Kentucky HB 321: AN ACT relating to public protection.

Bill Text

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AN ACT relating to public protection.  1 
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 
SECTION 1.      A  NEW  SECTION  OF  KRS  CHAPTER  438  IS  CREATED  TO 3 
READ AS FOLLOWS: 4 
(1) For the purposes of this section: 5 
(a) "Advanced  practice  registered  nurse"  has  the  same  meaning  as  in  KRS 6 
314.011; 7 
(b) "Disorders  of  sex  development"  means  congenital  conditions  in  which  the 8 
development  of  chromosomal,  gonadal,  or  anatomical  sex  is  atypical,  and 9 
excludes gender dysphoria; 10 
(c) "Gender dysphoria" means a person's persistent discomfort with his or her 11 
sex as assigned at birth; 12 
(d) "Medical    professional"    means    any    physician,    physician    assistant,  13 
advanced  practice  registered  nurse,  nurse,  nurse's  aide,  medical  assistant, 14 
or pharmacist licensed in this state; 15 
(e) "Minor"  means  any  person  under  the  age  of  eighteen  (18)  who  is  not  an 16 
emancipated minor; 17 
(f) "Nurse" has the same meaning as in KRS 314.011; 18 
(g)  "Physician" has the same meaning as in KRS 311.720; 19 
(h)  "Physician assistant" has the same meaning as in KRS 311.840; and 20 
(i) "Puberty-blocking medication" means medication administered to suppress 21 
the body's release of sex hormones during puberty; and 22 
(j) "Sex"  means  the  biological  state  of  being  female  or  male,  based  on  sex 23 
organs, chromosomes, and endogenous hormone profiles. 24 
(2) Notwithstanding any other provision of law, it shall be unlawful for any medical 25 
professional to engage in or cause to be performed any of the following practices 26 
upon  a  minor  in  order  to  facilitate  the  minor's  desire  to  present  or  appear  in  a 27 

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manner that is inconsistent with the minor's sex: 1 
(a) Performing    surgery,    including    castration,    vasectomy,    hysterectomy, 2 
oophorectomy,    mastectomy,    metoidioplasty,    orchiectomy,    penectomy, 3 
phalloplasty, cliterodectomy, and vaginoplasty; 4 
(b) Administering,  prescribing,  or  supplying  the  following  medications  that 5 
induce transient or permanent infertility:  6 
1. Puberty-blocking medication to stop or delay normal puberty; 7 
2. Supraphysiologic doses of testosterone or other androgens to members 8 
of the female sex; or 9 
3. Supraphysiologic  doses  of  estrogen  or  synthetic  compounds  with 10 
estrogenic activity to members of the male sex; or 11 
(c) Removing any otherwise healthy or non-diseased body part or tissue. 12 
(3) This  section  does  not  apply  to  the  treatment of  a  minor  born  with  a  medically 13 
verifiable genetic disorder of sexual development, including: 14 
(a) A  minor  with  external  biological  sex  characteristics  that  are  irresolvably 15 
ambiguous,  such  as  a  minor  born  having  forty-six  (46)  XX  chromosomes 16 
with  virilization,  forty-six  (46)  XY  chromosomes  with  undervirilization,  or 17 
having both ovarian and testicular tissue; or 18 
(b) When  a  medical  professional  has  otherwise  clinically  diagnosed  a disorder 19 
of sexual development. 20 
(4) (a) A medical professional who engages in or causes to be performed any of the 21 
practices  identified  in  subsection  (2)  of  this  section  shall  be  considered  to 22 
have  engaged  in  unprofessional  conduct  and shall be subject to revocation 23 
of  licensure  and  other  appropriate  discipline  by  the  medical  professional’s 24 
licensing board.  25 
(b) A  medical  professional  who  intentionally  engages  in  or  causes  to  be 26 
performed  any  of  the  practices  identified  in  subsection  (2)  of  this  section 27 

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shall be guilty of a Class D felony. 1 
(c) 1. Any individual injured by any act in violation of the provisions of this 2 
section  shall  have  a  civil  cause  of  action  in  Circuit  Court  to  enjoin 3 
further violations, and for compensatory and punitive damages, court 4 
costs, and reasonable attorney's fees.  5 
2. Minors  injured  by  practices  prohibited under  this  section  may  bring 6 
an  action  during  their  minority  through  a  parent  or  next  friend,  or 7 
may bring an action in their own name upon reaching majority at any 8 
time  from  that  point  until  twenty  (20)  years  after  reaching  the  age  of 9 
majority.  10 
SECTION 2.      A  NEW  SECTION  OF  KRS  CHAPTER  405  IS  CREATED  TO 11 
READ AS FOLLOWS: 12 
(1) For the purposes of this section: 13 
(a) "Gender dysphoria" means a person's persistent discomfort with his or her 14 
sex as assigned at birth;  15 
(b) "Government  agent"  means  any  employee,  volunteer,  or  contractor  of  a 16 
state agency, court, or school district;  17 
(c)    "Political    subdivision"    means    any    city,    county,    consolidated