AB 977

This bill prohibits physician and health care providers from providing any

gender transition procedure to an individual under 18 years of age. The bill also

prohibits a physician or health care provider from referring an individual under 18

years of age to any other health care provider for any gender transition procedure.

“Gender transition procedure” is defined in the bill as a medical or surgical service

provided or performed for the purpose of assisting an individual with a physical

gender transition.

Under the bill, no one may use public moneys for any entity, organization, or

individual that provides any gender transition procedure to an individual under 18

years of age. Facilities owned by and health care providers employed by the state

may not include gender transition procedures for individuals under 18 years of age

in their provided health care services. Under the bill, amounts paid by an entity,

organization, or individual for a gender transition procedure or for premiums for

health care coverage that includes gender transition procedures is not tax

deductible.

The bill prohibits the Department of Health Services from reimbursing or

providing as a benefit under the Medical Assistance program any gender transition

procedure for an individual under 18 years of age. The bill also prohibits a health

insurance policy or self-insured governmental health plan from providing coverage

of any gender transition procedure for an individual under 18 years of age. Health

insurance policies are referred to in the bill as disability insurance policies.

The bill specifies that a violation of the prohibitions on providing to an

individual under 18 years of age, or referring an individual under 18 years of age for,

a gender transition procedure is presumed to be reckless conduct for purposes of civil

liability. The bill explicitly allows an individual injured by such a violation or a

parent, guardian, or legal representative of an injured individual to bring a claim for

any of the damages specified in the bill. The action must be commenced before 30

years after the date the injured individual reached the age of 18. A legal disability

of the injured individual when the individual attains the age of 18 tolls the time to

bring the action until the disability is resolved. Any time during which the injured

individual is subject to threats, intimidation, manipulation, fraudulent

concealment, or fraud by the physician or health care provider involved in the gender

transition procedure or a person acting in that physician's or health care provider's

interest also tolls the time to bring the action. Under the bill, an allegation that a

physician violated either of the prohibitions on providing to an individual under 18

years of age, or referring an individual under 18 years of age for, a gender transition

procedure is considered an allegation of unprofessional conduct, and the Medical

Examining Board is required to investigate allegations of unprofessional conduct.

The attorney general and any district attorney is also authorized to bring an action

to enforce the bill.