KRS § 311.372 — KY Code / Title XXVI / Chapter 311 / Section 311.372
311.372 Prohibition on treatments to a minor for purpose of attempting to alter the appearance or perception of the minor's sex -- Exceptions -- Penalties
Status: in_force

311.372 Prohibition on treatments to a minor for purpose of attempting to alter the

appearance or perception of the minor's sex -- Exceptions -- Penalties.

(1) As used in this section:

(a) "Minor" means any person under the age of eighteen (18) years; and

(b) "Sex" means the biological indication of male and female as evidenced by sex

chromosomes, naturally occurring sex hormones, gonads, and nonambiguous

internal and external genitalia present at birth.

(2) Except as provided in subsection (3) of this section, a health care provider shall not,

for the purpose of attempting to alter the appearance of, or to validate a minor's

perception of, the minor’s sex, if that appearance or perception is inconsistent with

the minor's sex, knowingly:

(a) Prescribe or administer any drug to delay or stop normal puberty;

(b) Prescribe or administer testosterone, estrogen, or progesterone, in amounts

greater than would normally be produced endogenously in a healthy person of

the same age and sex;

(c) Perform any sterilizing surgery, including castration, hysterectomy,

oophorectomy, orchiectomy, penectomy, and vasectomy;

(d) Perform any surgery that artificially constructs tissue having the appearance

of genitalia differing from the minor's sex, including metoidioplasty,

phalloplasty, and vaginoplasty; or

(e) Remove any healthy or non-diseased body part or tissue.

(3) The prohibitions of subsection (2) this section shall not limit or restrict the

provision of services to:

(a) A minor born with a medically verifiable disorder of sex development,

including external biological sex characteristics that are irresolvably

ambiguous;

(b) A minor diagnosed with a disorder of sexual development, if a health care

provider has determined, through genetic or biochemical testing, that the

minor does not have a sex chromosome structure, sex steroid hormone

production, or sex steroid hormone action, that is normal for a biological male

or biological female; or

(c) A minor needing treatment for an infection, injury, disease, or disorder that

has been caused or exacerbated by any action or procedure prohibited by

subsection (2) of this section.

(4) If a licensing or certifying agency for health care providers finds, in accordance

with each agency's disciplinary and hearing process, that a health care provider who

is licensed or certified by the agency has violated subsection (2) of this section, the

agency shall revoke the health care provider's licensure or certification.

(5) Any civil action to recover damages for injury suffered as a result of a violation of

subsection (2) of this section may be commenced before the later of:

(a) The date on which the person reaches the age of thirty (30) years; or

(b) Within three (3) years from the time the person discovered or reasonably

should have discovered that the injury or damages were caused by the

violation.

(6) If a health care provider has initiated a course of treatment for a minor that includes

the prescription or administration of any drug or hormone prohibited by subsection

(2) of this section, and if the health care provider determines and documents in the

minor's medical record that immediately terminating the minor's use of the drug or

hormone would cause harm to the minor, the health care provider may institute a

period during which the minor's use of the drug or hormone is systematically

reduced.