Pennsylvania SB 843: An Act prohibiting minor medical procedures that cause permanent and irreparable damage due to certain sex transitioning procedures; prescribing penalties; and establishing a private right of action.

Bill Text

PRINTER'S NO. 921
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 843
Session of
2025
INTRODUCED BY J. WARD, STEFANO, HUTCHINSON, MARTIN, DUSH,
KEEFER, MASTRIANO AND BAKER, JUNE 9, 2025
REFERRED TO HEALTH AND HUMAN SERVICES, JUNE 9, 2025
AN ACT
Prohibiting minor medical procedures that cause permanent and
irreparable damage due to certain sex transitioning
procedures; prescribing penalties; and establishing a private
right of action.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Do No Harm
Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Congenital defect." A physical or chemical abnormality
present in a minor that is inconsistent with the normal
development of a human being of the minor's sex, including an
abnormality caused by a medically verifiable disorder of sex
development. The term does not include gender dysphoria, gender
identity disorder, gender incongruence or a mental condition,
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disorder, disability or abnormality.
"Government program." A program of government-sponsored or
government-subsidized health care coverage, including:
(1) The Children's Health Insurance Program under
Article XXIII-A of the act of May 17, 1921 (P.L.682, No.284),
known as The Insurance Company Law of 1921.
(2) The medical assistance program under Subdivision (f)
of Article IV of the act of June 13, 1967 (P.L.31, No.21),
known as the Human Services Code.
"Health care practitioner." As defined in section 103 of the
act of July 19, 1979 (P.L.130, No.48), known as the Health Care
Facilities Act.
"Health insurance policy." A policy, subscriber contract,
certificate or plan issued by an insurer that provides medical
or health care coverage. The term includes a dental only and a
vision only policy. The term does not include:
(1) An accident only policy.
(2) A credit only policy.
(3) A long-term care or disability income policy.
(4) A specified disease policy.
(5) A Medicare supplement policy.
(6) A TRICARE policy, including a Civilian Health and
Medical Program of the Uniformed Services (CHAMPUS)
supplement policy.
(7) A fixed indemnity policy.
(8) A hospital indemnity policy.
(9) A worker's compensation policy.
(10) An automobile medical payment policy under 75
Pa.C.S. (relating to vehicles).
(11) A homeowner's insurance policy.
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(12) Any other similar policy providing for limited
benefits.
"Insurer." An entity licensed by the Insurance Department of
the Commonwealth that offers, issues or renews a health
insurance policy and is governed under any of the following:
(1) The act of December 29, 1972 (P.L.1701, No.364),
known as the Health Maintenance Organization Act.
(2) 40 Pa.C.S. Ch. 61 (relating to hospital plan
corporations).
(3) 40 Pa.C.S. Ch. 63 (relating to professional health
services plan corporations).
"Licensing board." A licensing board within the Bureau of
Professional and Occupational Affairs of the Department of State
with jurisdiction over a health care practitioner.
"Medical procedure." Surgical removal, modification,
alteration or entry into the tissue, cavity or organ of an
individual. The term includes prescribing, administering or
dispensing a puberty blocker, hormone, anti-androgen or
dihydrotestosterone-blocker to an individual.
"Minor." An individual who is under 18 years of age.
"Physician." A medical doctor or doctor of osteopathy.
"Puberty blocker." A drug or device that suppresses the
production of hormones in a minor's body to stop, delay or
suppress pubertal development.
"Sex." An individual's immutable characteristics of the
reproductive system that define the individual as male or
female, as determined by anatomy and genetics existing at the
time of birth.
Section 3. Prohibiting medical procedures on minors.
(a) Health care practitioners.--A health care practitioner
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may not knowingly perform or offer to perform on a minor,
administer or offer to administer to a minor, or prescribe or
offer to prescribe a minor or provide or offer to provide a
minor with a referral in this Commonwealth for, a medical
procedure if the performance or administration of the procedure
is for the purpose of:
(1) enabling the minor to identify with or live as a
purported identity inconsistent with the minor's sex; or
(2) treating purported discomfort or distress from a
discordance between the minor's sex and asserted identity.
(b) Construction.--
(1) Nothing in this section shall be construed to
restrict any of the following:
(i) A service provided to an individual born with a
congenital defect, precocious puberty, disea