78B-3-427. Transgender procedures upon a minor -- Right of action -- Informed consent requirements -- Statute of limitations.

380 words·~2 min read·/ut/title-78b/chapter-3/78b-3-427

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 1/28/2023

(1)As used in this section:

(a)"Hormonal transgender treatment" means the same as that term is defined in Section 58-1-603 .

(b)"Minor" means the same as that term is defined in Section 58-1-603 .

(a)Notwithstanding any other provision of law, a malpractice action against a health care provider may be brought against a health care provider for damages arising from:

(i)providing a hormonal transgender treatment to a minor without complying with the requirements described in Section 58-1-603 ;

(ii)negligence in providing a hormonal transgender treatment to a minor; or

(iii)providing a treatment or procedure described in Subsection (2)(b)(ii) to a minor without the minor's consent including if the minor disaffirms consent under Subsection

(3).

(a)Notwithstanding any other provision of law, an individual who gave informed consent as a minor or for whom consent was given under Section 78B-3-406 , may disaffirm the consent if:

(i)the treatment at issue began after January 28, 2023;

(ii)the consent was provided for any of the following:

(A)a hormonal transgender treatment;

(B)a primary sex characteristic surgical procedure as defined in Section 58-67-102 ; or

(C)a secondary sex characteristic surgical procedure as defined in Section 58-67-102 ;

(iii)under the totality of the circumstances, a health care provider would have reason to believe that the minor, or a similarly situated minor, could later regret having given consent;

(iv)the individual suffered a permanent physical injury; and

(v)the consent is disaffirmed in writing before the individual reaches the age of 25 years old.

(b)A disaffirmation of consent under this Subsection

(3)relates back to the day the original consent was given.

(4)Notwithstanding any other provision of law, a malpractice action against a health care provider described in Subsection (2)(a) may be brought before the patient is 25 years old if the treatment at issue in the malpractice action began, occurred, or continued on or after January 28, 2023.

(5)Sections 78B-3-404 and 78B-3-406 do not apply to an action described in this section.

Revisor instructions Chapter 2 , 2023 General Session

Enacted by Chapter 2 , 2023 General Session