Purpose

This bill would prohibit genderaffirming care for minors in Minnesota and ban the use of public funds for such care. It also establishes penalties for violations, creates enforcement and reporting mechanisms, and adds related definitions to Minnesota law.

Definitions (key terms used in the bill)

• Minor: an individual under 18 years old.
• Genderaffirming care: medical or surgical interventions such as hormone therapy, puberty blockers, or gender reassignment surgery intended to affirm a person’s perceived gender identity when it differs from their biological sex at birth.
• Biological sex: the sex assigned at birth based on chromosomes, gonads, and genitalia.
• Intersex condition: a congenital condition where reproductive or sexual anatomy does not fit typical definitions of male or female.
• Health care provider: a licensed physician, surgeon, nurse practitioner, or other person authorized to provide medical care under Minnesota law.
• Interventions for intersex: surgical or medical steps to correct abnormalities related to an intersex condition, if medically necessary and approved by the minor’s guardian, and not intended to affirm a different gender identity.
• Public funds: government funding, including medical assistance or other Minnesota health care programs.

Prohibitions and scope

• Prohibition on care: No health care provider may knowingly provide genderaffirming care to a minor in Minnesota.
• Public funding prohibition: No public funds, including medical assistance or other state health programs, may be used to provide genderaffirming care to a minor.

Exceptions

• Medical conditions unrelated to gender identity: Treatment for a diagnosed medical condition (such as precocious puberty) that is deemed medically necessary by a licensed health care provider and approved by the minor’s legal guardian.
• Mental health counseling: Counseling or therapy that does not involve medical or surgical intervention and does not suggest, encourage, or affirm that the minor is a gender other than their biological sex as determined at birth.
• Intersex-related interventions: Surgical or medical interventions for an intersex condition that are medically necessary to correct the condition, approved by the minor’s guardian, and not intended to affirm a gender identity different from the minor’s biological sex.

Penalties

• Civil fines: A health care provider found in violation could be fined at least $500,000 per violation.
• Licensure: Professional license revocation by the appropriate licensing authority (e.g., Board of Medical Practice).
• Criminal penalties: Imprisonment for up to ten years.
• civil damages: The minor’s legal guardian may file a civil action for damages including emotional distress.

Enforcement and reporting

• Investigation: The Department of Health would investigate alleged violations.
• Reporting mechanism: Citizens may report suspected violations to the Department of Health, which would maintain a confidential reporting process.

Severability

If any provision or its application is held invalid, the rest of the section remains in effect.

Relevant Terms genderaffirming care minor biological sex birth intersex intersex condition hormone therapy puberty blockers gender reassignment surgery health care provider medical assistance Department of Health licensing board (e.g., Board of Medical Practice) civil fine emotional distress medical necessity guardian (legal guardian) confidential reporting severability