Bill Text: TX SB1342 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to prohibited nonconsensual genital surgery on certain minors with intersex traits.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-14 - Referred to State Affairs [SB1342 Detail]
Download: Texas-2017-SB1342-Introduced.html
85R9724 MCK-D | ||
By: Garcia | S.B. No. 1342 |
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relating to prohibited nonconsensual genital surgery on certain | ||
minors with intersex traits. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 266.001 through 266.012, Family Code, | ||
are designated as Subchapter A, Chapter 266, Family Code, and a | ||
heading is added to Subchapter A to read as follows: | ||
SUBCHAPTER A. GENERAL PROVISIONS; EDUCATIONAL SERVICES; MEDICAL | ||
CARE | ||
SECTION 2. Chapter 266, Family Code, is amended by adding | ||
Subchapter B to read as follows: | ||
SUBCHAPTER B. MEDICAL PROCEDURES AND TREATMENTS RELATED TO | ||
INTERSEX TRAITS | ||
Sec. 266.051. DEFINITIONS. In this subchapter: | ||
(1) "Intersex child" means an individual who is | ||
younger than 18 years of age and either: | ||
(A) has inborn chromosomal, gonadal, genital, or | ||
endocrine characteristics, or a combination of those | ||
characteristics, that are not suited to the typical definition of | ||
male or female or are atypical for the sex assigned; or | ||
(B) is considered by a medical professional to | ||
have inborn chromosomal, gonadal, genital, or endocrine | ||
characteristics that are ambiguous or atypical for the sex | ||
assigned. | ||
(2) "Medical procedure or treatment related to an | ||
intersex trait" includes genital surgery, gonadal surgery, or | ||
hormonal treatment to treat or modify an intersex trait. | ||
(3) "Medically necessary" means a medical procedure or | ||
treatment immediately necessary to treat an injury, illness, | ||
disease, or condition affecting the intersex child's health that if | ||
delayed would adversely affect the intersex child's physical | ||
health. | ||
Sec. 266.052. REQUIREMENTS FOR CERTAIN MEDICAL PROCEDURES | ||
OR TREATMENTS. A physician may not perform a medical procedure or | ||
treatment related to an intersex trait on a foster child younger | ||
than 12 years of age unless: | ||
(1) the procedure or treatment is medically necessary | ||
for the physical health of the child and the department consents to | ||
the procedure or treatment; or | ||
(2) the procedure or treatment is not medically | ||
necessary for the physical health of the child and a court | ||
authorizes the procedure or treatment as provided under this | ||
subchapter. | ||
Sec. 266.053. COURT APPROVAL OF CERTAIN MEDICAL PROCEDURES | ||
OR TREATMENTS. (a) If the department or an intersex child's | ||
physician wants the child to undergo a medical procedure or | ||
treatment related to an intersex trait that is not medically | ||
necessary for the physical health of the child, the department or | ||
physician may file a petition with the court having continuing | ||
jurisdiction over the intersex child seeking court approval of the | ||
procedure or treatment. | ||
(b) The court shall hold a hearing to determine whether the | ||
proposed medical procedure or treatment related to an intersex | ||
trait is in the child's best interest. | ||
(c) The child must be represented by an attorney at the | ||
hearing. The attorney for the child must: | ||
(1) possess adequate knowledge of intersex traits, the | ||
intersex population, and the range of medical procedures or | ||
treatments that may be pursued in connection with the child's | ||
intersex trait, including the option to delay any procedure or | ||
treatment; | ||
(2) communicate with the child, to the extent possible | ||
given the child's age, regarding: | ||
(A) the nature of the proposed medical procedure | ||
or treatment; | ||
(B) the extent to which the proposed medical | ||
procedure or treatment is irreversible; and | ||
(C) the projected outcome of, the possible risks | ||
associated with, and the alternatives, including delay, to the | ||
proposed medical procedure or treatment; | ||
(3) interview the child, to the extent possible given | ||
the child's age, to determine the child's wishes regarding the | ||
pursuit or delay of any proposed medical procedure or treatment; | ||
(4) assist the child, to the extent possible given the | ||
child's age, in assessing the child's desires related to the child's | ||
medical care and in communicating the child's desires to the court; | ||
and | ||
(5) for a child younger than 12 years of age, argue | ||
against a proposed medical procedure or treatment that is not | ||
medically necessary for the physical health of the child. | ||
(d) Any party to the suit may submit to the court a report or | ||
introduce evidence from a qualified expert on: | ||
(1) intersex traits and the intersex population in | ||
general; | ||
(2) the child's specific intersex traits; | ||
(3) the range of medical procedures and treatments | ||
that may be pursued in connection with the child's intersex traits, | ||
including delay; | ||
(4) the specific medical procedure or treatment | ||
proposed for the child, including the risks and anticipated | ||
benefits associated with the procedure or treatment and the | ||
possibility that the child's ultimate gender identity may differ | ||
from the sex assigned; | ||
(5) the extent to which the medical procedure or | ||
treatment: | ||
(A) is irreversible; and | ||
(B) may safely be delayed until the child is of an | ||
age to participate in the decision-making process; | ||
(6) the physician's responsibilities to obtain | ||
informed consent from the child and the child's parent or guardian | ||
and whether those responsibilities have been adequately | ||
discharged; and | ||
(7) the public statements of intersex individuals or | ||
patient advocates regarding Subdivisions (1)-(6). | ||
(e) Following the hearing, the court shall determine | ||
whether the proposed medical procedure or treatment related to an | ||
intersex trait is in the child's best interest and render an order | ||
with specific findings on: | ||
(1) whether clear and convincing evidence establishes | ||
that the short-term or long-term physical benefits of the proposed | ||
medical procedure or treatment outweigh the short-term or long-term | ||
physical risks; | ||
(2) whether clear and convincing evidence establishes | ||
that the short-term and long-term psychological benefits of the | ||
proposed medical procedure or treatment outweigh the short-term or | ||
long-term psychological risks; | ||
(3) the extent to which the proposed medical procedure | ||
or treatment would limit the child's future options for: | ||
(A) fertility; | ||
(B) development or construction of | ||
female-typical characteristics; | ||
(C) development or construction of male-typical | ||
characteristics; and | ||
(D) preservation of body characteristics | ||
unaltered by decisions the child did not initiate; and | ||
(4) whether clear and convincing evidence establishes | ||
that any limitation identified under Subdivision (3) is justified | ||
by an urgent need for the proposed medical procedure or treatment. | ||
(f) If the requirements of Sections 266.054(1) and (2) are | ||
satisfied, the court may consider the child's consent to the | ||
proposed medical procedure or treatment related to an intersex | ||
trait as clear and convincing evidence for purposes of the court's | ||
best-interest determination under Subsection (e). | ||
Sec. 266.054. FOSTER CHILD'S CONSENT TO MEDICAL PROCEDURE | ||
OR TREATMENT. Notwithstanding Section 32.003 or 266.004 or other | ||
law, a foster child 12 years of age or older may consent to a medical | ||
procedure or treatment related to an intersex trait if the child: | ||
(1) has been evaluated by a physician and a | ||
psychologist, both of whom have had previous experience treating | ||
patients with intersex traits, and the physician and psychologist | ||
determine the child has the maturity necessary to make decisions | ||
regarding the child's medical care; and | ||
(2) has been provided with the information necessary | ||
to enable the child to provide voluntary and informed consent to the | ||
proposed medical procedure or treatment, including: | ||
(A) the nature of the proposed medical procedure | ||
or treatment, including whether and to what extent the proposed | ||
procedure or treatment is irreversible; | ||
(B) the projected outcome of the proposed medical | ||
procedure or treatment, including whether the benefits of the | ||
procedure or treatment are medical, psychological, or social, and | ||
the strength of the evidence supporting the claims that the | ||
procedure or treatment provides each of those benefits; | ||
(C) the possible risks associated with the | ||
proposed medical procedure or treatment, including, as applicable, | ||
loss of reproductive capacity, loss of sexual function or | ||
sensation, and the child's ultimate gender identity differing from | ||
the sex assigned; and | ||
(D) the alternatives to the proposed medical | ||
procedure or treatment, including delaying the procedure or | ||
treatment. | ||
SECTION 3. 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 September 1, 2017. |