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SF0099 • 2024

Children gender change prohibition.

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; providing definitions; specifying applicability; requiring rulemaking; and providing for effective dates.

Children Healthcare Parental Rights
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Senator Bouchard
Last action
2024-03-22
Official status
enrolled
Effective date
7/1/2024

Plain English Breakdown

The summary provided does not cover all aspects of the bill and may be incomplete.

Children Gender Change Prohibition

This law stops doctors from doing certain medical procedures on children related to changing their gender, but allows mental health treatment.

What This Bill Does

  • Doctors and other healthcare providers cannot perform surgeries that sterilize a child or give them drugs that delay puberty if the child is under 18 years old.
  • The law does not apply when parents agree to treatments for children with specific medical conditions, like genetic disorders of sex development or early puberty.
  • If doctors break this rule, they can lose their license to practice medicine.
  • The Department of Health and other boards must make rules to follow this new law.

Who It Names or Affects

  • Doctors and healthcare providers who work with children under 18 years old.
  • Parents or guardians whose children may need gender-related medical treatments.

Terms To Know

Gender transitioning
Changing one's physical appearance to match their gender identity, which can include medical procedures.
Healthcare provider
A person who is licensed or certified by the state to provide health care services.

Limits and Unknowns

  • The law does not say what happens if a child moves from another state where these procedures are allowed.
  • It's unclear how this will affect children with rare medical conditions that require specific treatments.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0099H2001

2nd reading • Representative Zwonitzer, Dn

Failed

Plain English: The amendment adds an exception for non-surgical medically necessary treatments related to gender transitioning when such decisions are made with parental consent.

  • Adds a new clause (iii) that allows non-surgical medical treatments for children's gender-related health issues if the child’s parent, guardian, or legal representative gives permission.
  • The amendment does not specify what types of non-surgical treatments are covered under this exception.
  • It is unclear how this amendment will interact with existing medical practices and constitutional rights.
SF0099H3001

3rd reading • Representative Larson, JT

Corrected, Failed

Plain English: The amendment adds a new section to the bill that allows psychological or psychiatric treatment for any diagnosis listed in the most recent edition of the Diagnostic and Statistical Manual.

  • Adds an exception allowing psychologists and psychiatrists to provide treatments based on diagnoses from the DSM (Diagnostic and Statistical Manual).
  • The amendment does not specify what types of psychological or psychiatric treatments are allowed, leaving some details unclear.
SF0099H3002

3rd reading • Representative Chestek

Withdrawn

Plain English: The amendment proposes to remove a specific line from the bill SF0099, which is related to public health and safety.

  • Removes one line from the original bill text.
  • It's unclear what content was in the deleted line or how its removal affects other parts of the bill.
SF0099H3003

3rd reading • Representative Penn

Failed

Plain English: The amendment removes an existing provision and adds new language that allows minors to receive developmentally appropriate psychotherapy.

  • Removes the previous third reading amendment by Larson, JT et al.
  • Adds a new section (d) which states that nothing in the bill shall be interpreted as prohibiting minors from receiving developmentally appropriate psychotherapy.
  • The exact content of the removed Larson, JT et al. amendment is not provided and thus cannot be explained further.
  • It's unclear what specific types of psychotherapy are considered 'developmentally appropriate' for minors.
SF0099H3004

3rd reading • Representative Harshman

Adopted

Plain English: The amendment adds a new provision allowing minors to receive mental health treatment without including treatments that are otherwise prohibited for gender transitioning.

  • Adds a new clause (d) to the bill which allows minors to get mental health care, but excludes any treatments that are not allowed under subsection (b)(iii).
  • The exact nature of the treatments excluded by subsection (b)(iii) is not specified in this amendment text.
SF0099HS001

Standing Committee • House Judiciary Committee

Divided

Plain English: The amendment adds language to clarify that the bill does not intend to restrict psychological or psychiatric treatment for gender dysphoria.

  • Adds a new section (d) on page 4 after line 22 stating that nothing in the article shall interfere with psychological or psychiatric care for individuals with gender dysphoria.
  • The amendment does not specify what types of psychological or psychiatric treatments are covered, leaving some uncertainty about its full impact.
SF0099HS001.01

Standing Committee • House Judiciary Committee

Corrected, Adopted

Plain English: The amendment removes the phrase 'Chloe's law-' from the bill's catch title.

  • Removes the phrase 'Chloe's law-' from the bill's catch title.
SF0099HS001.02

Standing Committee • House Judiciary Committee

Corrected, Failed

Plain English: The amendment adds a new section (d) to the bill, stating that the provisions of the bill should not affect psychological or psychiatric treatment for gender dysphoria.

  • Adds a new section (d) after existing section (c) in the bill text.
  • The amendment does not specify what types of psychological or psychiatric care are covered, leaving some uncertainty about its full impact.

Bill History

  1. 2024-03-22 LSO

    Assigned Chapter Number 113

  2. 2024-03-22 Governor

    Governor Signed SEA No. 0052

  3. 2024-03-07 House

    H Speaker Signed SEA No. 0052

  4. 2024-03-07 Senate

    S President Signed SEA No. 0052

  5. 2024-03-07 LSO

    Assigned Number SEA No. 0052

  6. 2024-03-07 Senate

    S Concur:Passed 28-2-1-0-0

  7. 2024-03-07 Senate

    S Received for Concurrence

  8. 2024-03-06 House

    H 3rd Reading:Passed 55-6-1-0-0

  9. 2024-03-05 House

    H 2nd Reading:Passed

  10. 2024-03-04 House

    H COW:Passed

  11. 2024-03-04 House

    H Placed on General File

  12. 2024-03-04 House

    H01 - Judiciary:Recommend Amend and Do Pass 7-2-0-0-0

  13. 2024-02-29 House

    H Introduced and Referred to H01 - Judiciary

  14. 2024-02-28 House

    H Received for Introduction

  15. 2024-02-27 Senate

    S 3rd Reading:Passed 26-5-0-0-0

  16. 2024-02-26 Senate

    S 2nd Reading:Passed

  17. 2024-02-23 Senate

    S COW:Passed

  18. 2024-02-21 Senate

    S Placed on General File

  19. 2024-02-21 Senate

    S10 - Labor:Recommend Do Pass 5-0-0-0-0

  20. 2024-02-16 Senate

    S Introduced and Referred to S10 - Labor 25-5-1-0-0

  21. 2024-02-13 Senate

    S Received for Introduction

  22. 2024-02-12 LSO

    Bill Number Assigned

Official Summary Text

Bill Summary - 24LSO-0042

Bill No.:

SF0099

Effective:

Multiple Dates

LSO No.:

24LSO-0042

Enrolled Act No.:

SEA No. 0052

Chapter No.:

113

Prime Sponsor:

Bouchard

Catch Title:

Children gender change prohibition.

Has Report:

No

Subject:

Prohibiting physicians from performing procedures related to gender transitioning and gender reassignment.

Summary/Major Elements:

This act provides that no physician or health care provider shall perform various medical procedures related to transitioning a child's biological sex or affirming the child's perception of the child's sex if different from the child's biological sex. The procedures prohibited include:

Specified surgeries that sterilize the child.
Mastectomies.
The provision or dispensing of prescription drugs that cause puberty suppression or that delay normal puberty.
Supraphysiologic doses of testosterone to females.
Supraphysiologic doses of estrogen to males.
Procedures that remove any otherwise healthy or nondiseased body part or tissue.

The prohibition does not apply to procedures to which the child's parent consents and are for a child born with a medically verifiable genetic disorder of sex development or for a child with medically verifiable central precocious puberty.

Nothing in this act is to be construed to prohibit a minor from receiving mental health treatment, so long as the treatment does not include any of the prohibited procedures.

The act provides that a violation of this act may be grounds for discipline for physicians, pharmacists and nurses.

The act requires the Department of Health, the State Board of Medicine and the State Board of Pharmacy to promulgate rules to implement the act.

Comments:

The
act
has a split effective date. The act is effective July 1, 2024, except for provisions authorizing rulemaking, which are effective immediately.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text
24LSO-0042

ORIGINAL Senate

ENGROSSED
File No
.
SF0099

ENROLLED ACT NO. 52,

SENATE

SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING
2024 Budget Session

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; 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. 35
‑
4
‑
1001 is created to read:

ARTICLE 10
GENDER
‑
RELATED PROCEDURES

35
‑
4
‑
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)

Except as provided in subsection (c) of this section and for purposes of transitioning a child's biological sex as determined by the sex organs, 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 nondiseased body part or tissue.

(c)

This section shall not apply to:

(i)

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;

(ii)

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.

(d)

Nothing in this section shall be construed to prohibit a minor from receiving mental health treatment, provided that such treatment shall not include any treatments prohibited by subsection (b)(iii) of this section.

Section 2.

W.S. 33
‑
21
‑
146(a)(xi), (xii) and by creating a new paragraph (xiii), 33
‑
24
‑
122(a)(intro), (ix) and by creating a new paragraph (xi)

and 33
‑
26
‑
402(a) by creating a new paragraph (xxxvi) are amended to read:

33
‑
21
‑
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
‑
4
‑
1001.

33
‑
24
‑
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
‑
4
‑
1001.

33
‑
26
‑
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
‑
4
‑
1001.

Section 3.

W.S. 35
‑
4
‑
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 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, 2024.

(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)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1