. The attorney general or a district attorney may
investigate a potential violation of this section, may seek
production of documents or testimony through a civil
investigative demand and may bring an action to enforce
compliance with this section."
SECTION 6. A new Section 24-36-6 NMSA 1978 is enacted to
read:
"24-36-6. [NEW MATERIAL ] PUBLIC BODY--GENDER CLINIC--
REQUIREMENT TO PROVIDE CERTAIN DETRANSITION PROCEDURES--RIGHT
TO INSURANCE COVERAGE.--
A. A public body or gender clinic that uses state
funds to directly or indirectly provide or pay for the
performance of gender transition procedures shall, as a
condition of receiving the state funds, agree to provide or pay
for the performance of detransition procedures for any person
for whom the public body or gender clinic provides or has
provided a gender transition procedure.
B. If an insurance policy includes coverage in this
state for gender transition procedures, the policy shall also
include coverage in this state for detransition procedures.
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C. Any entity providing insurance coverage for
detransition procedures shall provide statistics in a form
prescribed by the department regarding insurance claims for
detransition procedures in this state. The department shall
develop the form and shall include the required reporting of
the following:
(1) the number of insurance claims made for a
detransition procedure in this state;
(2) the age and sex of the individual
receiving the detransition procedure;
(3) if known, the date that the individual
initially began a prior gender transition procedure; and
(4) the state and county of residence of the
person receiving the gender transition procedure.
D. The form completed pursuant to this section
shall be transmitted by the gender clinic to the department
within fifteen days after the end of the calendar month during
which the claim for the detransition procedure was filed.
E. Reporting forms required under this section
shall not contain any of the following regarding the person
receiving a detransition procedure:
(1) the name of the person;
(2) common identifiers of the person,
including a social security number or a driver's license
number; or
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(3) other information that would make it
possible to identify the person.
F. The department shall prepare a comprehensive
annual statistical report for the legislative finance committee
and the legislative health and human services committee based
upon the data gathered from forms submitted under this section.
The report shall include a detailed summary of the information
obtained and shall not disclose the identity of a person or
entity that is the subject of a report. The report shall be
made independently available to the public by the department in
a downloadable format.
G. The attorney general or a district attorney may
investigate a potential violation of this section, may seek
production of documents or testimony through a civil
investigative demand and may bring an action to enforce
compliance with this section."
SECTION 7. A new Section 24-36-7 NMSA 1978 is enacted to
read:
"24-36-7. [NEW MATERIAL ] RIGHT TO LEGAL RESTORATION.--
A. Within thirty days of the effective date of the
Detransitioner Protection Act, the department shall develop an
expedited process for changing the sex, name, pronouns and any
other information recorded on a birth certificate, driver's
license or other legal document when the information had been
previously changed to align with an individual's perception of
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that individual's gender or sex at a time when that perception
was inconsistent with the individual's sex.
B. Any requirement of a court order for changing a
person's name in legal documents in this state as provided in
Section 40-8-1 NMSA 1978 is waived for changes made pursuant to
the Detransitioner Protection Act. To facilitate the expedited
process and the waiver of a court order, the vital records and
health statistics bureau of the department under the direction
of the state registrar shall maintain copies of original legal
documents, including certificates and reports of birth, when
those documents are changed to align with an individual's
perception of that individual's gender or sex when that
perception is inconsistent with the individual's sex."
SECTION 8. A new Section 24-36-8 NMSA 1978 is enacted to
read:
"24-36-8. [NEW MATERIAL ] HEALTH CARE PROVIDER OR PUBLIC
BODY--LIABILITY TO DETRANSITIONER--CAUSE OF ACTION--PENALTIES--
ENFORCEMENT.--
A. A health care provider or public body that
provides a minor with a gender transition procedure is strictly
and personally liable for all costs associated with subsequent
detransition procedures sought by the minor within twenty-five
years after the commencement of a gender transition procedure.
B. An individual who undergoes a detransition
procedure may bring a civil action either within twenty-five
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years from the day the individual becomes eighteen years of age
or within four years from the time the cost of a detransition
procedure is incurred, whichever date is later, against a
health care provider or a public body as provided in this
section in a court of competent jurisdiction for:
(1) the real value of the costs of any
detransition procedures;
(2) any other appropriate relief; and
(3) attorney fees and costs.
C. A health care provider or public body that
provides a minor with a gender transition procedure is strictly
liable to that minor if the procedure or the after-effects of
the procedure, including a subsequent detransition procedure,
result in any injury, including physical, psychological,
emotional or physiological harm, within twenty-five years of
the latest procedure provided by that health care provider.
D. An individual who suffers an injury as provided
in this section, or that individual's legal representative, may
bring a civil action either within twenty-five years from the
day the individual becomes eighteen years of age or within four
years from the time of discovery by the injured party of both
the injury and the causal relationship between the treatment
and the injury, whichever date is later, against the offending
health care provider or public body in a court of competent
jurisdiction for:
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(1) declaratory or injunctive relief;
(2) compensatory damages, including pain and
suffering, loss of reputation, loss of income or loss of
consortium, which includes the loss of expectation of sharing
parenthood;
(3) punitive damages;
(4) any other appropriate relief; and
(5) attorney fees and costs.
E. Exceptions to the limitations period in
Subsections B and C of this section include:
(1) if, at the time the individual subjected
to treatment attains the age of eighteen years of age, the
individual is under legal disability, the limitation period in
Subsections B and C of this section does not begin to run until
the removal of the disability; and
(2) the limitation period in Subsections B and
C of this section does not run during a time period when the
individual is subject to threats, intimidation, manipulation,
fraudulent concealment or fraud perpetrated by the health care
provider or public body that provided the treatment described
in Subsection A or C of this section or by any person acting in
the interest of the health care provider or the public body.
F. A health care provider or public body shall not
seek a contractual waiver of liability for a violation of
Subsection A or C of this section. Any attempted waiver is
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contrary to the public policy and is null and void.
G. Section 41-4-19 NMSA 1978 does not apply to
actions for damages under this section.
H. The attorney general or a district attorney may
investigate a potential violation of this section, may seek
production of documents or testimony through a civil
investigative demand and may bring an action to enforce
compliance with this section.
I. This section does not deny, impair or affect any
right or authority of the attorney general, this state or any
agency, officer or employee of this state, acting under any law
other than this section, to institute or intervene in any
proceeding."
SECTION 9. A new Section 24-36-9 NMSA 1978 is enacted to
read:
"24-36-9. [NEW MATERIAL ] SEVERABILITY.--If any part or
application of the Detransitioner Protection Act is held
invalid, the remainder or its application to other situations
or persons shall not be affected."
SECTION 10. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.
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