SB0500

SENATE BILL 500

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

David M. Gallegos and Jay C. Block

AN ACT

RELATING TO HEALTH CARE; ENACTING THE DETRANSITIONER PROTECTION ACT; PROVIDING DEFINITIONS; PROVIDING PENALTIES AND ENFORCEMENT; PROVIDING A PRIVATE RIGHT OF ACTION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1. A new Section 24-36-1 NMSA 1978 is enacted to read:

"24-36-1. [NEW MATERIAL] SHORT TITLE.--Chapter 24, Article 36 NMSA 1978 may be cited as the "Detransitioner Protection Act"."

SECTION 2. A new Section 24-36-2 NMSA 1978 is enacted to read:

"24-36-2. [NEW MATERIAL] DEFINITIONS.--As used in the Detransitioner Protection Act:

A. "department" means the department of health;

B. "detransition" means a temporary or permanent cessation or reversal of a transgender identification or a gender transition, through social, legal or medical means;

C. "detransition procedure" means a treatment, including mental health treatment, medical interventions or surgery, that is intended to:

(1) stop or reverse the effects of a prior gender transition procedure; or

(2) help an individual cope with the effects of a prior gender transition procedure;

D. "detransitioner" means:

(1) an individual who began or completed a gender transition procedure but later sought treatment to reverse the effects of the gender transition treatment or procedure; or

(2) an individual who began a gender transition procedure but has ceased that procedure;

E. "female" means an individual human who has, had, will have or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports and uses eggs for fertilization;

F. "gender" means the psychological, behavioral, social and cultural aspects of being male or female;

G. "gender clinic" means a health care entity, including a public body, that provides or prescribes gender transition procedures or refers individuals for gender transition procedures;

H. "gender dysphoria" means a diagnosis as provided under the Diagnostic and Statistical Manual of Mental Disorders, fifth edition, that occurs when a person is distressed or impaired due to a difference between that person's gender identity and the person's assigned gender at birth;

I. "gender incongruence" means a diagnosis as provided under the world health organization's International Classification of Diseases, eleventh revision, when a person's gender identify differs from the person's assigned sex at birth;

J. "gender transition procedure" means a pharmaceutical or surgical intervention to alter an individual's body as a treatment to address an inconsistency between a minor's sex and that minor's perceived gender or perceived sex;

K. "health care provider" means an individual or

entity licensed to administer or provide health care services

in this state;

L. "informed notice" means a verbal and written notice provided to a minor or the minor's parent by a health care provider or public body whom the minor or parent contacts for information about or access to a gender transition procedure for the minor. The informed notice shall be stated or written verbatim as provided in Subsection B of Section 3 of the Detransitioner Protection Act;

M. "male" means an individual human who has, had, will have, or would have but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports and uses sperm for fertilization;

N. "mental health professional" means a health care provider whose scope of practice includes diagnosing and treating mental health conditions;

O. "minor" means a child who is younger than eighteen years of age and who is not an emancipated minor;

P. "parent" means a biological, legal or adoptive father, mother or legal guardian of another individual;

Q. "perceived gender" means an individual's internal sense of that individual's gender;

R. "perceived sex" means an individual's internal sense of that individual's sex;

S. "public body" means a state or local government, an advisory board, a commission, an agency or an entity created by the constitution of New Mexico or a branch of government, including a health care provider or entity acting on behalf of or within the scope of the authority of a public body, that receives public funding and includes political subdivisions, special tax districts, school districts and institutions of higher education; and

T. "sex" means the biological indication of an individual at the time of birth as male or 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, including secondary sex characteristics, without regard to the individual's psychological, chosen or subjective experience or perception of the individual's gender."

SECTION 3. A new Section 24-36-3 NMSA 1978 is enacted to read:

"24-36-3. [NEW MATERIAL] GENDER TRANSITION PROCEDURE FOR MINOR PROHIBITED--INFORMED NOTICE REQUIRED--VIOLATIONS--PENALTIES--ENFORCEMENT.--

A. A health care provider or public body shall not

provide a gender transition procedure on or provide gender transition information to a minor.

B. A health care provider or public body shall provide informed notice to a minor or that minor's parent who requests information about or access to a gender transition procedure for the minor. The written notice shall be in at least fourteen point font in a proportionally spaced typeface and provided during every discussion, medical visit or interaction with the minor or that minor's parent.

The informed notice shall be both written and stated exactly as follows:

"1. No reliable studies have shown that these treatments reduce the risk of suicide in children or adolescents with gender dysphoria.

2. The United States food and drug administration has not approved the use of puberty blockers or cross-sex hormones for the purpose of treating gender dysphoria or gender incongruence. In other words, using these medications to treat gender dysphoria or gender incongruence is considered "off-label" use because the medications are not being used for their approved purposes.

3. European governments, including the United Kingdom, Sweden and Finland, have studied these treatments and have concluded there is no reliable evidence showing that the potential benefits of puberty blockers and cross-sex hormones for this purpose outweigh the risks. Those governments instead recommend psychotherapy as the first line of treatment for children and adolescents with gender dysphoria.

4. The use of puberty blockers and cross-sex hormones for this purpose increases the risk of a child or an adolescent being sterilized, meaning that the child will never be able to have children.

5. The use of puberty blockers and cross-sex hormones for this purpose carries numerous other risks of physical harm, including severely decreased bone density, heart disease, stroke and cancer.

6. The effect of these treatments on the brain development of a child or an adolescent is entirely unknown.".

C. It is a violation of the Detransitioner Protection Act to fail to comply with the requirements of Subsection A of this section. A health care provider found to have knowingly violated Subsection A of this section:

(1) has engaged in unprofessional conduct and is subject to discipline by the licensing authority responsible for the regulation of the health care provider's license. Licensing discipline pursuant to this section shall include revocation and suspension of the health care provider's license for at least one year; and

(2) is subject to a private right of action by the parent of the minor subject to that violation for damages and such equitable relief as the court may determine appropriate. The court may award reasonable attorney fees and court costs to a prevailing party.

D. Notwithstanding any contrary provision of law, a health care provider shall not deny a parent access to the medical records or medical information of that parent's minor.

This subsection does not require a health care provider or other person delegated with access to the health care provider's patients' records to provide access to a minor's medical records when:

(1) the medical records or medical information relate to harm resulting from abuse, neglect or domestic violence;

(2) the person denying access reasonably believes the minor's parent is responsible for the abuse, neglect or other injury resulting from domestic violence; and

(3) the person denying access reasonably believes that informing the parent would not be in the best interests of the minor.

E. For the purposes of this section, "abuse, neglect or domestic violence" does not include:

(1) a parent's refusal to permit the parent's minor to seek gender-transition information or treatment to address an inconsistency between the minor's sex and the minor's perceived gender or perceived sex;

(2) a parent's refusal to address the parent's minor using pronouns that are inconsistent with the minor's sex; or

(3) a parent's refusal to address the parent's minor with a name other than the minor's legal name.

F. A parent who is denied access to medical records or medical information in violation of this section has a private right of action for damages and such equitable relief as the court may determine is appropriate. The court may award reasonable attorney fees and court costs to a prevailing party.

G. The attorney general or a district attorney may investigate a potential violation of the Detransitioner Protection Act and may seek production of documents or testimony through a civil investigative demand and may bring an action to enforce the provisions of that act."

SECTION 4. A new Section 24-36-4 NMSA 1978 is enacted to read:

"24-36-4. [NEW MATERIAL] DETRANSITIONER--RIGHT TO EFFECTIVE CARE.--A health care provider or public body shall not:

A. prohibit the provision of mental health therapy to help a minor address an inconsistency between the minor's sex and the minor's perceived gender or perceived sex; or

B. prohibit a parent from consenting to or withholding consent from the provision of mental health therapy to help that parent's minor address an inconsistency between the minor's sex and the minor's perceived gender or perceived sex."

SECTION 5. A new Section 24-36-5 NMSA 1978 is enacted to read:

"24-36-5. [NEW MATERIAL] PUBLIC TRANSPARENCY--GENDER CLINIC REQUIRED REPORTS.--

A. Every gender clinic operating in this state shall provide a report of statistics regarding each gender transition procedure prescribed or provided by the clinic or, in the case of a minor, any interaction with a minor or that minor's parent seeking information or access to a gender transition procedure to the department on a form prescribed by the department. The statistics reported shall include:

(1) the date on which the gender transition procedure was prescribed or the referral was made for the gender transition procedure;

(2) the age and sex of the person to whom the gender transition procedure was prescribed or for whom the gender transition procedure referral was made;

(3) whether a drug was prescribed as part of a gender transition procedure and, if so, the:

(a) name of the drug;

(b) dosage, dosage frequency and duration; and

(4) for a surgical procedure provided or for a referral made for a surgical procedure as part of a gender transition procedure, the type of surgical procedure, identified by the system code listed in the American medical association's current procedural technology code set;

(5) the state and county of residence of the person receiving the gender transition procedure;

(6) the name, contact information and medical

specialty of the health care provider who prescribed the gender transition procedure or made the referral for the gender transition procedure; and

(7) a description of any other neurological, behavioral or mental health conditions that the person has been diagnosed with or exhibits symptoms of, including autism spectrum disorder, depression, anxiety or bipolar disorder.

B. The form required pursuant to this section shall be:

(1) completed by each gender clinic at which a gender transition procedure is prescribed or a referral is made for a gender transition procedure;

(2) signed by the health care provider who prescribes the gender transition procedure or makes a referral for a gender transition procedure; and

(3) transmitted by the gender clinic to the department within fifteen days after the end of the calendar month during which the gender transition procedure was prescribed or the referral was made for a gender transition procedure.

C. Reporting forms required under this section shall not contain the following personal information of the person receiving a gender transition procedure or a referral for a gender transition procedure:

(1) the name of the person;

(2) common identifiers of the person, including a social security number, a driver's license number or other identifying information from a state-issued identification card; or

(3) other information that would make it reasonably possible to identify the person.

D. The department shall prepare a comprehensive annual statistical report for the legislative finance committee and the legislative health and human services committee based upon the data gathered from forms submitted under this section. The report shall include a detailed summary of the information obtained. The report shall not disclose the identity of any person or entity that is the subject of a report. The report shall be published on the department's website and made independently available to the public by the department in a downloadable format.

E. A health care provider or public body in violation of this section:

(1) has engaged in unprofessional conduct and is subject to discipline by the appropriate licensing entity or disciplinary review board with competent jurisdiction in this state. That discipline shall include suspension of the ability to administer health care or practice medicine for at least one year; and

(2) the gender clinic where the health care provider is employed shall pay a civil fine not to exceed two hundred fifty thousand dollars ($250,000).

F. The attorney general or a district attorney may investigate a potential violation of this section, may seek production of documents or testimony through a civil investigative demand and may bring an action to enforce compliance with this section."

SECTION 6. A new Section 24-36-6 NMSA 1978 is enacted to read:

"24-36-6. [NEW MATERIAL] PUBLIC BODY--GENDER CLINIC--REQUIREMENT TO PROVIDE CERTAIN DETRANSITION PROCEDURES--RIGHT TO INSURANCE COVERAGE.--

A. A public body or gender clinic that uses state funds to directly or indirectly provide or pay for the performance of gender transition procedures shall, as a condition of receiving the state funds, agree to provide or pay for the performance of detransition procedures for any person for whom the public body or gender clinic provides or has provided a gender transition procedure.

B. If an insurance policy includes coverage in this state for gender transition procedures, the policy shall also include coverage in this state for detransition procedures.

C. Any entity providing insurance coverage for detransition procedures shall provide statistics in a form prescribed by the department regarding insurance claims for detransition procedures in this state. The department shall develop the form and shall include the required reporting of the following:

(1) the number of insurance claims made for a detransition procedure in this state;

(2) the age and sex of the individual receiving the detransition procedure;

(3) if known, the date that the individual initially began a prior gender transition procedure; and

(4) the state and county of residence of the person receiving the gender transition procedure.

D. The form completed pursuant to this section shall be transmitted by the gender clinic to the department within fifteen days after the end of the calendar month during which the claim for the detransition procedure was filed.

E. Reporting forms required under this section shall not contain any of the following regarding the person receiving a detransition procedure:

(1) the name of the person;

(2) common identifiers of the person, including a social security number or a driver's license number; or

(3) other information that would make it possible to identify the person.

F. The department shall prepare a comprehensive annual statistical report for the legislative finance committee and the legislative health and human services committee based upon the data gathered from forms submitted under this section. The report shall include a detailed summary of the information obtained and shall not disclose the identity of a person or entity that is the subject of a report. The report shall be made independently available to the public by the department in a downloadable format.

G. The attorney general or a district attorney may investigate a potential violation of this section, may seek production of documents or testimony through a civil investigative demand and may bring an action to enforce compliance with this section."

SECTION 7. A new Section 24-36-7 NMSA 1978 is enacted to read:

"24-36-7. [NEW MATERIAL] RIGHT TO LEGAL RESTORATION.--

A. Within thirty days of the effective date of the Detransitioner Protection Act, the department shall develop an expedited process for changing the sex, name, pronouns and any other information recorded on a birth certificate, driver's license or other legal document when the information had been previously changed to align with an individual's perception of that individual's gender or sex at a time when that perception was inconsistent with the individual's sex.

B. Any requirement of a court order for changing a person's name in legal documents in this state as provided in Section 40-8-1 NMSA 1978 is waived for changes made pursuant to the Detransitioner Protection Act. To facilitate the expedited process and the waiver of a court order, the vital records and health statistics bureau of the department under the direction of the state registrar shall maintain copies of original legal documents, including certificates and reports of birth, when those documents are changed to align with an individual's perception of that individual's gender or sex when that perception is inconsistent with the individual's sex."

SECTION 8. A new Section 24-36-8 NMSA 1978 is enacted to read:

"24-36-8. [NEW MATERIAL] HEALTH CARE PROVIDER OR PUBLIC BODY--LIABILITY TO DETRANSITIONER--CAUSE OF ACTION--PENALTIES--ENFORCEMENT.--

A. A health care provider or public body that provides a minor with a gender transition procedure is strictly and personally liable for all costs associated with subsequent detransition procedures sought by the minor within twenty-five years after the commencement of a gender transition procedure.

B. An individual who undergoes a detransition procedure may bring a civil action either within twenty-five years from the day the individual becomes eighteen years of age or within four years from the time the cost of a detransition procedure is incurred, whichever date is later, against a health care provider or a public body as provided in this section in a court of competent jurisdiction for:

(1) the real value of the costs of any detransition procedures;

(2) any other appropriate relief; and

(3) attorney fees and costs.

C. A health care provider or public body that provides a minor with a gender transition procedure is strictly liable to that minor if the procedure or the after-effects of the procedure, including a subsequent detransition procedure, result in any injury, including physical, psychological, emotional or physiological harm, within twenty-five years of the latest procedure provided by that health care provider.

D. An individual who suffers an injury as provided in this section, or that individual's legal representative, may bring a civil action either within twenty-five years from the day the individual becomes eighteen years of age or within four years from the time of discovery by the injured party of both the injury and the causal relationship between the treatment and the injury, whichever date is later, against the offending health care provider or public body in a court of competent jurisdiction for:

(1) declaratory or injunctive relief;

(2) compensatory damages, including pain and suffering, loss of reputation, loss of income or loss of consortium, which includes the loss of expectation of sharing parenthood;

(3) punitive damages;

(4) any other appropriate relief; and

(5) attorney fees and costs.

E. Exceptions to the limitations period in Subsections B and C of this section include:

(1) if, at the time the individual subjected to treatment attains the age of eighteen years of age, the individual is under legal disability, the limitation period in Subsections B and C of this section does not begin to run until the removal of the disability; and

(2) the limitation period in Subsections B and C of this section does not run during a time period when the individual is subject to threats, intimidation, manipulation, fraudulent concealment or fraud perpetrated by the health care provider or public body that provided the treatment described in Subsection A or C of this section or by any person acting in the interest of the health care provider or the public body.

F. A health care provider or public body shall not seek a contractual waiver of liability for a violation of Subsection A or C of this section. Any attempted waiver is contrary to the public policy and is null and void.

G. Section 41-4-19 NMSA 1978 does not apply to actions for damages under this section.

H. The attorney general or a district attorney may investigate a potential violation of this section, may seek production of documents or testimony through a civil investigative demand and may bring an action to enforce compliance with this section.

I. This section does not deny, impair or affect any right or authority of the attorney general, this state or any agency, officer or employee of this state, acting under any law other than this section, to institute or intervene in any proceeding."

SECTION 9. A new Section 24-36-9 NMSA 1978 is enacted to read:

"24-36-9. [NEW MATERIAL] SEVERABILITY.--If any part or application of the Detransitioner Protection Act is held invalid, the remainder or its application to other situations or persons shall not be affected."

SECTION 10. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2025.

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