An Act prohibiting minor medical procedures that cause permanent and irreparable damage due to certain sex transitioning procedures; prescribing penalties; and establishing a private right of action.

PRINTER'S NO. 921
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 843
Session of
2025
INTRODUCED BY J. WARD, STEFANO, HUTCHINSON, MARTIN, DUSH,
KEEFER, MASTRIANO AND BAKER, JUNE 9, 2025
REFERRED TO HEALTH AND HUMAN SERVICES, JUNE 9, 2025
AN ACT
Prohibiting minor medical procedures that cause permanent and
irreparable damage due to certain sex transitioning
procedures; prescribing penalties; and establishing a private
right of action.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Do No Harm
Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Congenital defect." A physical or chemical abnormality
present in a minor that is inconsistent with the normal
development of a human being of the minor's sex, including an
abnormality caused by a medically verifiable disorder of sex
development. The term does not include gender dysphoria, gender
identity disorder, gender incongruence or a mental condition,
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disorder, disability or abnormality.
"Government program." A program of government-sponsored or
government-subsidized health care coverage, including:
(1) The Children's Health Insurance Program under
Article XXIII-A of the act of May 17, 1921 (P.L.682, No.284),
known as The Insurance Company Law of 1921.
(2) The medical assistance program under Subdivision (f)
of Article IV of the act of June 13, 1967 (P.L.31, No.21),
known as the Human Services Code.
"Health care practitioner." As defined in section 103 of the
act of July 19, 1979 (P.L.130, No.48), known as the Health Care
Facilities Act.
"Health insurance policy." A policy, subscriber contract,
certificate or plan issued by an insurer that provides medical
or health care coverage. The term includes a dental only and a
vision only policy. The term does not include:
(1) An accident only policy.
(2) A credit only policy.
(3) A long-term care or disability income policy.
(4) A specified disease policy.
(5) A Medicare supplement policy.
(6) A TRICARE policy, including a Civilian Health and
Medical Program of the Uniformed Services (CHAMPUS)
supplement policy.
(7) A fixed indemnity policy.
(8) A hospital indemnity policy.
(9) A worker's compensation policy.
(10) An automobile medical payment policy under 75
Pa.C.S. (relating to vehicles).
(11) A homeowner's insurance policy.
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(12) Any other similar policy providing for limited
benefits.
"Insurer." An entity licensed by the Insurance Department of
the Commonwealth that offers, issues or renews a health
insurance policy and is governed under any of the following:
(1) The act of December 29, 1972 (P.L.1701, No.364),
known as the Health Maintenance Organization Act.
(2) 40 Pa.C.S. Ch. 61 (relating to hospital plan
corporations).
(3) 40 Pa.C.S. Ch. 63 (relating to professional health
services plan corporations).
"Licensing board." A licensing board within the Bureau of
Professional and Occupational Affairs of the Department of State
with jurisdiction over a health care practitioner.
"Medical procedure." Surgical removal, modification,
alteration or entry into the tissue, cavity or organ of an
individual. The term includes prescribing, administering or
dispensing a puberty blocker, hormone, anti-androgen or
dihydrotestosterone-blocker to an individual.
"Minor." An individual who is under 18 years of age.
"Physician." A medical doctor or doctor of osteopathy.
"Puberty blocker." A drug or device that suppresses the
production of hormones in a minor's body to stop, delay or
suppress pubertal development.
"Sex." An individual's immutable characteristics of the
reproductive system that define the individual as male or
female, as determined by anatomy and genetics existing at the
time of birth.
Section 3. Prohibiting medical procedures on minors.
(a) Health care practitioners.--A health care practitioner
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may not knowingly perform or offer to perform on a minor,
administer or offer to administer to a minor, or prescribe or
offer to prescribe a minor or provide or offer to provide a
minor with a referral in this Commonwealth for, a medical
procedure if the performance or administration of the procedure
is for the purpose of:
(1) enabling the minor to identify with or live as a
purported identity inconsistent with the minor's sex; or
(2) treating purported discomfort or distress from a
discordance between the minor's sex and asserted identity.
(b) Construction.--
(1) Nothing in this section shall be construed to
restrict any of the following:
(i) A service provided to an individual born with a
congenital defect, precocious puberty, disease or
physical injury. For the purposes of this subparagraph,
the term "disease" does not include gender dysphoria,
gender identity disorder, gender incongruence or a mental
condition, disorder, disability or abnormality.
(ii) A medically necessary procedure, as determined
by a physician, undertaken to prevent death or impairment
of a major bodily function.
(iii) A medical procedure on a minor, the
performance or administration of which began prior to the
effective date of this section and concludes within 365
days after the effective date of this section if:
(A) the minor's treating physician certifies in
writing that, in the physician's good faith medical
judgment, based upon the facts known to the physician
at the time, ending the medical procedure would be
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physically harmful to the minor; and
(B) the certification includes findings
supporting the certification and must be made a part
of the minor's medical record.
(2) Nothing in paragraph (1)(iii) shall be construed to
authorize a health care practitioner to perform or administer
a medical procedure that is different from the medical
procedure performed prior to the effective date of this
section when the sole purpose of the subsequent medical
procedure is to:
(i) enable the minor to identify with, or live as, a
purported identity inconsistent with the minor's sex; or
(ii) treat purported discomfort or distress from a
discordance between the minor's sex and asserted
identity.
Section 4. Additional prohibitions.
(a) Insurers.--Except as authorized under section 3(b), an
insurer may not provide a health insurance policy to provide
coverage for medical procedures outlined under section 3(a).
(b) Government programs.--Except as authorized under section
3(b), a government program may not provide coverage for medical
procedures described under section 3(a).
Section 5. Penalties and enforcement.
(a) Licensure discipline.--A health care practitioner who
violates section 3(a) shall be subject to discipline by the
applicable licensing board with jurisdiction over the health
care practitioner. A licensing board with jurisdiction over a
health care practitioner who violates section 3(a) shall
consider the violation to be a violation of the health care
practitioner's scope of practice as specified under State law
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and grounds for professional misconduct, sanctions and
discipline as specified under State law.
(b) Private right of action.--A minor or legal guardian of a
minor who is aggrieved by a violation of section 3(a) may bring
an action in a court of proper jurisdiction for damages and
injunctive relief against the health care practitioner who has
committed or attempted to commit the violation.
(c) Limitations.--An action under subsection (b) must be
brought no later than two years after the day the minor reaches
the age of majority.
(d) Criminal penalty.--A person who violates section 3(a)
commits a felony of the third degree.
(e) Enforcement.--
(1) The Attorney General shall have the power and duty
to enforce this section and may take such action as may be
necessary to ascertain and investigate alleged violations of
this section.
(2) The Attorney General and the district attorneys of
the several counties shall have concurrent authority to
institute criminal proceedings under this section.
(3) Nothing contained in this subsection shall be
construed to limit the regulatory or investigative authority
of any department or agency of the Commonwealth whose
functions might relate to persons falling within the scope of
this section.
Section 6. Severability.
The provisions of this act are severable. If any provision of
this act or its application to any person or circumstance is
held invalid, the invalidity shall not affect other provisions
or applications of this act which can be given effect without
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the invalid provision or application.
Section 7. Effective date.
This act shall take effect in 60 days.
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