Vetoed by Governor Asa Hutchinson

Vote Smart's Synopsis:

Vote to pass a bill that prohibits gender transition-related medical care for individuals 18 years or younger.

Highlights:

• Classifies “cross-sex hormones” as the following (Sec. 3-2):

• Testosterone or other androgens given to biological females in amounts that are larger or more potent than would normally occur naturally in healthy biological sex females; and

• Estrogen given to biological males in amounts that are larger or more potent than would normally occur naturally in healthy biological sex males;

• Defines “gender transition” as the process in which a person goes from identifying with and living as a gender that corresponds to his or her biological sex to identifying with and living as a gender different from his or her biological sex, and may involve social, legal, or physical changes (Sec. 3-5).

• Alleges scientific studies show that individuals struggling with distress at identifying with their biological sex often have already experienced psychopathology, which indicates these individuals should be encouraged to seek mental health services to address comorbidities and underlying causes of their distress before undertaking any hormonal or surgical intervention (Sec. 2-4).

• Prohibits physicians or other healthcare professionals from providing gender transition procedures to any individual under 18 years of age (Sec. 3-20-9-1502.a).

• Specifies “gender transition procedures” involves any medical or surgical service, including without limitation physician's services, inpatient and outpatient hospital services, or prescribed drugs related to gender transition that seeks to (Sec. 3-6.A):

• Alter or remove physical or anatomical characteristics or features that are typical for the individual’s biological sex; or

• Instill or create physiological or anatomical characteristics that resemble sex different from the individual’s biological sex, including without limitation medical services that provide puberty-blocking drugs, cross-sex hormones, or other mechanisms to promote the development of feminizing or masculinizing features in the opposite biological sex, or genital or nongenital gender reassignment surgery performed to assist an individual with a gender transition.

• Prohibits healthcare services furnished in the following situations from including gender transition procedures to an individual under 18 years of age (Sec. 3-20-9-1503.b):

• By or in a healthcare facility owned by a state, county, or local government; or

• By a physician or other healthcare professional employed by state or a county or local government.

• Prohibits public funds from being directly or indirectly used, granted, paid, or distributed to any entity, organization, or individual that provides gender transition procedures to an individual under 18 years of age (Sec. 3-20-9-1503.a).

• Specifies the Arkansas Medicaid Program cannot reimburse or provide coverage for gender transition procedures to an individual under 18 years of age (Sec. 3-20-9-1503.d).

• Prohibits a health benefit plan under an insurance policy or other plan providing healthcare coverage in this state shall not include reimbursement for gender transition procedures for a person under 18 years of age (Sec. 4.b).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits gender transition-related medical care for individuals 18 years or younger.

Highlights:

• Classifies “cross-sex hormones” as the following (Sec. 3-2):

• Testosterone or other androgens given to biological females in amounts that are larger or more potent than would normally occur naturally in healthy biological sex females; and

• Estrogen given to biological males in amounts that are larger or more potent than would normally occur naturally in healthy biological sex males;

• Defines “gender transition” as the process in which a person goes from identifying with and living as a gender that corresponds to his or her biological sex to identifying with and living as a gender different from his or her biological sex, and may involve social, legal, or physical changes (Sec. 3-5).

• Alleges scientific studies show that individuals struggling with distress at identifying with their biological sex often have already experienced psychopathology, which indicates these individuals should be encouraged to seek mental health services to address comorbidities and underlying causes of their distress before undertaking any hormonal or surgical intervention (Sec. 2-4).

• Prohibits physicians or other healthcare professionals from providing gender transition procedures to any individual under 18 years of age (Sec. 3-20-9-1502.a).

• Specifies “gender transition procedures” involves any medical or surgical service, including without limitation physician's services, inpatient and outpatient hospital services, or prescribed drugs related to gender transition that seeks to (Sec. 3-6.A):

• Alter or remove physical or anatomical characteristics or features that are typical for the individual’s biological sex; or

• Instill or create physiological or anatomical characteristics that resemble sex different from the individual’s biological sex, including without limitation medical services that provide puberty-blocking drugs, cross-sex hormones, or other mechanisms to promote the development of feminizing or masculinizing features in the opposite biological sex, or genital or nongenital gender reassignment surgery performed to assist an individual with a gender transition.

• Prohibits healthcare services furnished in the following situations from including gender transition procedures to an individual under 18 years of age (Sec. 3-20-9-1503.b):

• By or in a healthcare facility owned by a state, county, or local government; or

• By a physician or other healthcare professional employed by state or a county or local government.

• Prohibits public funds from being directly or indirectly used, granted, paid, or distributed to any entity, organization, or individual that provides gender transition procedures to an individual under 18 years of age (Sec. 3-20-9-1503.a).

• Specifies the Arkansas Medicaid Program cannot reimburse or provide coverage for gender transition procedures to an individual under 18 years of age (Sec. 3-20-9-1503.d).

• Prohibits a health benefit plan under an insurance policy or other plan providing healthcare coverage in this state shall not include reimbursement for gender transition procedures for a person under 18 years of age (Sec. 4.b).

Full Bill Text