PREFILED DEC 22 2021
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REFERENCE TITLE: minors; gender identity; reassignment; prohibitions |
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State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
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SB 1045 |
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Introduced by Senator Rogers
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AN ACT
Amending Title 15, chapter 5, article 1, Arizona Revised Statutes, by adding section 15-509; amending title 32, chapter 32, article 1, Arizona Revised Statutes, by adding section 32-3229.01; relating to gender.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 15, chapter 5, article 1, Arizona Revised Statutes, is amended by adding section 15-509, to read:
15-509. Gender identity; withholding information; prohibition; definitions
A. A nurse, counselor, teacher, PRINCIPAL or other administrative official at a public or private school attended by a minor child may not do either of the following:
1. Encourage or coerce a minor child to withhold from the minor child's parent or legal guardian the fact that the minor child's perception of his or her gender or sex is inconsistent with the minor child's biological sex.
2. Withhold from a minor child's parent or legal guardian information related to the minor child's perception that his or her gender or sex is inconsistent with his or her biological sex.
B. For the purposes of this section:
1. "Biological sex" means the biological state of being male or female based on the individual's sex organs, chromosomes and endogenous hormone profiles.
2. "Minor child" means an individual who is under eighteen years of age.
Sec. 2. Title 32, chapter 32, article 1, Arizona Revised Statutes, is amended by adding section 32-3229.01, to read:
32-3229.01. Gender reassignment; prohibitions; minors; violations; classification; definitions
A. A health professional may not engage in and may not cause to be performed any of the following practices on a minor child if the practice is performed for the purpose of attempting to alter the appearance of the minor child or to affirm the minor child's perception of his or her gender or sex, if that perception is inconsistent with the minor child's biological sex:
1. Prescribing, dispensing, administering or otherwise supplying puberty-blocking medication to stop or delay normal puberty.
2. Prescribing, dispensing, administering or otherwise supplying supraphysiologic doses of testosterone or other androgens to females.
3. Prescribing, dispensing, administering or otherwise supplying supraphysiologic doses of estrogen to males.
4. Performing surgeries that sterilize, including castration, vasectomy, hysterectomy, oophorectomy, orchiectomy and penectomy.
5. Performing surgeries that artificially construct tissue with the appearance of genitalia that differs from the minor child's biological sex, including metoidioplasty, phalloplasty and vaginoplasty.
6. Removing any healthy or nondiseased body part or tissue.
B. Subsection A of this section does not apply to a procedure that is undertaken to treat a minor child who is born with a medically verifiable disorder of sex development, including either:
1. A minor child who is born with external biological sex characteristics that are irresolvably ambiguous, including an individual born with forty-six XX chromosomes with virilization or forty-six XY chromosomes with undervirilization, or who has both ovarian and testicular tissue.
2. A minor child whom a physician licensed pursuant to chapter 13 or 17 of this title has diagnosed with a disorder of sexual development by determining through genetic or biochemical testing that the minor child does not have normal sex chromosome structure, sex steroid hormone production or sex steroid hormone action for a male or female.
C. A health professional who violates subsection A of this section is guilty of a class 4 felony.
D. This section does not establish a new or separate standard of care for hospitals or physicians and their patients or otherwise modify, amend or supersede any right or limit on medical liability.
E. For the purposes of this section:
1. "Biological sex" means the biological state of being male or female based on the individual's sex organs, chromosomes and endogenous hormone profiles.
2. "Minor child" means an individual who is under eighteen years of age.
Sec. 3. Short title
This act may be cited as the "Vulnerable Child Compassion and Protection Act".
Sec. 4. Severability
If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.