Safeguard Minors from Sex-Altering Interventions

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED HOUSE BILL 26-1087 LLS NO. 26-0547.01 Shelby Ross x4510 HOUSE SPONSORSHIP Bottoms, SENATE SPONSORSHIP (None), House Committees Senate Committees Health & Human Services A BILL FOR AN ACT CONCERNING SAFEGUARDING A MINOR FROM HEALTH-CARE INTERVENTIONS INTENDED TO ALTER THE MINOR'S BIOLOGICAL SEX.

Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill prohibits a person, health-care provider, or mental health professional from knowingly performing surgery on, or prescribing, administering, or providing hormones or puberty blockers to, a minor for the purpose of altering the minor's biological sex characteristics, or providing mental health therapy, counseling, or referrals that promote or Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law.

affirm a minor's belief that the minor was born in the wrong body or that the minor needs medical intervention to address distress related to the minor's biological sex (prohibited interventions). The bill prohibits the state from investigating or penalizing a minor's parent, or terminating the parent's rights, for refusing to consent to a prohibited intervention for the minor. A public school, health-care provider, or a governmental entity is prohibited from withholding information from a minor's parent regarding the minor's express desire to transition the minor's biological sex. The bill prohibits state or federal funding, medicaid reimbursement, and health insurance coverage from being used to pay for a prohibited intervention. A person who, as a minor, was subjected to a prohibited intervention may bring a civil action within 20 years after attaining the age of 18 years against the person, health-care provider, or mental health professional who performed or provided the prohibited intervention. The bill requires a regulator to revoke a health-care provider's or mental health professional's license for performing or providing a prohibited intervention. A person who knowingly performs or provides a prohibited intervention commits a class 5 felony, and the court is required to sentence the person to the maximum term of imprisonment and impose the maximum fine.

Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly finds and declares that: (a) Children lack the maturity to make permanent, life-altering medical and psychological decisions;

(b) Medical and mental health interventions that attempt to alter a minor's biological sex are experimental and carry serious, irreversible consequences, including sterility, cognitive impacts, and increased mental health struggles;

(c) European nations, including Sweden, Finland, and the United Kingdom, have halted or severely restricted such interventions due to evidence of harm;

(d) Colorado law already protects children from other life-altering decisions, such as consuming alcohol, smoking, and getting tattoos. The same protections should apply to medical and psychological interventions related to biological sex.

(e) Parents have the fundamental right to guide their child's medical and psychological care without coercion from governmental agencies, schools, or medical professionals.

SECTION 2. In Colorado Revised Statutes, add 12-30-126 as follows: 12-30-126.

Prohibition on medical and mental health interventions on minors - parental rights - civil remedy - professional license revocation - criminal penalties - severability.

(1) A PERSON, HEALTH-CARE PROVIDER, OR MENTAL HEALTH PROFESSIONAL SHALL NOT KNOWINGLY:

(a) PERFORM SURGERY ON A MINOR WHO IS UNDER EIGHTEEN YEARS OLD, OR PRESCRIBE, ADMINISTER, OR PROVIDE HORMONES OR PUBERTY BLOCKERS TO A MINOR, FOR THE PURPOSE OF ALTERING THE MINOR'S BIOLOGICAL SEX CHARACTERISTICS; OR (b) PROVIDE MENTAL HEALTH THERAPY, PROFESSIONAL COUNSELING, OR REFERRALS THAT PROMOTE OR AFFIRM A MINOR'S BELIEF THAT THE MINOR WAS BORN IN THE WRONG BODY OR THAT THE MINOR NEEDS MEDICAL INTERVENTION TO ADDRESS DISTRESS RELATED TO THE MINOR'S BIOLOGICAL SEX.

(2) THE STATE SHALL NOT INVESTIGATE OR PENALIZE A MINOR'S PARENT, OR TERMINATE THE PARENT'S RIGHTS, FOR REFUSING TO CONSENT TO A MEDICAL OR MENTAL HEALTH INTERVENTION DESCRIBED IN SUBSECTION (1) OF THIS SECTION FOR THE MINOR.

A PUBLIC SCHOOL, HEALTH-CARE PROVIDER, OR GOVERNMENTAL ENTITY SHALL NOT WITHHOLD INFORMATION FROM A MINOR'S PARENT REGARDING THE MINOR'S EXPRESS DESIRE TO TRANSITION THE MINOR'S BIOLOGICAL SEX.

(4) STATE OR FEDERAL FUNDING, MEDICAID REIMBURSEMENT, AND HEALTH INSURANCE COVERAGE MUST NOT BE USED TO PAY FOR A PROHIBITED MEDICAL OR MENTAL HEALTH INTERVENTION DESCRIBED IN SUBSECTION (1) OF THIS SECTION.

(5) A PERSON WHO, AS A MINOR, WAS SUBJECTED, ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, TO A PROHIBITED MEDICAL OR MENTAL HEALTH INTERVENTION DESCRIBED IN SUBSECTION (1) OF THIS SECTION MAY BRING A CIVIL ACTION AGAINST THE PERSON, HEALTH-CARE PROVIDER, OR MENTAL HEALTH PROFESSIONAL WHO PERFORMED OR PROVIDED NOTWITHSTANDING ARTICLES 80 AND 81 OF TITLE 13 TO THE CONTRARY, THE PERSON MAY COMMENCE THE ACTION WITHIN TWENTY YEARS AFTER ATTAINING THE AGE OF EIGHTEEN YEARS.

THE MEDICAL OR HEALTH - CARE INTERVENTION .

(6) A REGULATOR SHALL REVOKE A HEALTH-CARE PROVIDER'S OR MENTAL HEALTH PROFESSIONAL'S LICENSE FOR VIOLATING THIS SECTION AND SHALL NOT REINSTATE THE LICENSE.

(7) A PERSON WHO KNOWINGLY VIOLATES THIS SECTION COMMITS A CLASS 5 FELONY. THE COURT SHALL SENTENCE A PERSON CONVICTED OF VIOLATING THIS SECTION TO THE MAXIMUM TERM OF IMPRISONMENT AND IMPOSE THE MAXIMUM FINE SET FORTH IN SECTION 18-1.3-401.

(8) IF ANY PROVISION OF THIS SECTION OR THE APPLICATION OF THIS SECTION TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THE SECTION THAT CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO THIS END THE PROVISIONS OF THIS SECTION ARE DECLARED TO BE SEVERABLE.

SECTION 3.

Applicability. This act applies to offenses committed on or after the effective date of this act.

SECTION 4. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 12, 2026, if adjournment sine die is on May 13, 2026); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.