SF4912

Purpose

• Establishes a prohibition on gender-affirming medical care and certain counseling for minors (under 18) in Minnesota.
• Proposes penalties and enforcement mechanisms, and seeks to codify these provisions into Minnesota Statutes Chapter 144.

Key Definitions

• Minor: an individual under 18 years old.
• Gender-affirming care: medical or surgical interventions such as hormone therapy, puberty blockers, or gender reassignment surgery intended to affirm a person’s perceived gender identity.
• Biological sex: the sex assigned at birth, based on chromosomes, gonads, and genitalia.
• Health care provider: licensed physicians, surgeons, nurse practitioners, or others authorized to provide medical care in Minnesota.
• Intersex condition: a congenital condition where reproductive or sexual anatomy doesn’t fit typical male or female definitions.

Prohibited Actions and Exceptions

• Prohibition: health care providers may not knowingly provide gender-affirming care to a minor in Minnesota.
• Public funds: no use of public funds (including medical assistance or other state health programs) to provide gender-affirming care to a minor.
• Exceptions:
  • Treatment of a minor for a diagnosed medical condition unrelated to gender identity (e.g., precocious puberty) if medically necessary and approved by the minor’s legal guardian.
  • Mental health counseling or therapy that does not involve medical or surgical intervention and does not encourage or affirm that the minor is a gender other than their biological sex as determined at birth.
  • Surgical or medical interventions for an intersex condition when medically necessary to correct anatomical anomalies, approved by the minor’s guardian, and not intended to affirm a gender identity different from the minor’s biological sex.

Penalties

• Civil fine: at least $500,000 per violation for providing prohibited gender-affirming care (or related violations).
• Licensure: revocation of the health care provider’s license by the relevant licensing authority (e.g., Board of Medical Practice).
• Imprisonment: up to ten years in prison.
• civil action: the minor’s legal guardian may sue for damages including emotional distress in addition to the penalties above.

Enforcement and Reporting

• Enforcement: the Department of Health can investigate alleged violations.
• Reporting: individuals may report suspected violations to the Department of Health, which must maintain a confidential reporting mechanism.

Severability

• If any provision or its application is held invalid, the rest of the section remains in effect and applies to other persons or circumstances.

Relevant terms - gender-affirming care - minors / under 18 - hormone therapy - puberty blockers - gender reassignment surgery - biological sex - intersex condition - health care provider - public funds - Minnesota Department of Health - Board of Medical Practice - civil fine - license revocation - imprisonment - mental health counseling - medical necessity - guardian consent - emotional distress