SENATE BILL NO. 289
A bill to prohibit chemical and surgical mutilation of minors; to provide remedies; and to provide for the powers of certain state officers and entities.
the people of the state of michigan enact:
Sec. 1. This act may be cited as the "protecting minors from chemical and surgical mutilation act".
(a) "Female" means an individual of the sex characterized by a reproductive system with the biological function of producing eggs (ova).
(b) "Health care professional" means an individual who is licensed, registered, or otherwise authorized to engage in a health profession under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.
(c) "Male" means an individual of the sex characterized by a reproductive system with the biological function of producing sperm.
(d) "Minor" means an individual who is less than 18 years of age and who is not emancipated under 1968 PA 293, MCL 722.1 to 722.6.
(e) "Person" means an individual, corporation, limited liability company, partnership, firm, organization, association, governmental entity, or other legal entity.
(f) "Sex" means an individual's immutable biological classification as male or female.
Sec. 5. (1) Except as otherwise provided in subsection (2), a health care professional shall not knowingly engage in or cause any of the following practices to be performed on a minor if the practice is performed for the purpose of attempting to alter the appearance of, or affirm the minor's psychological perception of, the sex of the minor, and the appearance or perception is inconsistent with the sex of the minor:
(a) Prescribing or administering gonadotropin-releasing hormone analogues or other synthetic drugs used to stop luteinizing hormone and follicle-stimulating hormone secretion, synthetic antiandrogen drugs used to block the androgen receptor, or any drug to suppress or delay normal puberty.
(b) Prescribing or administering testosterone, estrogen, or progesterone in an amount greater than would normally be produced endogenously in a healthy individual of the minor's age and sex.
(c) Performing a surgery that sterilizes, including, but not limited to, a castration, vasectomy, hysterectomy, oophorectomy, orchiectomy, and penectomy.
(d) Performing a surgery that artificially constructs tissue with the appearance of genitalia that differs from the sex of the minor, including, but not limited to, metoidioplasty, phalloplasty, and vaginoplasty.
(e) Removing a healthy or nondiseased body part or tissue.
(2) This section does not apply to any of the following:
(a) A service provided to a minor who is born with a medically verifiable disorder of sex development, including, but not limited to, a minor born with abnormal virilization or undervirilization, or having both ovarian and testicular tissue.
(b) A service provided to a minor who has otherwise been diagnosed with a disorder of sexual development by a physician, if the physician has determined through genetic or biochemical testing that the minor does not have a normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action for a male or female.
(c) The treatment of an infection, injury, disease, or disorder that has been caused or exacerbated by the performance of a gender-transition procedure, whether or not the procedure was performed in accordance with state and federal law.
(d) A procedure undertaken because a minor suffers from a physical disorder, physical injury, or physical illness that is certified by a physician and that would place the minor in imminent danger of death or impairment of a major bodily function unless surgery is performed.
Sec. 7. (1) A person that alleges a violation of this act may bring an action for injunctive relief, damages, or any other appropriate remedy.
(2) Except as otherwise provided in this subsection, an action brought for a violation of this act must be brought not later than 2 years after the cause of action accrues. The individual on whom a practice or procedure was performed while a minor in violation of this act may bring an action after reaching 18 years of age but not later than reaching 38 years of age.
(3) A court shall award reasonable costs and attorney fees to a person who prevails in an action brought under this act.
(4) It is not a defense to an action brought under this act that the plaintiff failed to exhaust any available administrative remedies.
Sec. 8. The attorney general may bring an action to enforce this act.