HOUSE BILL 490
56th legislature - STATE OF NEW MEXICO - first session, 2023
John Block and Rod Montoya and Harlan Vincent and
Alan T. Martinez and James G. Townsend
RELATING TO HEALTH CARE; REQUIRING PARENTAL CONSENT FOR THE PROVISION OF GENDER AFFIRMING PROCEDURES TO MINORS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] REQUIRING PARENTAL CONSENT FOR THE PROVISION OF GENDER AFFIRMING PROCEDURES TO MINORS.--
A. Any health care provider that provides gender affirming procedures to a minor shall be subject to civil liability and discipline from the health care provider's respective licensing board unless the health care provider has obtained informed written consent that has been signed by:
(1) both of the minor's parents;
(2) one of the minor's parents if the other parent is dead, unknown, found by a court to be mentally incompetent or has had parental rights terminated; or
(3) the person or persons who have legal custody of the minor if both of the minor's parents are dead, unknown, found by a court to be mentally incompetent or have had their parental rights terminated.
B. For the purposes of this section:
(1) "gender affirming procedure" means any gender-related surgical or nonsurgical procedure, including hormone treatments and gender affirmation surgeries;
(2) "health care provider" means any licensed professional in the health care industry that provides services to patients;
(3) "legal custody" means a legal status that vests in a person, department or agency the rights and obligations that would otherwise vest by law in a parent; and
(4) "minor" means any person who has not reached eighteen years of age and has not been emancipated pursuant to the Emancipation of Minors Act.
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