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ND HB1301
Bill
Status
1/11/2023
Primary Sponsor
Brandon Prichard
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AI Summary
HB 1301 Summary
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Health care providers are prohibited from performing medical procedures or administering medications on minors intended to enable gender identity alignment with an identity inconsistent with biological sex, including puberty-blocking drugs, testosterone, and estrogen.
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Exceptions allow treatment of congenital defects, diseases, or physical injuries, and allow continuation of procedures begun before the law's effective date if the treating physician certifies in writing that discontinuation would be harmful to the minor.
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Minors and parents injured by violations may bring civil actions against health care providers, medical facilities, and parents who consented to the prohibited procedures, recovering compensatory damages, punitive damages, attorney's fees, and court costs.
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The attorney general or state's attorney may investigate alleged violations and impose civil penalties of $25,000 per surgical violation or $20,000 per medication violation, with authority to enjoin further violations and disgorge profits.
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Violations constitute grounds for emergency disciplinary action by the appropriate health care licensing authority, with lawsuits subject to a 30-year statute of limitations from when the minor reaches age 18, or 10 years from the minor's death if applicable.
Legislative Description
Prohibiting medical gender transitioning procedures on a minor; to provide a penalty; and to declare an emergency.
Last Action
Second reading, failed to pass, yeas 29 nays 62
2/17/2023