Effective Date: [Insert Date]
Purpose: This policy aims to protect minors from undergoing irreversible gender modification surgeries by establishing legal consequences for medical practitioners who perform such procedures on individuals under the age of 18.
I. Definitions:
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Gender Affirmation Surgery: Any surgical procedure intended to modify an individual’s physical appearance or function to align with a gender identity different from their biological sex at birth. This includes but is not limited to surgeries such as mastectomy, vaginoplasty, phalloplasty, or any other form of genital reconstruction for the purpose of gender affirmation.
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Minor: An individual under the age of 18.
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Practitioner: A medical doctor, surgeon, physician assistant, nurse practitioner, or any other healthcare provider legally able to perform surgery.
II. Prohibition:
- Section 2.1 - Ban on Procedures: No practitioner shall perform gender affirmation surgery on any minor within this jurisdiction.
III. Exceptions:
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Section 3.1 - Medical Necessity: Gender affirmation surgeries may be permissible if:
- They are deemed medically necessary to treat a congenital disorder of sexual development (intersex conditions).
- The procedure is not primarily for gender affirmation but for another medically recognized condition.
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Section 3.2 - Continuation of Care: Minors who have already begun hormone therapy or other reversible aspects of gender transition prior to the enactment of this policy and who have been consistently and persistently expressing a gender identity incongruent with their sex assigned at birth might be allowed to continue with certain treatments under strict medical and psychological review, but not surgical interventions.
IV. Criminal Penalties:
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Section 4.1 - First Offense: A practitioner found guilty of performing gender affirmation surgery on a minor shall:
- Be charged with a felony.
- Face imprisonment for a term not less than five years and not more than ten years.
- Be subject to a fine not less than $50,000.
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Section 4.2 - Subsequent Offenses: For any subsequent offense:
- The term of imprisonment may be increased up to fifteen years.
- The fine may be doubled.
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Section 4.3 - Civil Liability: Practitioners shall also be liable for civil damages payable to the affected minor upon reaching adulthood or to their legal guardians if the minor’s capacity to consent is in question.
V. Professional Consequences:
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Section 5.1 - License Revocation: The medical license of any practitioner found guilty under this Act will be subject to immediate suspension pending a full review by the relevant medical board, with probable cause for permanent revocation.
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Section 5.2 - Reporting Requirement: Hospitals and medical facilities are required to report any instances of gender affirmation surgery performed on minors to the state medical board for investigation.
VI. Enforcement:
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Section 6.1 - Oversight Body: An oversight committee comprising medical experts, legal advisors, and child welfare advocates shall be formed to monitor compliance and investigate complaints.
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Section 6.2 - Whistleblower Protections: Protections for individuals who report violations of this policy shall be put in place, ensuring no retaliation against those who expose non-compliance.
VII. Education and Awareness:
- Section 7.1 - Public Education: The Department of Health shall undertake efforts to educate the public, medical professionals, and families about the implications of this policy, emphasizing alternative, non-surgical methods of gender affirmation for minors.
VIII. Review and Amendment:
- Section 8.1 - Periodic Review: This policy will undergo review every five years or upon significant changes in scientific understanding or public policy regarding gender dysphoria and its treatment to ensure it remains aligned with ethical medical practice and child welfare standards.