Law Bans Gender-Affirming Surgery And Hormonal Transgender Treatment For Minors: On January 28, 2023, Utah Governor Spencer Cox signed into law S.B. 16 entitled “Transgender Medical Treatments and Procedures” that bars minors from receiving gender-affirming treatments such as surgeries and hormone therapy.
The newly enacted law:
▸ defines terms;
▸ requires the Department of Health and Human Services to conduct a systematic
review of the medical evidence regarding hormonal transgender treatments and
provide recommendations to the Legislature;
▸ requires the Division of Professional Licensing to create a certification for
providing hormonal transgender treatments;
▸ requires a health care provider to meet certain requirements before providing a
hormonal transgender treatment;
▸ prohibits a health care provider from providing a hormonal transgender treatment to
new patients who were not diagnosed with gender dysphoria before a certain date;
▸ prohibits performing sex characteristic surgical procedures on a minor for the
purpose of effectuating a sex change;
▸ specifies that an individual may bring a medical malpractice action related to certain
medical treatments and procedures;
▸ specifies that an individual may disaffirm consent under certain circumstances;
▸ allows an individual to bring a medical malpractice action for treatment provided to
the individual as a minor if the individual later disaffirms consent;
▸ extends the medical malpractice statute of limitations related to providing certain
medical treatments and procedures; and
▸ makes technical changes.
The law states, in part:
(2) A health care provider may not provide a hormonal transgender treatment to a
patient who:
(a) is a minor as defined in Section 58-1-603; and
(b) is not diagnosed with gender dysphoria before the effective date of this bill.
(3) A violation of Subsection (2) is unprofessional conduct.
“Unprofessional conduct” includes: (f) performing, or causing to be performed, upon an individual who is less than 18 years old:
(i) a primary sex characteristic surgical procedure; or
(ii) a secondary sex characteristic surgical procedure.
. . . .
(2) (a) Notwithstanding any other provision of law, a malpractice action against a
health care provider may be brought against a health care provider for damages arising from:
(i) providing a hormonal transgender treatment to a minor without complying with the
requirements described in Section 58-1-603;
(ii) negligence in providing a hormonal transgender treatment to a minor; or
(iii) providing a treatment or procedure described in Subsection (2)(b)(ii) to a minor
without the minor’s consent including if the minor disaffirms consent under Subsection (3).
(3) (a) Notwithstanding any other provision of law, an individual who gave informed
consent as a minor or for whom consent was given under Section 78B-3-406, may disaffirm the
consent if:
(i) the treatment at issue began after the effective date of this bill;
(ii) the consent was provided for any of the following:
(A) a hormonal transgender treatment;
(B) a primary sex characteristic surgical procedure as defined in Section 58-67-102; or
(C) a secondary sex characteristic surgical procedure as defined in Section 58-67-102;
(iii) under the totality of the circumstances, a health care provider would have reason to
believe that the minor, or a similarly situated minor, could later regret having given consent;
(iv) the individual suffered a permanent physical injury; and
(v) the consent is disaffirmed in writing before the individual reaches the age of 25
years old.
(b) A disaffirmation of consent under this Subsection (3) relates back to the day the
original consent was given.
(4) Notwithstanding any other provision of law, a malpractice action against a health
care provider described in Subsection (2)(a) may be brought before the patient is 25 years old if
the treatment at issue in the malpractice action began, occurred, or continued on or after the
effective date of this bill.
After signing into law S.B. 16, Governor Cox stated in part: “Legislation that impacts our most vulnerable youth requires careful consideration and deliberation. While not a perfect bill, we are grateful for Sen. Kennedy’s more nuanced and thoughtful approach to this terribly divisive issue. More and more experts, states and countries around the world are pausing these permanent and life-altering treatments for new patients until more and better research can help determine the long-term consequences.”
If you or a loved one may have been injured as a result of medical malpractice in Utah or in another U.S. state, you should promptly find a Utah medical malpractice attorney, or a medical malpractice attorney in your state, who may investigate your medical malpractice claim for you and represent you or your loved one in a medical malpractice case, if appropriate.
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