A Bill for an Act
Page 1, Line 101Concerning the establishment of the "Youth Health
Page 1, Line 102Protection Act".
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill prohibits an individual to perform or cause or assist in the performance of any medical procedure or medical treatment that furthers a minor's desire to present or appear in a manner that is inconsistent with the minor's sex.
The bill prohibits an office, agency, political subdivision of this state, or organization with the authority to license or discipline members of a profession from imposing a penalty or taking adverse action against an individual who provides or receives counseling, advice, or guidance consistent with conscience or religious belief.
The bill allows the parent, guardian, or legal custodian of a minor to withhold consent for treatment, activity, or mental health-care service that is designed and intended to form the parent's child's conceptions of sex and gender or to treat gender dysphoria or gender nonconformity.
The bill prohibits a law enforcement officer acting pursuant to an investigation, an employee, an agent of this state, or a political subdivision from encouraging a minor to withhold information from the minor's parent or from withholding information regarding a minor's physical or mental health from the minor's parent.
The bill prohibits a person from being discriminated or retaliated against by a person who provides information regarding an act or omission that violates the requirements described in the bill.
The bill prohibits the state from using state funds for the performance of, or in furtherance of, any medical procedure or medical treatment that furthers a minor's desire to present or appear in a manner that is inconsistent with the minor's sex.
The bill allows an individual harmed or aggrieved by a violation of the requirements described in the bill to file suit and recover certain damages and civil remedies.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add 12-30-125 as follows:
Page 2, Line 312-30-125. Youth health protection - definitions. (1) Short
Page 2, Line 4title.The short title of this section is the "Youth Health Protection Act".
Page 2, Line 5(2) Definitions. As used in this section, unless the context otherwise requires:
Page 2, Line 6(a) "Government agent" means an agent, employee,
Page 2, Line 7volunteer, or contractor of a child services agency; child
Page 2, Line 8placement agency, as defined in section 19-1-103; court; or local education agency, as defined in section 24-60-3402.
Page 2, Line 9(b) "Health-care provider" means a medical professional or health facility.
Page 3, Line 1(c) "Health facility" means a facility licensed or certified
Page 3, Line 2pursuant to section 25-1.5-103 or established pursuant to part 5 of article 21 of title 23 or article 29 of title 25.
Page 3, Line 3(d) "Medical professional" means a person licensed to
Page 3, Line 4practice medicine pursuant to article 240 of this title 12 or to practice nursing pursuant to part 1 of article 255 of this title 12.
Page 3, Line 5(e) "Mental health-care professional or counselor"
Page 3, Line 6means a medical professional, including an intern, trainee,
Page 3, Line 7volunteer, or other individual who is engaged in the delivery of mental health-care or counseling services.
Page 3, Line 8(f) "Minor" means an individual under eighteen years of age.
Page 3, Line 9(g) "Political subdivision" means a local governmental
Page 3, Line 10entity and includes every county, city and county, city, town,
Page 3, Line 11school district, special district, public highway authority,
Page 3, Line 12regional transportation authority, and housing authority
Page 3, Line 13within this state or an instrumentality of government created by one or more local governmental entities.
Page 3, Line 14(h) "Sex" means the biological state of being female or
Page 3, Line 15male, based on sex organs, chromosomes, and endogenous hormone profiles.
Page 3, Line 16(3) Prohibition on certain practices and health-care services.
Page 3, Line 17(a) Notwithstanding any other provision of law to the
Page 3, Line 18contrary, and except as provided in subsection (3)(c) of this
Page 3, Line 19section, an individual shall not engage in the following
Page 3, Line 20practices, or cause or assist in the performance of the following
Page 4, Line 1practices, upon a minor to further the minor's desire to present or appear in a manner that is inconsistent with the minor's sex:
Page 4, Line 2(I) Surgery that sterilizes the minor, including
Page 4, Line 3castration, vasectomy, hysterectomy, oophorectomy,
Page 4, Line 4metoidioplasty, orchiectomy, penectomy, phalloplasty, and vaginoplasty;
Page 4, Line 5(II) A mastectomy;
Page 4, Line 6(III) Administering or supplying the following medications that induce transient or permanent infertility:
Page 4, Line 7(A) Puberty-blocking medication to stop or delay normal puberty;
Page 4, Line 8(B) Supraphysiologic doses of testosterone or other androgens to members of the female sex; or
Page 4, Line 9(C) Supraphysiologic doses of estrogen or synthetic
Page 4, Line 10compounds with estrogenic activity to members of the male sex; or
Page 4, Line 11(IV) Removing an otherwise healthy or non-diseased body part or tissue.
Page 4, Line 12(b) A medical professional who engages in a practice
Page 4, Line 13identified in subsection (3)(a) of this section, or causes or assists
Page 4, Line 14in the practice performed, commits unprofessional conduct and
Page 4, Line 15is subject to revocation of licensure and any other appropriate
Page 4, Line 16discipline by the Colorado medical board created in section
Page 4, Line 1712-240-105. The medical professional is subject to a civil penalty
Page 4, Line 18of up to one thousand dollars per occurrence. Payments for
Page 4, Line 19penalties imposed pursuant to this section must be deposited into
Page 4, Line 20the state general fund.
Page 5, Line 1(c) The requirements of this section do not apply to the following:
Page 5, Line 2(I) The good faith medical decision of a parent or
Page 5, Line 3guardian of a minor born with a medically verifiable genetic disorder of sexual development, including:
Page 5, Line 4(A) A minor with external biological sex characteristics
Page 5, Line 5that are irresolvably ambiguous, such as a minor born having
Page 5, Line 6forty-six XX chromosomes with virilization, forty-six XY
Page 5, Line 7chromosomes with undervirilization, or having both ovarian and testicular tissue; or
Page 5, Line 8(B) When a physician has otherwise diagnosed a disorder
Page 5, Line 9of sexual development in which the physician has determined
Page 5, Line 10through genetic testing that the minor does not have the normal sex chromosome structure for male or female sexes; or
Page 5, Line 11(II) Treatment of a minor who, before the effective date
Page 5, Line 12of this act, received one or more courses of treatment described in subsection (3)(a) of this section.
Page 5, Line 13(d) Notwithstanding any other provision of law to the
Page 5, Line 14contrary, a health-care provider must not receive state funds
Page 5, Line 15to furnish, provide, or perform a health-care service that
Page 5, Line 16constitutes the performance of, or preparation for, a gender transition procedure to or on a minor.
Page 5, Line 17(4) Counseling.An office, agency, or political subdivision
Page 5, Line 18of this state, or an organization with authority to license or
Page 5, Line 19discipline the members of a profession, shall not impose a penalty
Page 5, Line 20or take adverse action against an individual who gives or
Page 5, Line 21receives counsel, advice, guidance, or other speech or
Page 6, Line 1communication, whether described as therapy or provided for a fee, consistent with conscience or religious belief.
Page 6, Line 2(5) Protection of parental rights. (a) Notwithstanding any
Page 6, Line 3other provision of law to the contrary, a parent, guardian, or
Page 6, Line 4legal custodian, in exercising the fundamental right to care for
Page 6, Line 5a child, may withhold consent for a treatment, activity, or
Page 6, Line 6mental health-care service that is designed and intended to
Page 6, Line 7form the child's conceptions of sex and gender or to treat
Page 6, Line 8gender dysphoria or gender nonconformity. An employee or
Page 6, Line 9agent of this state or a political subdivision shall not infringe
Page 6, Line 10upon, or impede the exercise of, the right described in this subsection (5)(a).
Page 6, Line 11(b) If an employee or agent of this state or a political
Page 6, Line 12subdivision has knowledge that a minor under the care or
Page 6, Line 13supervision of this state or a political subdivision has exhibited
Page 6, Line 14symptoms of gender dysphoria, gender nonconformity, or
Page 6, Line 15otherwise demonstrates a desire to be treated in a manner
Page 6, Line 16incongruent with the minor's sex, the employee or agent with
Page 6, Line 17that knowledge must immediately notify, in writing, the minor's
Page 6, Line 18parent, guardian, or legal custodian. The notice must describe
Page 6, Line 19all relevant information known to the employee or agent with reasonable specificity.
Page 6, Line 20(6) Whistleblower protection. (a) A person must not be
Page 6, Line 21discriminated or retaliated against for doing any of the following:
Page 6, Line 22(I) Providing, causing to be provided, or taking steps to
Page 6, Line 23provide or cause to be provided to the person's employer, the
Page 7, Line 1attorney general, an entity of this state or a political
Page 7, Line 2subdivision, or an entity of the federal government information
Page 7, Line 3about an act or omission that constitutes a violation of this section;
Page 7, Line 4(II) Testifying or preparing to testify in a proceeding concerning a violation of this section; or
Page 7, Line 5(III) Assisting or participating in a proceeding concerning a violation of this section.
Page 7, Line 6(b) Unless a disclosure or report of information is
Page 7, Line 7specifically prohibited by law, a person must not be
Page 7, Line 8discriminated against in any manner because the person
Page 7, Line 9discloses information pursuant to this section that the person believes reveals the following:
Page 7, Line 10(I) A violation of law or rule;
Page 7, Line 11(II) A violation of a standard of care or other ethical guideline for the provision of a health-care service; or
Page 7, Line 12(III) An act of gross mismanagement, gross waste of funds,
Page 7, Line 13or abuse of authority, or an act that poses a substantial and specific danger to public health or safety.
Page 7, Line 14(7) Limitation on use of state funds.State funds must not be
Page 7, Line 15used for the performance of, or in furtherance of, practices
Page 7, Line 16specified in subsection (3) of this section or to support the
Page 7, Line 17administration of a governmental health plan or
Page 7, Line 18government-offered insurance policy offering practices specified in subsection (3) of this section.
Page 7, Line 19(8) Civil remedies. (a) A civil action for compensatory or
Page 7, Line 20special damages, injunctive relief, or other relief available
Page 8, Line 1under law may be brought by a person for a violation of this
Page 8, Line 2part 1 against a medical professional, health-care entity,
Page 8, Line 3government agent, or other individual or entity responsible for the violation.
Page 8, Line 4(b) A party aggrieved or harmed by a violation of this
Page 8, Line 5part 1 must bring suit for a violation of this part 1 no later than
Page 8, Line 6two years after the day the cause of action accrued. A minor
Page 8, Line 7injured by a practice prohibited pursuant to this part 1 may bring
Page 8, Line 8an action during their minority through a parent or guardian,
Page 8, Line 9and may bring an action in their own name upon reaching
Page 8, Line 10majority at any time from that date until twenty years from the date the minor attained the age of majority.
Page 8, Line 11(c) A person who prevails on a claim brought pursuant to
Page 8, Line 12this section is entitled, upon the finding of a violation, to recover the following:
Page 8, Line 13(I) Monetary damages, including all psychological, emotional, and physical harm suffered;
Page 8, Line 14(II) Total costs of the action and reasonable attorney fees; and
Page 8, Line 15(III) Other appropriate relief.
Page 8, Line 16(d) Standing to assert a claim or defense pursuant to this section is governed by the general law of standing.
Page 8, Line 17(9) Preemption. (a) A political subdivision shall not enact,
Page 8, Line 18adopt, maintain, or enforce a law, ordinance, rule, order, policy,
Page 8, Line 19or other measure that prohibits, restricts, limits, controls,
Page 8, Line 20directs, or otherwise interferes with the professional conduct
Page 8, Line 21and judgment of a mental health-care professional or
Page 9, Line 1counselor, including speech undertaken within the course of
Page 9, Line 2treatment and communication with a client, patient, other
Page 9, Line 3person, or the public, including therapy, counseling, referral, and education.
Page 9, Line 4(b) The attorney general or a mental health-care
Page 9, Line 5professional or counselor may bring an action for an injunction
Page 9, Line 6to prevent or restrain a violation of this section. A mental
Page 9, Line 7health-care professional may recover reasonable costs and
Page 9, Line 8attorney fees incurred in obtaining an injunction pursuant to this section.
Page 9, Line 9(c) Sovereign and governmental immunity to suit and from
Page 9, Line 10liability are waived and abolished to the extent of the liability created by this section.
Page 9, Line 11SECTION 2. In Colorado Revised Statutes, 19-2.5-1502.5, repeal (3)(h) as follows:
Page 9, Line 1219-2.5-1502.5. Bill of rights for youth in a juvenile facility.
Page 9, Line 13(3) In addition to the other rights granted pursuant to this section, a youth
Page 9, Line 14detained or committed to the care and physical custody of a juvenile
Page 9, Line 15facility operated by the department of human services has the following rights related to medical care:
Page 9, Line 16(h)
Access to gender-affirming care.Page 9, Line 17SECTION 3. In Colorado Revised Statutes, 24-10-106, amend (1)(j) and (1)(k); and add (1)(l) as follows:
Page 9, Line 1824-10-106. Immunity and partial waiver. (1) A public entity is
Page 9, Line 19immune from liability in all claims for injury that lie in tort or could lie
Page 9, Line 20in tort regardless of whether that may be the type of action or the form of
Page 9, Line 21relief chosen by the claimant except as provided otherwise in this section.
Page 10, Line 1Sovereign immunity is waived by a public entity in an action for injuries resulting from:
Page 10, Line 2(j) An action brought pursuant to part 12 of article 20 of title 13,
Page 10, Line 3whether the conduct alleged occurred before, on, or after January 1, 2022;
orPage 10, Line 4(k) An action brought pursuant to section 24-34-806 (4); or
(l) An action brought pursuant to section 12-30-125.
Page 10, Line 5SECTION 4. In Colorado Revised Statutes, 27-60-104, amend (3.5) as follows:
Page 10, Line 627-60-104. Behavioral health crisis response system - crisis
Page 10, Line 7service facilities - walk-in centers - mobile response units - report.
Page 10, Line 8(3.5) Mobile crisis programs and crisis walk-in centers shall provide
Page 10, Line 9crisis response screening services to any individual seeking such services,
Page 10, Line 10including youth of any age and an individual with a disability, as defined
Page 10, Line 11in the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec.
Page 10, Line 1212101 et seq., as amended, regardless of primary diagnosis, co-occurring
Page 10, Line 13conditions, or if the individual requires assistance with activities of daily
Page 10, Line 14living, as defined in section 12-270-104. All additional or corresponding
Page 10, Line 15behavioral health services beyond the crisis response screening must be
Page 10, Line 16provided in accordance with all applicable state laws, including, but not limited to, sections
12-245-203.5,Page 10, Line 17SECTION 5. In Colorado Revised Statutes, repeal 12-245-203.5.
Page 10, Line 18SECTION 6. Safety clause. The general assembly finds,
Page 10, Line 19determines, and declares that this act is necessary for the immediate
Page 10, Line 20preservation of the public peace, health, or safety or for appropriations for
Page 10, Line 21the support and maintenance of the departments of the state and state
Page 10, Line 22institutions.