House Bill 470

Actions | Amendments
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

Actions

Top | Amendments
02/21/23
  • introduced in House
  • to Committee on Committees (H)
  • taken from Committee on Committees (H)
  • 1st reading
  • to Judiciary (H)
03/01/23
  • taken from Judiciary (H)
  • 2nd reading
  • returned to Judiciary (H)
03/02/23
  • reported favorably, to Rules with Committee Substitute (1)
  • taken from Rules
  • placed in the Orders of the Day
  • 3rd reading, passed 75-22 with Committee Substitute (1)
03/03/23
  • received in Senate
  • to Committee on Committees (S)
03/10/23
  • taken from Committee on Committees (S)
  • 1st reading
  • returned to Committee on Committees (S)
03/13/23
  • taken from Committee on Committees (S)
  • 2nd reading
  • returned to Committee on Committees (S)
  • to Families & Children (S)
03/14/23
  • reported favorably, to Rules with Committee Substitute (1) and Committee Amendment (1-title)
  • floor amendments (1) (2) (3) (4) and (5) filed to Committee Substitute
03/15/23
  • floor amendment amendments (6), (7) and (8) filed to Committee Substitute
  • posted for passage in the Regular Orders of the Day for Wednesday, March 15, 2023
  • 3rd reading
  • Committee Substitute adopted
  • floor amendments (1), (3) (4) and (5) withdrawn
  • floor amendment (2) adopted
  • laid on clerk's desk

Proposed Amendments

Top | Actions
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)