2021 -- H 6171

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO HEALTH AND SAFETY -- PROTECTION OF CHILDREN -- PHYSICAL

SEX CHARACTERISTICS SURGERY ACT

     Introduced By: Representatives Kislak, McNamara, Potter, Felix, Alzate, Cassar,
Cortvriend, Ajello, Donovan, and Henries

     Date Introduced: March 26, 2021

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

amended by adding thereto the following chapter:

CHAPTER 95

PROTECTION OF YOUTH WITH VARIATIONS IN PHYSICAL SEX CHARACTERISTICS

ACT

     23-95-1. Short title.

     This chapter shall be known and may be cited as the "Protection of Youth with Variations

in Physical Sex Characteristics Act".

     23-95-2. Definitions.

     As used in this chapter:

     (1) "Individual born with variations in their physical sex characteristics" means an

individual born with physical traits, including genitals, gonads, hormone function, or chromosomal

patterns, that vary from stereotypical notions regarding the development, appearance, or function

of sex characteristics, including those variations resulting from androgen insensitivity syndrome

and congenital adrenal hyperplasia.

     (2) "Prohibited surgery" means clitoroplasty, clitoral reduction, and clitoral recession,

including corporal sparing procedures, gonadectomy, any procedure that lengthens or reroutes a

urethra from its native orifice, vaginoplasty, urogenital sinus mobilization, and/or vaginal

exteriorization.

     (3) "Surgery required to address an immediate risk of physical harm" means any of the

following:

     (i) Surgery to remove tissue that poses a significantly heightened clinical risk of

malignancy relative to that of the general population.

     (ii) Surgery to allow urine to exit the body, to treat urinary incontinence, or to make a

minimally invasive adjustment to urinary function in order to decrease a risk of infection or renal

complication in a patient whose current urinary function puts them at a demonstrated clinical risk

of infection or renal complication.

     (iii) Surgery that is required to treat complications of a previous surgery and cannot be

delayed without increasing physical health risks to the patient.

     (iv) Any other surgery necessary to preserve life in the event of a medical emergency.

     23-95-3. Physical sex characteristics surgery for children – Violations and

enforcement.

     (a) No licensed health care professional shall perform a prohibited surgery as defined in §

23-95-2, on or relating to a patient under the age of twelve (12) unless required to address an

immediate risk of physical harm.

     (b) The department of health shall promulgate rules and/or regulations to carry out the

intent of this chapter.

     (c) The department of health is hereby authorized to initiate proceedings for violation of

this section.

     23-95-4. Civil liability.

     (a) Any person subjected to a surgical procedure in violation of the provisions of § 23-95-

3 may recover damages for any injury to include mental and emotional distress, in a civil action

against any health care professional violating or assisting in the violation of the provisions of § 23-

95-3. A prevailing plaintiff shall be awarded attorney fees and costs.

     (b) If the defendant's violation is determined to be a willful and malicious violation of §23-

95-3 then the court may order and/or award punitive damages up to the amount of treble actual

damages, and injunctive or any other appropriate relief

     23-95-5. Limitation of actions.

     Actions for violations of § 23-95-3 shall be commenced and sued upon within ten (10)

years after the person subjected to the surgical procedure reaches the age of eighteen (18) years,

and not after.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- PROTECTION OF CHILDREN -- PHYSICAL

SEX CHARACTERISTICS SURGERY ACT

***

     This act would prohibit physical sex characteristics surgery for children under twelve (12)

years of age, except to address an immediate risk of physical harm. This act would further provide

for a private course of action for violations with a ten (10) year statute of limitations.

     This act would take effect upon passage.

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