Bill Text: TX HB65 | 2021 | 87th Legislature 3rd Special Session | Introduced

Texas House Bill 65 (Prior Session Legislation)

Introduced

Bill Title: Relating to the provision of and professional liability insurance coverage for gender transitioning or gender reassignment medical procedures and treatments for certain children.

Spectrum: Partisan Bill (Republican 12-0)

Status: (Introduced - Dead) 2021-09-14 - Filed [HB65 Detail]

Download: Texas-2021-HB65-Introduced.html

	87S30040 EAS-D

	By: Krause	H.B. No. 65



	A BILL TO BE ENTITLED
	AN ACT
	relating to the provision of and professional liability insurance
	coverage for gender transitioning or gender reassignment medical
	procedures and treatments for certain children.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Chapter 161, Health and Safety Code, is amended
	by adding Subchapter X to read as follows:
	SUBCHAPTER X. GENDER TRANSITIONING AND GENDER REASSIGNMENT
	PROCEDURES AND TREATMENTS FOR CERTAIN CHILDREN
	Sec. 161.701. DEFINITIONS. In this subchapter:
	(1) "Child" means an individual who is younger than 18
	years of age.
	(2) "Health care provider" means a person other than a
	physician who is licensed, certified, or otherwise authorized by
	the laws of this state 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.
	(3) "Physician" means a person licensed to practice
	medicine in this state.
	Sec. 161.702. PROHIBITED PROVISION OF GENDER TRANSITIONING
	OR GENDER REASSIGNMENT PROCEDURES AND TREATMENTS TO CERTAIN
	CHILDREN. For the purpose 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, a physician or health care provider may not:
	(1) perform a surgery that sterilizes the child,
	including:
	(A) castration;
	(B) vasectomy;
	(C) hysterectomy;
	(D) oophorectomy;
	(E) metoidioplasty;
	(F) orchiectomy;
	(G) penectomy;
	(H) phalloplasty; and
	(I) vaginoplasty;
	(2) perform a mastectomy;
	(3) prescribe, administer, or supply any of the
	following medications that induce transient or permanent
	infertility:
	(A) puberty-blocking medication to stop or delay
	normal puberty;
	(B) supraphysiologic doses of testosterone to
	females; or
	(C) supraphysiologic doses of estrogen to males;
	or
	(4) remove any otherwise healthy or non-diseased body
	part or tissue.
	Sec. 161.703. EXCEPTIONS. (a) Section 161.702 does not
	apply to a physician's or health care provider's provision, with the
	consent of the child's parent or legal guardian, of appropriate and
	medically necessary gender transitioning or gender reassignment
	procedures or treatments to a child who:
	(1) is born with a medically verifiable genetic
	disorder of sex development, including:
	(A) 46, XX chromosomes with virilization;
	(B) 46, XY chromosomes with undervirilization;
	or
	(C) both ovarian and testicular tissue; or
	(2) does not have the normal sex chromosome structure
	for male or female as determined by a physician through genetic
	testing.
	(b) Section 161.702 does not apply to a physician's or
	health care provider's provision of a puberty suppression or
	blocking prescription drug to a child experiencing precocious
	puberty for the purpose of normalizing puberty for the child.
	Sec. 161.704. DISCIPLINARY ACTION. The Texas Medical Board
	or another state regulatory agency with jurisdiction over a health
	care provider subject to Section 161.702 shall revoke the license,
	certification, or authorization of a physician or health care
	provider who the board or agency determines has violated that
	section.
	SECTION 2. Subchapter F, Chapter 1901, Insurance Code, is
	amended by adding Section 1901.256 to read as follows:
	Sec. 1901.256. PROHIBITED COVERAGE FOR PROVISION OF CERTAIN
	GENDER-RELATED PROCEDURES AND TREATMENTS TO CERTAIN CHILDREN. A
	professional liability insurance policy issued to a physician or
	health care provider may not include coverage for damages assessed
	against the physician or health care provider who provides to a
	child gender transitioning or gender reassignment procedures or
	treatments that are prohibited by Section 161.702, Health and
	Safety Code.
	SECTION 3. Section 1901.256, Insurance Code, as added by
	this Act, applies only to a medical professional liability
	insurance policy that is delivered, issued for delivery, or renewed
	on or after May 1, 2022. An insurance policy that is delivered,
	issued for delivery, or renewed before May 1, 2022, is governed by
	the law in effect immediately before the effective date of this Act,
	and that law is continued in effect for that purpose.
	SECTION 4. This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect on the 91st day after the last day of the
	legislative session.