WEST virginia legislature

2020 regular session

Introduced

House Bill 4609

By Delegates Wilson, Bibby, Hardy, Foster, C. Martin, P. Martin, J. Jeffries, Kessinger, Phillips, D. Jeffries and Dean

[Introduced January 30, 2020; Referred to the Committee on the Judiciary]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-11A-1 and §16-11A-2, all relating to limiting minors’ access to gender reassignment surgery or hormone replacement therapy; providing that a parent, guardian, or other legal custodian of a child seeking hormone replacement therapy or gender reassignment surgery may not substitute his or her consent for that of the child; providing restrictions on physicians using telehealth services in this state; and providing that upon reaching 18 years of age a person may be eligible for gender reassignment surgery or hormone replacement therapy.

Be it enacted by the Legislature of West Virginia:

Article 11A. Gender Reassignment Surgery and Hormone Replacement Therapy.

§16-11A-1. Gender reassignment surgery limited to consenting adults.

Any minor seeking gender reassignment surgery before reaching 18 years of age shall be denied any such request, on the basis that the minor cannot provide consent for gender reassignment surgery, by any licensed healthcare provider that provides services in this state. No parent, guardian, or other legal custodian of a minor child seeking gender reassignment surgery may substitute his or her consent for that of the minor child for purposes of circumventing this section. A person may be eligible for a licensed healthcare provider to consider as a candidate for gender reassignment surgery upon reaching 18 years of age in this state.

§16-11A-2. Hormone replacement therapy limited to consenting adults.

Any minor seeking hormone replacement therapy before reaching 18 years of age shall be denied any such request, on the basis that the minor cannot provide consent for hormone replacement therapy, by any licensed healthcare provider that provides services in this state, including telehealth services. No parent, guardian, or other legal custodian of a minor child seeking hormone replacement therapy may substitute his or her consent for that of the minor child for purposes of circumventing this section. A person may be eligible for a licensed healthcare provider to consider as a candidate for hormone replacement therapy upon reaching 18 years of age in this state.

NOTE: The purpose of this bill is to limit gender reassignment surgeries and hormone replacement therapies to consenting adults in this state.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.