SB 304-FN - AS INTRODUCED
2024 SESSION
24-2871
09/05
SENATE BILL 304-FN
SPONSORS: Sen. Avard, Dist 12; Sen. Gendreau, Dist 1; Rep. Kofalt, Hills. 32; Rep. Mooney, Hills. 12; Rep. Cushman, Hills. 28
COMMITTEE: Judiciary
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ANALYSIS
This bill creates a cause of action for medical injuries relating to the administration or prescription of gender transition surgery, cross-sex hormones, or puberty-blocking drugs and protects those who are medically detransitioning from discrimination.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2871
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Medical Injury Actions; Definitions. Amend RSA 507-E:1 to read as follows:
507-E:1 Definitions.
As used in this chapter:
I. "Action for medical injury" means any action against a medical care provider, whether based in tort, contract or otherwise, to recover damages on account of medical injury.
I-a. “Cross-sex hormones” means testosterone, estrogen, or other androgens given to an individual in amounts that are greater or more potent than would normally occur naturally in a healthy individual of the same age and sex as defined in RSA 354-A:2, XIV-f for the purpose of assisting an individual in changing his or her gender identity.
I-b. “Gender transition surgery” means a procedure which surgically removes an individual’s reproductive organs or secondary sex characteristics for the purpose of assisting an individual in changing his or her gender identity.
II. "Medical care provider" means a physician, physician's assistant, registered or licensed practical nurse, hospital, clinic or other health care agency licensed by the state or otherwise lawfully providing medical care or services, or an officer, employee or agent thereof acting in the course and scope of employment.
II-a. “Medical detransition” means treatment received by an individual for the purpose of reversing or mitigating the effects of gender transition surgery, cross-sex hormones, or puberty-blocking drugs and of restoring the secondary sex characteristics corresponding to the individual’s sex as defined in RSA 354-A:2, XIV-f.
III. "Medical injury" or "injury" means any adverse, untoward or undesired consequences arising out of or sustained in the course of professional services rendered by a medical care provider, whether resulting from negligence, error, or omission in the performance of such services; from rendition of such services without informed consent or in breach of warranty or in violation of contract; from failure to diagnose; from premature abandonment of a patient or of a course of treatment; from failure properly to maintain equipment or appliances necessary to the rendition of such services; or otherwise arising out of or sustained in the course of such services.
IV. “Puberty-blocking drugs” means gonadotropin-releasing hormone analogues or other synthetic drugs used to stop luteinizing hormone secretion and follicle stimulating hormone secretion, synthetic antiandrogen drugs to block the androgen receptor, or any other drug used to delay or suppress pubertal development in children for the purpose of assisting an individual in changing his or her gender identity.
2 New Section; Actions, Process, and Service of Process; Medical Injury Actions; Actions for Medical Detransitioning. Amend RSA 507-E by inserting after section 4 the following new section:
507-E:5 Actions for Medical Detransition.
I. Any action for a medical injury resulting from the administration or prescription of gender transition surgery, cross-sex hormones, or puberty-blocking drugs shall accrue under RSA 508:4, I no earlier than the time the plaintiff begins a medical detransition.
II. A plaintiff who brings any action listed in paragraph I shall be presumed to have met the plaintiff’s burden under RSA 507-E:2, I if the individual is infertile as a result of the treatment. Such presumption may be rebutted only by clear and convincing evidence.
3 State Commission for Human Rights; Definitions. Amend RSA 354-A:2, XIV-e to read as follows:
XIV-e. "Gender identity" means a person's gender-related identity, [appearance, or behavior,] whether or not that gender-related identity[, appearance, or behavior] is different from that traditionally associated with the person's physiology or [assigned] sex [at birth]. Gender-related identity may be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity, or any other evidence that the gender-related identity is sincerely held as part of a person's core identity [provided, however, that gender-related identity shall not be asserted for any improper purpose]. Discrimination because a person has undergone a medical detransition as defined in RSA 507-E:1 VII shall be considered discrimination because of gender identity.
4 New Paragraph; State Commission for Human Rights; Definitions. Amend RSA 354-A:2 by inserting after paragraph XIV-e the following new paragraph:
XIV-f. “Sex” means the male and female biological sexes, as distinct from an individual's psychological or subjective experience of gender-related identity.
5 Effective Date. This act shall take effect 60 days after its passage.
24-2871
Revised 12/12/23
SB 304-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None
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Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | ||
Funding Source(s) | General Fund
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Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None
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• Does this bill provide sufficient funding to cover estimated expenditures? [X] No • Does this bill authorize new positions to implement this bill? [X] No
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METHODOLOGY:
This bill creates a cause of action for medical injuries relating to the administration or prescription of gender transition surgery, cross-sex hormones, or puberty-blocking drugs and protects those who are medically detransitioning from discrimination.
The Human Rights Commission indicates the fiscal impact of this bill is indeterminable. The Commission states there is no way to predict the number of additional public interactions that may result from the bill, or how many would result in filed charges and investigations.
The Judicial Branch states it is not possible to estimate how this change in law would impact the number of filings in the courts.
AGENCIES CONTACTED:
Human Rights Commission and Judicial Branch