Signed by Governor Kristi Noem

Vote Smart's Synopsis:

Vote to pass a bill that prohibits gender-affirming medical care for minors under 18.

Highlights:

• Defines “minor” as an individual under the age of 18 (Sec. 1).

• Defines “sex” as the biological indication of male and female as evidenced by sex chromosomes, naturally occuring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth (Sec. 1).

• Prohibits a healthcare professional from altering the appearance of, or to validate a minor’s perception of, their sex, if that appeareance or perception is inconsistent with the minor’s sex (Sec. 2).

• Prohibits a healthcare professional from knowingly adminstering or perscribing the following, including (Sec. 2):

• Any drug to delay or stop normal puberty;

• Testosterone, estrogen, or progestrone, in amounts greater than would normally be produced endogenously in a healthy individual of the same age and sex;

• Any surgery that artifically constructs tissue having the appearance of genitalia differing from the minor’s sex; or

• Remove any healthy or non-diseased body part or tissue.

• Authorizes various medical exemptions including, but not limited to, sexual development disorders, infection, injury, or disease in order to provde minors with the aforementioned prohibitions (Sec. 3).

• Specifies that a healthcare provider found to have violated the aforementioned provisions  of this bill will have their professional or occupational license revoked by the state licensing board (Sec. 4).

• Specifies that civil action to recover damages for injury suffered as a result of a violation must be commenced before the individual reaches 25 years of age or within 3 years from the time the individual discovered injury or damages were caused by a violation (Sec. 5).

• Exempts healthcare professionals who were adminsterring gender-affirming procedures or drugs before July 1, 2023 from the aforementioned prohibitions so long as the period does not extend beyond December 31 2023 (Sec. 6).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits gender-affirming medical care for minors under 18.

Highlights:

• Defines “minor” as an individual under the age of 18 (Sec. 1).

• Defines “sex” as the biological indication of male and female as evidenced by sex chromosomes, naturally occuring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth (Sec. 1).

• Prohibits a healthcare professional from altering the appearance of, or to validate a minor’s perception of, their sex, if that appeareance or perception is inconsistent with the minor’s sex (Sec. 2).

• Prohibits a healthcare professional from knowingly adminstering or perscribing the following, including (Sec. 2):

• Any drug to delay or stop normal puberty;

• Testosterone, estrogen, or progestrone, in amounts greater than would normally be produced endogenously in a healthy individual of the same age and sex;

• Any surgery that artifically constructs tissue having the appearance of genitalia differing from the minor’s sex; or

• Remove any healthy or non-diseased body part or tissue.

• Authorizes various medical exemptions including, but not limited to, sexual development disorders, infection, injury, or disease in order to provde minors with the aforementioned prohibitions (Sec. 3).

• Specifies that a healthcare provider found to have violated the aforementioned provisions  of this bill will have their professional or occupational license revoked by the state licensing board (Sec. 4).

• Specifies that civil action to recover damages for injury suffered as a result of a violation must be commenced before the individual reaches 25 years of age or within 3 years from the time the individual discovered injury or damages were caused by a violation (Sec. 5).

• Exempts healthcare professionals who were adminsterring gender-affirming procedures or drugs before July 1, 2023 from the aforementioned prohibitions so long as the period does not extend beyond December 31 2023 (Sec. 6).

Full Bill Text