26B-4-1001. Definitions.
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Effective 5/6/2026
26B-4-1001. Definitions.
As used in this part:
(1)"Correctional facility" means a facility operated to house inmates in a secure or nonsecure setting:
(a)by the Department of Corrections; or
(b)under a contract with the Department of Corrections.
(2)"Cross-sex hormone treatment" means administering, prescribing, or supplying for effectuating or facilitating an individual's attempted sex change:
(a)to an individual whose biological sex at birth is female, a dose of testosterone or other androgens at levels above those normally found in an individual whose biological sex at birth is female; or
(b)to an individual whose biological sex at birth is male, a dose of estrogen or a synthetic compound with estrogenic activity or effect at levels above those normally found in an individual whose biological sex at birth is male.
(3)"Division" means the Division of Correctional Health Services.
(4)"Health care facility" means the same as that term is defined in Section 26B-2-201 .
(5)"Inmate" means an individual who is:
(a)committed to the custody of the Department of Corrections; and
(b)housed at a correctional facility or at a county jail at the request of the Department of Corrections.
(6)"Medical monitoring technology" means a device, application, or other technology that can be used to improve health outcomes and the experience of care for patients, including evidence-based clinically evaluated software and devices that can be used to monitor and treat diseases and disorders.
(7)"Medication assisted treatment" means the use of a prescribed medication approved by the Food and Drug Administration, such as buprenorphine, methadone, or naltrexone, to treat substance use withdrawal symptoms or an opioid use disorder.
(a)"Primary sex characteristic surgical procedure" means any of the following if done for the purpose of effectuating or facilitating an individual's attempted sex change:
(i)for an individual whose biological sex at birth is male, castration, orchiectomy, penectomy, vaginoplasty, or vulvoplasty;
(ii)for an individual whose biological sex at birth is female, hysterectomy, oophorectomy, metoidioplasty, or phalloplasty; or
(iii)any surgical procedure that is related to or necessary for a procedure described in Subsection (8)(a)(i) or
(ii), that would result in the sterilization of an individual who is not sterile.
(b)"Primary sex characteristic surgical procedure" does not include:
(i)surgery or other procedures or treatments performed on an individual who:
(A)is born with external biological sex characteristics that are irresolvably ambiguous;
(B)is born with 46, XX chromosomes with virilization;
(C)is born with 46, XY chromosomes with undervirilization;
(D)has both ovarian and testicular tissue; or
(E)has been diagnosed by a physician, based on genetic or biochemical testing, with a sex development disorder characterized by abnormal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action for a male or female; or
(ii)removing a body part:
(A)because the body part is cancerous or diseased; or
(B)for a reason that is medically necessary, other than to effectuate or facilitate an individual's attempted sex change.
(a)"Secondary sex characteristic surgical procedure" means any of the following if done for the purpose of effectuating or facilitating an individual's attempted sex change:
(i)for an individual whose biological sex at birth is male, breast augmentation surgery, chest feminization surgery, or facial feminization surgery; or
(ii)for an individual whose biological sex at birth is female, mastectomy, breast reduction surgery, chest masculinization surgery, or facial masculinization surgery.
(b)"Secondary sex characteristic surgical procedure" does not include:
(i)surgery or other procedures or treatments performed on an individual who:
(A)is born with external biological sex characteristics that are irresolvably ambiguous;
(B)is born with 46, XX chromosomes with virilization;
(C)is born with 46, XY chromosomes with undervirilization;
(D)has both ovarian and testicular tissue; or
(E)has been diagnosed by a physician, based on genetic or biochemical testing, with a sex development disorder characterized by abnormal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action for a male or female; or
(ii)removing a body part:
(A)because the body part is cancerous or diseased; or
(B)for a reason that is medically necessary, other than to effectuate or facilitate an individual's attempted sex change.
(10)"Substance use disorder" means the same as that term is defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.
(11)"Telehealth psychiatric consultation" means the same as that term is defined in Section 26B-1-328 .
(12)"Terminally ill" means the same as that term is defined in Section 31A-36-102 .
Amended by Chapter 324 , 2026 General Session