Last Action | 03/15/23: laid on clerk's desk |
---|---|
Title | AN ACT relating to the protection of children. |
Bill Documents |
Current/Final
Introduced |
Fiscal Impact Statements |
Local Mandate
Additional Fiscal Impact Statements Exist |
Bill Request Number | 134 |
Sponsors | J. Decker, J. Tipton, S. Baker, S. Bratcher, R. Bridges, E. Callaway, J. Calloway, R. Dotson, D. Elliott, D. Fister, P. Flannery, D. Frazier Gordon, C. Fugate, J. Gooch Jr., D. Hale, R. Heath, J. Hodgson, M. Imes, DJ Johnson, K. King, M. Lockett, C. Massaroni, B. McCool, S. McPherson, A. Neighbors, J. Petrie, M. Proctor, S. Rawlings, R. Raymer, B. Reed, S. Rudy, S. Sharp, N. Tate, W. Thomas, T. Truett, K. Upchurch, R. Webber, B. Wesley, W. Williams |
Summary of Original Version | Create new sections of KRS Chapter 311 to define terms; state that the provision of gender transition services to a person under the age of 18 years by a health care provider or mental health care provider is unethical and unprofessional conduct; require an investigation of any report of provision of gender transition services to a person under the age of 18 years; require revocation of the provider's license if confirmed and termination of public funding for a public employee; require that providers be jointly and severally liable for all damages and costs sustained for providing gender transition services or aiding and assisting a person under the age of 18 years to consider or to obtain gender transition services; provide defense to providers refusing to provide services; make failure to report provision of gender transition services a crime; permit an action on a violation to be taken by the parent or guardian of a person before the person attains the age of 18 years and by the person within 30 years of the person attaining the age of 18 years, with exceptions under which the time may be longer; require conditions for actions and damages; prohibit use of public funds for gender transition services; prohibit a provider employed by a public agency to provide include gender transition procedures; permit the Attorney General to bring action to enforce provisions; permit intervention as a matter of right if these provisions are challenged; prohibit a public provider from intervening in a legal proceeding in defense of the provision of gender transition services; create a new section of KRS Chapter 205 to prohibit Medicaid coverage of gender transition procedures for a person under age 18 years; create a new section of Subtitle12 of KRS Chapter 304 to establish liability provisions if an insurer elects to cover gender transition services; amend KRS 18A.225 to prohibit a fully insured benefit plan or self-insured plan for public employees from covering gender transition services for a person under the age of 18 years; amend KRS 454.210 to add to court permission to exercise personal jurisdiction over a person who acts directly or by an agent, as to a claim arising from the person's engaging in the provision of gender transition services to a person under the age of 18 years; create a new section of KRS Chapter 158 to prohibit a public school counselor, school-based mental health services provider, or other public employee from aiding or assisting in the provision of gender transition services for a person under the age of 18 years; establish liability provisions; require school notification of parents of child's expression of sex or gender inconsistency with exceptions; amend KRS 141.039 to require that corporate income relating to the provision of gender transition services to a person under age 18 years be added to net income; amend KRS 213.121 to prohibit a registered certificate or report from being amended if the purpose is to assist with a social or physical gender transition; amend KRS 401.020 to prohibit a court to order a name change if the purpose is to assist with a social or physical gender transition; create a new section of KRS Chapter 600 to prohibit the Department of Juvenile Justice from classifying a detainee by a sex that is inconsistent with defined sex; allow the Act to be cited as the Do No Harm Act; EFFECTIVE January 1, 2024. |
Index Headings of Original Version |
Local Mandate - Gender transition services Courts - Name and sex change on certificate, prohibition Crime Victims - Gender transition services, person under age 18 years, liability Crimes and Punishments - Sex classification, prohibition Diseases - Gender transition services, person under age 18 years, liability Drugs and Medicines - Gender transition services, person under age 18 years, liability Health and Medical Services - Gender transition services, person under age 18 years, liability Hospitals and Nursing Homes - Gender transition services, person under age 18 years, liability Insurance, Health - Gender transition services, person under age 18 years, prohibitor Nurses - Gender transition services, person under age 18 years, liability Occupations and Professions - Health providers, gender transition services, person under age 18 years, liability Parental Rights - Gender transition services, person under age 18 years, cause of action Pharmacists - Gender transition services, person under age 18 years, liability Physicians and Practitioners - Gender transition services, person under age 18 years, liability Public Assistance - Gender transition services, prohibition of coverage, person under age 18 years Public Health - Name or sex change on certificate, prohibition Safety - Gender transition services, person under age 18 years Short Titles and Popular Names - Do No Harm Act Taxation, Income--Corporate - Gender transition services, net income Medicaid - Gender transition services, prohibition of coverage, person under age 18 years Attorney General - Gender transition services, persons under age 18 years, action Children and Minors - Gender transition services, persons under age 18 years, liability |
Jump to Proposed Amendments |
House Committee Substitute 1 with Fiscal Impact Statements Senate Committee Substitute 1 with Fiscal Impact Statements Senate Committee Amendment 1 Senate Floor Amendment 1 Senate Floor Amendment 2 Senate Floor Amendment 3 Senate Floor Amendment 4 Senate Floor Amendment 5 Senate Floor Amendment 6 Senate Floor Amendment 7 Senate Floor Amendment 8 |
Votes | Vote History |
02/21/23 |
|
---|---|
03/01/23 |
|
03/02/23 |
|
03/03/23 |
|
03/10/23 |
|
03/13/23 |
|
03/14/23 |
|
03/15/23 |
|
Amendment | House Committee Substitute 1 |
---|---|
Fiscal Impact Statement | Local Mandate to House Committee Substitute 1 |
Summary | Retain original provisions of the bill except modify definitions; remove mental health providers from the bill; remove references to social transition services; remove references to local school districts; remove criminal penalties for health care providers not reporting services; remove aiding or assisting in the provision of gender transition services from liability provisions; clarify changes to court authority to exercise personal jurisdiction; remove provisions relating to public school counselors, school-based mental health services providers, or other public employees; remove delayed effective date. |
Index Headings |
Courts - Name and sex change on certificate, prohibition Crime Victims - Gender transition services, person under age 18 years, liability Crimes and Punishments - Sex classification, prohibition Diseases - Gender transition services, person under age 18 years, liability Drugs and Medicines - Gender transition services, person under age 18 years, liability Health and Medical Services - Gender transition services, person under age 18 years, liability Hospitals and Nursing Homes - Gender transition services, person under age 18 years, liability Insurance, Health - Gender transition services, person under age 18 years, prohibitor Nurses - Gender transition services, person under age 18 years, liability Occupations and Professions - Health providers, gender transition services, person under age 18 years, liability Parental Rights - Gender transition services, person under age 18 years, cause of action Pharmacists - Gender transition services, person under age 18 years, liability Physicians and Practitioners - Gender transition services, person under age 18 years, liability Public Assistance - Gender transition services, prohibition of coverage, person under age 18 years Public Health - Name or sex change on certificate, prohibition Safety - Gender transition services, person under age 18 years Short Titles and Popular Names - Do No Harm Act Taxation, Income--Corporate - Gender transition services, net income Medicaid - Gender transition services, prohibition of coverage, person under age 18 years Attorney General - Gender transition services, persons under age 18 years, action Children and Minors - Gender transition services, persons under age 18 years, liability Local Mandate - Gender transition services |
Amendment | Senate Committee Substitute 1 |
---|---|
Fiscal Impact Statement | Local Mandate to Senate Committee Substitute 1 |
Summary | Retain original provisions except limit the ban on the expenditure of public funds for gender transition services to persons under the age of 18; add a new section of KRS Chapter 158 to establish definitions; require specific parental notifications from public schools; require school districts to adopt specific procedures related to parental rights; limit authority of the Kentucky Board of Education and Kentucky Department of Education in relation to parental rights and a student's use of pronouns; prohibit district or school policies with the intent of keeping student information confidential for parents; prohibit a school district from requiring school personnel or pupils to use pronouns for students that do not conform to that student's biological sex; provide school districts and district personnel authority to seek emergency medical services for a student; provide conditions for student confidentiality; amend KRS 158.1415 to establish requirements for any public school's content, course, curriculum, or program on the subject of human sexuality; provide that notification relating to services be focused on human sexuality, contraception, or family planning; include a requirement that specific questionnaires or screening forms given to a child receive parental consent and review and forbid general consent; allow district personnel to seek or provide emergency medical or mental health services pursuant to district policy; specify that nothing removes the duty to report a dependent child or abused or neglected child due to risk of physical or emotional injury; create new section of KRS 158 to require each local board of education or charter school board of directors to adopt policies necessary to protect the privacy rights of students relating to school restrooms; EMERGENCY. |
Index Headings |
Education, Elementary and Secondary - Parental rights, public schools Effective Dates, Emergency - Parental rights, public schools Parental Rights - Human sexuality, contraception and family planning services, public schools, parental notice State Agencies - Kentucky Department of Education, parental rights to information, limit on authority State Agencies - Kentucky Department of Education, student pronoun usage, limit on authority Boards and Commissions - Education, privacy rights, policies Boards and Commissions - Kentucky Board of Education, parental rights to information, limit on authority Boards and Commissions - Kentucky Board of Education, student pronoun usage, limit on authority Teachers - District employees, rights, use of pronouns Teachers - Student information, parental rights Children and Minors - Dependent, abused, or neglected children, duty to report, risk of physical or emotional harm Children and Minors - Parental rights, public schools Local Mandate - Parental rights, public schools Education, Elementary and Secondary - Dependent, abused, or neglected children, duty to report, risk of physical or emotional harm Education, Elementary and Secondary - Human sexuality, contraception and family planning services, parental notice |
Amendment | Senate Committee Amendment 1 |
---|---|
Sponsor | D. Carroll |
Summary | Make title amendment. |
Index Headings | Title Amendments - HB 470/GA |
Amendment | Senate Floor Amendment 1 |
---|---|
Sponsor | G. Williams |
Summary | Amend KRS 158.1415 to permit a parent or guardian aggrieved by violations of requirements for a public school's course, curriculum, or program on the subject of human sexuality to bring an action for declaratory and injunctive relief in Circuit Court. |
Index Headings |
Education, Elementary and Secondary - Human sexuality, contraception and family planning services, parental notice Education, Elementary and Secondary - Parental rights, public schools Parental Rights - Human sexuality, contraception and family planning services, public schools, parental notice Boards and Commissions - Human sexuality, contraception and family planning services, public schools, parental notice Teachers - Human sexuality, contraception and family planning services, public schools, parental notice Children and Minors - Parental rights, public schools Courts, Circuit - Human sexuality, contraception and family planning services, public schools, parental notice |
Amendment | Senate Floor Amendment 2 |
---|---|
Sponsor | D. Carroll |
Summary | Remove original provisions relating to gender transition services; create a new section of KRS Chapter 311 to prohibit the provision of surgical or medical treatment to a child under the age of 18 years for gender dysphoria and any nonsurgical medical treatment without the consent of the child's parent or legal guardian; require that the provision of nonsurgical medical treatment to a child under the age of 18 years apply only to a child with a medical diagnosis by a trained and experienced licensed physician in collaboration with a clinical psychologist or psychiatrist using only appropriate nonsurgical medical treatments that meet evidence-based medical standards. . |
Index Headings |
Health and Medical Services - Gender dysphoria, treatment, children Hospitals and Nursing Homes - Gender dysphoria, treatment, children Mental Health - Gender dysphoria, treatment, children Parental Rights - Gender dysphoria, treatment, children Parental Rights - Parental consent, child health and mental healthcare Pharmacists - Gender dysphoria, treatment, children Physicians and Practitioners - Gender dysphoria, treatment, children Public Health - Gender dysphoria, treatment, children Public Health - Parental consent, child health and mental healthcare Children and Minors - Gender dysphoria, treatment, children Children and Minors - Parental consent, health and mental healthcare |
Amendment | Senate Floor Amendment 3 |
---|---|
Sponsor | G. Williams |
Summary | Remove original provisions relating to gender transition services; create a new section of KRS Chapter 311 to prohibit the provision of surgical or medical treatment to a child under the age of 18 years for gender dysphoria and any nonsurgical medical treatment without the consent of the child's parent or legal guardian; require that the provision of nonsurgical medical treatment to a child under the age of 18 years apply only to a child with a medical diagnosis by a trained and experienced licensed physician in collaboration with a clinical psychologist or psychiatrist using only appropriate nonsurgical medical treatments that meet evidence-based medical standards; add liabillity provisions. . |
Index Headings |
Health and Medical Services - Gender dysphoria, treatment, children Hospitals and Nursing Homes - Gender dysphoria, treatment, children Mental Health - Gender dysphoria, treatment, children Parental Rights - Gender dysphoria, treatment, children Parental Rights - Parental consent, child health and mental healthcare Pharmacists - Gender dysphoria, treatment, children Physicians and Practitioners - Gender dysphoria, treatment, children Public Health - Gender dysphoria, treatment, children Public Health - Parental consent, child health and mental healthcare Children and Minors - Gender dysphoria, treatment, children Children and Minors - Parental consent, health and mental healthcare |
Amendment | Senate Floor Amendment 4 |
---|---|
Sponsor | L. Tichenor |
Summary | Remove original provisions relating to gender transition services; create a new section of KRS Chapter 311 to prohibit the provision of surgical or medical treatment to a child under the age of 18 years for gender dysphoria and any nonsurgical medical treatment without the consent of the child's parent or parents, or legal guardian; require that the provision of nonsurgical medical treatment to a child under the age of 18 years apply only to a child with a medical diagnosis from a pediatric psychiatrist and by a trained and experienced licensed physician in collaboration with a clinical psychologist or psychiatrist using only appropriate nonsurgical medical treatments approved by the the United States Food and Drug Administration for adolescents and that meet evidence-based medical standards; add liability provisions. |
Index Headings |
Hospitals and Nursing Homes - Gender dysphoria, treatment, children Mental Health - Gender dysphoria, treatment, children Parental Rights - Gender dysphoria, treatment, children Parental Rights - Parental consent, child health and mental healthcare Pharmacists - Gender dysphoria, treatment, children Physicians and Practitioners - Gender dysphoria, treatment, children Public Health - Gender dysphoria, treatment, children Public Health - Parental consent, child health and mental healthcare Children and Minors - Gender dysphoria, treatment, children Children and Minors - Parental consent, health and mental healthcare Health and Medical Services - Gender dysphoria, treatment, children |
Amendment | Senate Floor Amendment 5 |
---|---|
Sponsor | J. Adams |
Summary | Add definition of "Health facility or service". |
Index Headings |
Health and Medical Services - Gender dysphoria, treatment, children Hospitals and Nursing Homes - Gender dysphoria, treatment, children Mental Health - Gender dysphoria, treatment, children Pharmacists - Gender dysphoria, treatment, children Physicians and Practitioners - Gender dysphoria, treatment, children Public Health - Gender dysphoria, treatment, children Children and Minors - Gender dysphoria, treatment, children |
Amendment | Senate Floor Amendment 6 |
---|---|
Sponsor | G. Williams |
Summary | Remove original provisions relating to gender transition services; create a new section of KRS Chapter 311 to define "minor" and "sex"; prohibit a health care provider from providing services to a minor for the purpose of attempting to alter the appearance or perception of the minor's sex with certain exceptions; require a licensing or certifying agency to revoke a health care provider's licensure or certification for finding of violation; permit civil action for injury suffered as a result of a violation by the age of 42 years or within 3 years of discovering that damages were caused by the violation; permit treatment of a minor initiated prior to July 1, 2023 to continue no later than December 31, 2024. |
Index Headings |
Health and Medical Services - Sex alteration, minors, prohibit Hospitals and Nursing Homes - Sex alteration, minors, prohibit Mental Health - Sex alteration, minors, prohibit Pharmacists - Sex alteration, minors, prohibit Physicians and Practitioners - Sex alteration, minors, prohibit Public Health - Sex alteration, minors, prohibit Children and Minors - Sex alteration, minors, prohibit |
Amendment | Senate Floor Amendment 7 |
---|---|
Sponsor | G. Williams |
Summary | Remove original provisions; create a new section of KRS Chapter 311 to define "minor" and "sex"; prohibit a health care provider from providing services to a minor for the purpose of attempting to alter the appearance or perception of the minor's sex with certain exceptions; require a licensing or certifying agency to revoke a health care provider's licensure or certification for finding of violation; permit civil action for injury suffered as a result of a violation by the age of 42 years or within 3 years of discovering that damages were caused by the violation; permit treatment of a minor initiated prior to July 1, 2023 to continue no later than December 31, 2024; create a new section of KRS Chapter 158 to establish definitions; require specific parental notifications from public schools; require school districts to adopt specific procedures related to parental rights; limit authority of the Kentucky Board of Education and Kentucky Department of Education in relation to parental rights and a student's use of pronouns; prohibit district or school policies with the intent of keeping student information confidential for parents; prohibit a school district from requiring school personnel or pupils to use pronouns for students that do not conform to that student's biological sex; provide school districts and district personnel authority to seek emergency medical services for a student; provide conditions for student confidentiality; amend KRS 158.1415 to establish requirements for any public school's content, course, curriculum, or program on the subject of human sexuality; provide that notification relating to services be focused on human sexuality, contraception, or family planning; include a requirement that specific questionnaires or screening forms given to a child receive parental consent and review and forbid general consent; allow district personnel to seek or provide emergency medical or mental health services pursuant to district policy; specify that nothing removes the duty to report a dependent child or abused or neglected child due to risk of physical or emotional injury; create new section of KRS 158 to require each local board of education or charter school board of directors to adopt policies necessary to protect the privacy rights of students relating to school restrooms; EMERGENCY. |
Index Headings |
Education, Elementary and Secondary - Dependent, abused, or neglected children, duty to report, risk of physical or emotional harm Education, Elementary and Secondary - Human sexuality, contraception and family planning services, parental notice Education, Elementary and Secondary - Parental rights, public schools Effective Dates, Emergency - Parental rights, public schools Health and Medical Services - Sex alteration, minors, prohibition Hospitals and Nursing Homes - Sex alteration, minors, prohibition Mental Health - Sex alteration, minors, prohibition Parental Rights - Human sexuality, contraception and family planning services, public schools, parental notice Pharmacists - Sex alteration, minors, prohibition Physicians and Practitioners - Sex alteration, minors, prohibition Public Health - Sex alteration, minors, prohibition State Agencies - Kentucky Department of Education, parental rights to information, limit on authority State Agencies - Kentucky Department of Education, student pronoun usage, limit on authority Boards and Commissions - Education, privacy rights, policies Boards and Commissions - Kentucky Board of Education, parental rights to information, limit on authority Boards and Commissions - Kentucky Board of Education, student pronoun usage, limit on authority Teachers - District employees, rights, use of pronouns Teachers - Student information, parental rights Children and Minors - Dependent, abused, or neglected children, duty to report, risk of physical or emotional harm Children and Minors - Parental rights, public schools Children and Minors - Sex alteration, minors, prohibition |
Amendment | Senate Floor Amendment 8 |
---|---|
Sponsor | A. Southworth |
Summary | Retain original provisions; amend definitions and permitted gender transition services; make conforming amendments. |
Index Headings |
Health and Medical Services - Gender transition, treatment, children Hospitals and Nursing Homes - Gender transition, treatment, children Mental Health - Gender transition, treatment, children Pharmacists - Gender transition, treatment, children Physicians and Practitioners - Gender transition, treatment, children Public Health - Gender transition, treatment, children Children and Minors - Gender transition, treatment, children |
Last updated: 11/9/2023 3:03 PM (EST)