Missouri HB 1520: Modifies provisions relating to gender transition procedures

Bill Text

SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NOS. 1520, 1519, 2355 &
2357
102ND GENERAL ASSEMBLY
3009H.03C DANA RADEMAN MILLER, Chief Clerk
AN ACT
To repeal section 191.1720, RSMo, and to enact in lieu thereof two new sections relating to
gender transition procedures, with a delayed effective date for a certain section.
Be it enacted by the General Assembly of the state of Missouri, as follows:
SectionA. Section191.1720,RSMo,isrepealedandtwonewsectionsenactedinlieu
2 thereof, to be known as sections 191.1705 and 191.1720, to read as follows:
191.1705. 1. As used in this section, the following terms mean:
2 (1) "Health care institution", any public or private hospital, outpatient center
3 for primary care, medical center, physician organization, health care professional
4 association, outpatient center for surgical services, private physician's office, pharmacy,
5 long-termcare facility, medicalschool,nursing school,medicaltrainingfacility, orother
6 entity or location in which health care services are performed;
7 (2) "Healthcareprofessional",anyphysician;nurse practitionerorother nurse;
8 physician assistant; nurse's aide; allied health professional; medical assistant; employee
9 of a hospital, outpatient center for primary care, outpatient center for surgical services,
10 long-term care facility, or pharmacy; pharmacist; pharmacy technician; medical school
11 faculty member or student; nursing school faculty member or student; psychology or
12 counseling faculty member or student; medical researcher; laboratory technician;
13 counselor; social worker; or other person who facilitates or participates in a health care
14 service;
15 (3) "Sex reassignment or gender identity transitioning", the process in which a
16 person transitions from identifying with and living as a gender that corresponds to his
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

17 or her biological sex to identifying with and living as a gender different from his or her
18 biological sex and may involve social, legal, or physical changes.
19 2. (1) No health care institution or health care professional shall be required to
20 perform, assist, or participate in sex reassignment or gender identity transitioning
21 medical procedures, treatments, counseling, prescriptions, or surgeries if such
22 procedures, treatments, counseling, prescriptions, or surgeries are contrary to the
23 established policy of, or the moral, ethical, or religious beliefs of, such health care
24 institution or health care professional.
25 (2) No cause of action shall accrue against any such health care institution or
26 health care professional on account of such refusal to perform, assist, or participate in
27 sex reassignment or gender identity transitioning medical procedures, treatments,
28 counseling, prescriptions, or surgeries. This section may be used as a defense in any
29 purported action related to or arising out of the exercise of the rights protected by this
30 section.
31 3. No health care institution or health care professional shall be:
32 (1) Denied or discriminated against in the receipt of any public benefit,
33 assistance, or privilege whatsoever; or
34 (2) Denied or discriminated against in any public or private employment by any
35 means including, but not limited to, any adverse action related to hiring, promotion,
36 advancement, transfer, licensing, education, training, or granting of hospital privileges
37 or staff appointments
38
39 on the grounds that the health care institution or health care professional refuses to
40 perform, assist, or participate in sex reassignment or gender identity transitioning
41 medical procedures, treatments, counseling, prescriptions, or surgeries.
42 4. Any person who denies or discriminates against a health care institution or
43 health care professional for refusal to perform, assist, or participate in sex reassignment
44 or gender identity transitioning medical procedures, treatments, counseling,
45 prescriptions, or surgeries shall be liable to the party injured in an action at law, suit
46 in equity, or other form of redress. A prevailing party who establishes a violation of the
47 rights protected by this section shall be awarded reasonable attorney's fees.
48 5. Nothing in this section shall be construed to allow any person to deny
49 visitation, recognition of a designated representative for health caredecision-making, or
50 emergencymedicaltreatmentnecessarytocureanillnessorinjuryasrequiredbylawin
51 accordance with the Emergency Medical Treatment and Labor Act, 42 U.S.C. Section
52 1395dd, in effect on January 1, 2024.
HCS HBs 1520, 1519, 2355 & 2357 2

191.1720. 1. This section shall be known and may be cited as the "Missouri Save
2 Adolescents from Experimentation (SAFE) Act".
3 2. For purposes of this section, the following