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23LSO-0661
2023
STATE OF WYOMING
23LSO-0661
ENGROSSED
3.0
SENATE FILE NO. SF0144
Chloe's law-children gender change prohibition.
Sponsored by: Senator(s) Bouchard, French, Hutchings, Ide, Laursen, D and McKeown and Representative(s) Heiner, Hornok and Winter
A BILL
for
AN ACT relating to public health and safety; prohibiting physicians from performing procedures for children related to gender transitioning and gender reassignment; providing an exception; providing that gender transitioning and reassignment procedures are grounds for suspension or revocation of a physician's or health care provider's license; prohibiting insurance coverage for children for gender transitioning and reassignment procedures; providing definitions; specifying applicability; requiring rulemaking; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 26
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20
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901 and 35
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4
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1001 are created to read:
ARTICLE 9
COVERAGE FOR GENDER
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RELATED PROCEDURES
26
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20
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901.
Health insurance; coverage of gender transition and reassignment procedures prohibited.
No individual or group health insurance policy providing coverage on an expense incurred basis, individual or group service or indemnity type contract issued by any insurer including any nonprofit corporation or individual or group service contract issued by a health maintenance organization or delivered on or after July 1, 2023 shall include coverage for any gender transitioning or gender reassignment procedure provided to or performed upon a child that is prohibited by W.S. 35
‑
4
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1001.
ARTICLE 10
GENDER
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RELATED PROCEDURES
35
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4
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1001.
Gender transitioning and reassignment procedures for children prohibited.
(a)
As used in this section:
(i)
"Child" means a person who is younger than eighteen (18) years of age;
(ii)
"Health care provider" means a person other than a physician who is licensed, certified or otherwise authorized by Wyoming law to provide or render health care or to dispense or prescribe a prescription drug in the ordinary course of business or practice of a profession;
(iii)
"Physician" means any person licensed to practice medicine in this state by the state board of medicine under the Medical Practice Act.
(b)
For purposes of transitioning a child's biological sex as determined by the sex organs and except as provided by subsection (c) of this section, chromosomes and endogenous profiles of the child or affirming the child's perception of the child's sex if that perception is inconsistent with the child's biological sex, no physician or health care provider shall:
(i)
Perform a surgery that sterilizes the child, including castration, vasectomy, hysterectomy, oophorectomy, metoidioplasty, orchiectomy, penectomy, phalloplasty and vaginoplasty;
(ii)
Perform a mastectomy;
(iii)
Provide, administer, prescribe or dispense any of the following prescription drugs that induce transient or permanent infertility:
(A)
Puberty suppression or blocking prescription drugs to stop or delay normal puberty;
(B)
Supraphysiologic doses of testosterone to females;
(C)
Supraphysiologic doses of estrogen to males.
(iv)
Remove any otherwise healthy or non
‑
diseased body part or tissue.
(c)
Subsection (b) of this section shall not apply to procedures or treatments that are performed with the consent of the child's parent or guardian and are for a child who is born with a medically verifiable genetic disorder of sex development, including 46, XX chromosomes with virilization, 46, XY with undervirilization or both ovarian and testicular tissue.
(d)
Subsection (b) of this section shall not apply to any procedure or treatment that is performed with the consent of the child's parent or guardian and is for a child with medically verifiable central precocious puberty.
Section 2.
W.S. 33
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21
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146(a)(xi), (xii) and by creating a new paragraph (xiii), 33
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24
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122(a)(intro), (ix) and by creating a new paragraph (xi)
and 33
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26
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402(a) by creating a new paragraph (xxxvi) are amended to read:
33
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21
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146.
Disciplining licensees and certificate holders; grounds.
(a)
The board of nursing may refuse to issue or renew, or may suspend or revoke the license, certificate or temporary permit of any person, or to otherwise discipline a licensee or certificate holder, upon proof that the person:
(xi)
Has failed to submit to a mental, physical or medical competency examination following a proper request by the board made pursuant to board rules and regulations and the Wyoming Administrative Procedure Act;
or
(xii)
Has violated a previously entered board order
;
.
or
(xiii)
Has violated W.S. 35
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4
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1001.
33
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24
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122.
Revocation or suspension of license and registration; letter of admonition; summary suspension; administrative penalties; probation; grounds.
(a)
The license and registration of any pharmacist may be revoked or suspended by the board of pharmacy or the board may issue a letter of admonition, refuse to issue or renew any license or require successful completion of a rehabilitation program or issue a summary suspension for any
one (1) or more
of the following causes:
(ix)
For senility or mental impairment which impedes the pharmacist's professional abilities or for habitual personal use of morphine, cocaine or other habit forming drugs or alcohol;
or
(xi)
For violating W.S. 35
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4
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1001.
33
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26
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402.
Grounds for suspension; revocation; restriction; imposition of conditions; refusal to renew or other disciplinary action.
(a)
The board may refuse to renew, and may revoke, suspend or restrict a license or take other disciplinary action, including the imposition of conditions or restrictions upon a license on one (1) or more of the following grounds:
(xxxvi)
Violating W.S. 35
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4
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1001.
Section 3.
(a)
This act shall apply to all insurance policies delivered or issued for delivery in this state on and after July 1, 2023.
(b)
W.S. 35
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4
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1001, as created by section 1 of this act, shall apply only to conduct or procedures occurring on and after the effective date of this act.
Section 4.
The insurance commissioner, department of health, state board of medicine and state board of pharmacy shall promulgate all rules necessary to implement this act.
Section 5
.
(a) Except as provided in subsection (b) of this section, this act is effective July 1, 2023
.
(b) Sections 4 and 5 of this act are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(END)
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SF0144