Scott Wiener's Bills

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SB 201 · 2019-20

Limits sex characteristic treatments on children under 6

Official subject Medical procedures: treatment or intervention: sex characteristics of a minor.

Didn't pass Stopped in the Senate · Failed a committee vote

Plain-language summary

Prohibits treatments or interventions on the sex characteristics of a child under 6 born with variations in physical sex characteristics, unless medically necessary. By December 1, 2021, the Medical Board of California must adopt rules on which treatments are medically necessary. Violations can lead to board discipline but not criminal charges.

How these summaries are written

Official summary · Legislative Counsel's Digest

Describes the final version (Amended Senate, Jan. 6, 2020).

Read the official summary (2 paragraphs)

Under existing law, the Medical Practice Act, it is unprofessional conduct for a physician and surgeon to fail to comply with prescribed informed consent requirements relating to various medical procedures, including sterilization procedures, the removal of sperm or ova from a patient under specified circumstances, and the treatment of breast cancer. Any violation of the law relating to enforcement of the Medical Practice Act is a misdemeanor, as specified.

This bill would prohibit a treatment or intervention on the sex characteristics of a person born with variations in their physical sex characteristics who is under 6 years of age unless the treatment or intervention is medically necessary. The bill, on or before December 1, 2021, would require the Medical Board of California, in consultation with specified persons and entities, to adopt regulations to determine which treatments and interventions on the sex characteristics of a person born with variations in their physical sex characteristics who is under 6 years of age are medically necessary, as specified. Any violation of these provisions would be subject to disciplinary action by the board, but not criminal prosecution.

Official title

An act to add Section 2295 to the Business and Professions Code, relating to sex characteristics.

Timeline

  1. Jan. 31, 2019 Introduced
  2. Feb. 3, 2020 Stopped in the Senate Failed a committee vote
Full official history (11 actions)
  1. Jan. 31, 2019 Introduced: Introduced. Read first time. To Com. on RLS. for assignment. To print.
  2. Feb. 1, 2019 From printer. May be acted upon on or after March 3.
  3. Feb. 13, 2019 Referred to Coms. on B., P. & E.D. and JUD.
  4. March 25, 2019 From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & E.D.
  5. March 27, 2019 Set for hearing April 1.
  6. April 1, 2019 April 1 set for first hearing.Testimony taken.
  7. Jan. 6, 2020 From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & E.D.
  8. Jan. 7, 2020 Set for hearing January 13.
  9. Jan. 7, 2020 Set for hearing January 14 in JUD. pending receipt.
  10. Jan. 13, 2020 January 13 set for second hearing. Failed passage in committee. (Ayes 2. Noes 4. Page 3078.) Reconsideration granted.
  11. Feb. 3, 2020 Returned to Secretary of Senate pursuant to Joint Rule 56.