Texas 2023 - 88th Regular

Texas Senate Bill SB250 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Hall, et al. S.B. No. 250
2	2	(In the Senate - Filed November 28, 2022; February 15, 2023,
3	3	read first time and referred to Committee on State Affairs;
4	4	April 12, 2023, reported favorably by the following vote: Yeas 9,
5	5	Nays 2; April 12, 2023, sent to printer.)
6	6	Click here to see the committee vote
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the provision of and professional liability insurance
12	12	coverage for gender transitioning or gender reassignment medical
13	13	procedures and treatments for certain children.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Chapter 161, Health and Safety Code, is amended
16	16	by adding Subchapter X to read as follows:
17	17	SUBCHAPTER X. GENDER TRANSITIONING AND GENDER REASSIGNMENT
18	18	PROCEDURES AND TREATMENTS FOR CERTAIN CHILDREN
19	19	Sec. 161.701. DEFINITIONS. In this subchapter:
20	20	(1) "Child" means an individual who is younger than 18
21	21	years of age.
22	22	(2) "Health care provider" means a person other than a
23	23	physician who is licensed, certified, or otherwise authorized by
24	24	this state's laws to provide or render health care or to dispense or
25	25	prescribe a prescription drug in the ordinary course of business or
26	26	practice of a profession.
27	27	(3) "Physician" means a person licensed to practice
28	28	medicine in this state.
29	29	Sec. 161.702. PROHIBITED PROVISION OF GENDER TRANSITIONING
30	30	OR GENDER REASSIGNMENT PROCEDURES AND TREATMENTS TO CERTAIN
31	31	CHILDREN. For the purpose of transitioning a child's biological
32	32	sex as determined by the sex organs, chromosomes, and endogenous
33	33	profiles of the child or affirming the child's perception of the
34	34	child's sex if that perception is inconsistent with the child's
35	35	biological sex, a physician or health care provider may not:
36	36	(1) perform a surgery that sterilizes the child,
37	37	including:
38	38	(A) castration;
39	39	(B) vasectomy;
40	40	(C) hysterectomy;
41	41	(D) oophorectomy;
42	42	(E) metoidioplasty;
43	43	(F) orchiectomy;
44	44	(G) penectomy;
45	45	(H) phalloplasty; and
46	46	(I) vaginoplasty;
47	47	(2) perform a mastectomy;
48	48	(3) prescribe, administer, or supply any of the
49	49	following medications that induce transient or permanent
50	50	infertility:
51	51	(A) puberty-blocking medication to stop or delay
52	52	normal puberty;
53	53	(B) supraphysiologic doses of testosterone to
54	54	females; or
55	55	(C) supraphysiologic doses of estrogen to males;
56	56	or
57	57	(4) remove any otherwise healthy or non-diseased body
58	58	part or tissue.
59	59	Sec. 161.703. EXCEPTIONS. Section 161.702 does not apply
60	60	to the provision by a physician or health care provider, with the
61	61	consent of the child's parent or legal guardian, of appropriate and
62	62	medically necessary gender transitioning or gender reassignment
63	63	procedures or treatments to a child who:
64	64	(1) is born with a medically verifiable genetic
65	65	disorder of sex development, including:
66	66	(A) 46,XX chromosomes with virilization;
67	67	(B) 46,XY chromosomes with undervirilization; or
68	68	(C) both ovarian and testicular tissue; or
69	69	(2) does not have the normal sex chromosome structure
70	70	for male or female as determined by a physician through genetic
71	71	testing.
72	72	Sec. 161.704. DISCIPLINARY ACTION. The Texas Medical Board
73	73	or another state regulatory agency with jurisdiction over a health
74	74	care provider subject to Section 161.702 shall revoke the license,
75	75	certification, or authorization of a physician or health care
76	76	provider who the board or agency determines has violated that
77	77	section.
78	78	SECTION 2. Subchapter F, Chapter 1901, Insurance Code, is
79	79	amended by adding Section 1901.256 to read as follows:
80	80	Sec. 1901.256. PROHIBITED COVERAGE FOR PROVISION OF CERTAIN
81	81	GENDER-RELATED PROCEDURES AND TREATMENTS TO CERTAIN CHILDREN. A
82	82	professional liability insurance policy issued to a physician or
83	83	health care provider may not include coverage for damages assessed
84	84	against the physician or health care provider who provides to a
85	85	child gender transitioning or gender reassignment procedures or
86	86	treatments that are prohibited by Section 161.702, Health and
87	87	Safety Code.
88	88	SECTION 3. Section 1901.256, Insurance Code, as added by
89	89	this Act, applies only to a medical professional liability
90	90	insurance policy that is delivered, issued for delivery, or renewed
91	91	on or after the effective date of this Act. An insurance policy
92	92	that is delivered, issued for delivery, or renewed before the
93	93	effective date of this Act is governed by the law in effect
94	94	immediately before the effective date of this Act, and that law is
95	95	continued in effect for that purpose.
96	96	SECTION 4. This Act takes effect immediately if it receives
97	97	a vote of two-thirds of all the members elected to each house, as
98	98	provided by Section 39, Article III, Texas Constitution. If this
99	99	Act does not receive the vote necessary for immediate effect, this
100	100	Act takes effect September 1, 2023.
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