PRINTER'S NO. 122
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
138
Session of
2023
INTRODUCED BY SCHEMEL, D'ORSIE, GLEIM, HAMM, T. JONES, KAUFFMAN,
KEEFER, LEADBETER, OWLETT, ROWE, SCIALABBA, STAATS AND
ZIMMERMAN, MARCH 8, 2023
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 8, 2023
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in limitation of time,
providing for gender affirmation treatments.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 5540. Gender affirmation treatments.
(a) Commencement of action.--If an individual entitled to
bring a civil action arising from gender affirmation treatment
is an unemancipated minor at the time the cause of action
accrues, the period of minority shall not be deemed a portion of
the time period within which the action must be commenced. The
individual shall have until attaining 30 years of age to
commence an action for damages.
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
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"Biological sex." The biological indication of male and
female in the context of reproductive potential or capacity,
such as sex chromosomes, naturally occurring sex hormones,
gonads and nonambiguous internal and external genitalia present
at birth, without regard to an individual's psychological,
chosen or subjective experience of gender.
"Gender." The psychological, behavioral, social and cultural
aspects of being male or female.
"Gender affirmation treatment." Includes a medical service
that seeks to surgically or chemically alter or remove healthy
physical or anatomical characteristics or features that are
typical for the individual's biological sex, in order to instill
or create physiological or anatomical characteristics that
resemble a sex different from the individual's biological sex,
including puberty blockade, introduction of cross-sex hormones
or genital gender reassignment surgery or nongenital gender
reassignment surgery performed for the purpose of assisting an
individual with a gender transition.
"Gender transition." The process in which an individual goes
from identifying with and living as a gender that corresponds to
the individual's biological sex to identifying with and living
as a gender different from the individual's biological sex and
which may involve social, legal or physical changes.
"Genital gender reassignment surgery." A genital medical
procedure performed for the purpose of assisting an individual
with a gender transition, including any of the following:
(1) A surgical procedure such as penectomy, orchiectomy,
vaginoplasty, clitoroplasty or vulvoplasty for biologically
male patients or hysterectomy or ovariectomy for biologically
female patients.
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(2) Reconstruction of the fixed part of the urethra with
or without a metoidioplasty.
(3) Phalloplasty, vaginectomy, scrotoplasty or
implantation of erection or testicular prostheses for
biologically female patients.
"Minor." An individual who has not yet attained 18 years of
age.
"Nongenital gender reassignment surgery." A nongenital
medical procedure performed for the purpose of assisting an
individual with a gender transition, including any of the
following:
(1) A surgical procedure for biologically male patients,
such as augmentation mammoplasty, facial feminization
surgery, liposuction, lipofilling, voice surgery, thyroid
cartilage reduction, gluteal augmentation, hair
reconstruction or various aesthetic procedures.
(2) A surgical procedure for biologically female
patients, such as subcutaneous mastectomy, voice surgery,
liposuction, lipofilling, pectoral implants or various
aesthetic procedures.
Section 2. This act shall take effect in 60 days.
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