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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of and professional liability insurance |
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coverage for gender transitioning or gender reassignment medical |
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procedures and treatments for certain children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 161, Health and Safety Code, is amended |
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by adding Subchapter X to read as follows: |
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SUBCHAPTER X. GENDER TRANSITIONING AND GENDER REASSIGNMENT |
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PROCEDURES AND TREATMENTS FOR CERTAIN CHILDREN |
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Sec. 161.701. DEFINITIONS. In this subchapter: |
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(1) "Child" means an individual who is younger than 18 |
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years of age. |
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(2) "Health care provider" means a person other than a |
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physician who is licensed, certified, or otherwise authorized by |
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the laws of this state to provide or render health care or to |
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dispense or prescribe a prescription drug in the ordinary course of |
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business or practice of a profession. |
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(3) "Physician" means a person licensed to practice |
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medicine in this state. |
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Sec. 161.702. PROHIBITED PROVISION OF GENDER TRANSITIONING |
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OR GENDER REASSIGNMENT PROCEDURES AND TREATMENTS TO CERTAIN |
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CHILDREN. For the purpose of transitioning a child's biological |
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sex as determined by the sex organs, chromosomes, and endogenous |
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profiles of the child or affirming the child's perception of the |
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child's sex if that perception is inconsistent with the child's |
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biological sex, a physician or other health care provider may not: |
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(1) perform a surgery that sterilizes the child, |
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including: |
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(A) castration; |
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(B) vasectomy; |
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(C) hysterectomy; |
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(D) oophorectomy; |
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(E) metoidioplasty; |
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(F) orchiectomy; |
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(G) penectomy; |
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(H) phalloplasty; and |
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(I) vaginoplasty; |
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(2) perform a mastectomy; |
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(3) prescribe, administer, or supply any of the |
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following medications that induce transient or permanent |
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infertility: |
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(A) puberty-blocking medication to stop or delay |
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normal puberty; |
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(B) supraphysiologic doses of testosterone to |
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females; or |
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(C) supraphysiologic doses of estrogen to males; |
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or |
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(4) remove any otherwise healthy or non-diseased body |
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part or tissue. |
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Sec. 161.703. EXCEPTIONS. The prohibitions under Section |
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161.702 do not apply to the provision by a physician or other health |
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care provider, with the consent of the child's parent or legal |
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guardian, of appropriate and medically necessary gender |
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transitioning or gender reassignment procedures or treatments to a |
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child who: |
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(1) is born with a medically verifiable genetic |
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disorder of sex development, including: |
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(A) 46, XX chromosomes with virilization; |
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(B) 46, XY chromosomes with undervirilization; |
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or |
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(C) both ovarian and testicular tissue; or |
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(2) does not have the normal sex chromosome structure |
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for male or female as determined by a physician through genetic |
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testing. |
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Sec. 161.704. DISCIPLINARY ACTION. The Texas Medical Board |
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or another state regulatory agency with jurisdiction over a health |
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care provider subject to Section 161.702 shall revoke the license, |
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certification, or authorization of a physician or health care |
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provider who the board or agency determines has violated that |
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section. |
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SECTION 2. Subchapter F, Chapter 1901, Insurance Code, is |
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amended by adding Section 1901.256 to read as follows: |
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Sec. 1901.256. PROHIBITED COVERAGE FOR PROVISION OF CERTAIN |
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GENDER-RELATED PROCEDURES AND TREATMENTS TO CERTAIN CHILDREN. A |
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professional liability insurance policy issued to a physician or |
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health care provider may not include coverage for damages assessed |
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against the physician or health care provider who provides to a |
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child gender transitioning or gender reassignment procedures or |
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treatments that are prohibited by Section 161.702, Health and |
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Safety Code. |
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SECTION 3. Section 1901.256, Insurance Code, as added by |
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this Act, applies only to a medical professional liability |
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insurance policy that is delivered, issued for delivery, or renewed |
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on or after January 1, 2022. An insurance policy that is delivered, |
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issued for delivery, or renewed before January 1, 2022, is governed |
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by the law in effect immediately before the effective date of this |
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Act, and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |