Proposes a constitutional amendment establishing the right to make medical decisions, including decisions on gender-affirming care

SECOND REGULAR SESSION
HOUSE JOINT
RESOLUTION NO. 142
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE FUCHS.
5595H.01I JOSEPH ENGLER, Chief Clerk
JOINT RESOLUTION
Submitting to the qualified voters of Missouri an amendment to Article I of the Constitution
of Missouri, by adopting one new section relating to the right to medical freedom.
Be it r esolved by the House of Repr esentatives, the Senate concurring ther ein:
That at the next general election to be held in the state of Missouri, on T uesday next
2 following the first Monday in November , 2026, or at a special election to be called by the
3 governor for that purpose, there is hereby submitted to the qualified voters of this state, for
4 adoption or rejection, the following amendment to Article I of the Constitution of the state of
5 Missouri:
Section A. Article I, Constitution of Missouri, is amended by adopting one new
2 section, to be known as Section 37, to read as follows:
Section 37. 1. Every individual has the right to make and carry out his or her
2 own medical decisions without government interfer ence as long as any such decision:
3 (1) Is made fr eely by the individual;
4 (2) Is supported by a licensed physician; and
5 (3) Is consistent with widely accepted and evidence-based standards of car e.
6 2. The state shall not, dir ectly or indirect ly , burden, penalize, pr ohibit, interfer e
7 with, or discriminate against:
8 (1) An individual's voluntary exercise of the right established in this section; or
9 (2) A person or entity that assists an individual exer cising the right established in
10 this section
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
11
12 unless the state demonstrates that the state is using the least r estrictive means to
13 advance the individual's health in accordance with widely accepted and evidence-based
14 standards of car e.
15 3. The right established in this section includes the right for individuals eighteen
16 years of age or older to make and carry out their own gender -affirming car e decisions
17 including, but not limited to:
18 (1) Decisions on the administration of cros s-sex hormones for the purpose of
19 gender -affirming care; and
20 (2) Decisions on gender -affirming medical pro cedure s including, but not limited
21 to, the following medical proced ures:
22 (a) Any of the following chest or top surgeries:
23 a. Mastectomy; or
24 b. Br east augmentation;
25 (b) Any of the following facial feminization or masculinization surgeries:
26 a. For ehead contouring;
27 b. Rhinoplasty (nose r eshaping);
28 c. Jaw and chin contouring;
29 d. Cheek augmentation;
30 e. Lip lift or augmentation;
31 f. Adam's apple red uction (tracheal shave);
32 g. Cheekbone contouring;
33 h. For ehead augmentation;
34 i. Body contouring;
35 j. Liposuction or fat r edistribution; or
36 k. Hip augmentation or waist redu ction;
37 (c) Any of the following genital or bottom surgeries:
38 a. V aginoplasty (cr eation of a neovagina using penile and scr otal tissue);
39 b. Orch iectomy (r emoval of the testes);
40 c. V ulvoplasty;
41 d. Phalloplasty;
42 e. Metoidioplasty;
43 f. Scr otoplasty;
44 g. Hyster ectomy; or
45 h. Oophorect omy;
46 (d) Any of the following voice or airway surgeries:
47 a. Feminization laryngoplasty; or
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48 b. Any voice-deepening pr ocedur e;
49 (e) Any repr oductive surgery , including fertility preservat ion options;
50 (f) Hairline advancement; and
51 (g) Body-hair rem oval.
52 4. As used in this section, the term "state" includes any state governmental
53 entity and any political subdivision.
✔
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