House Bill 26-028

This act prohibits physicians, hospitals, and other healthcare professionals from performing non-medically necessary procedures intended to alter the sex characteristics of intersex minors. Procedures performed primarily for cosmetic, social, or gender-assignment purposes must generally be deferred until the individual reaches 18 years of age and can provide informed consent, and parental or guardian consent cannot authorize an otherwise prohibited procedure. The act applies to surgical and medical interventions affecting genital or reproductive anatomy and certain hormonal treatments intended to induce puberty conforming to a specific binary gender before the age of consent.

This act permits procedures on intersex minors when they are medically necessary to prevent an imminent risk to life, prevent serious and irreversible physical harm, or address a condition requiring immediate medical intervention. Medical necessity cannot be based on psychological or social considerations involving gender conformity or assumptions about the child's future preferences. The physician performing the procedure bears the burden of establishing medical necessity, and whenever practicable, an independent physician who is not affiliated with the performing physician must confirm that determination. Hospitals are subject to biennial audits of procedures classified as medically necessary, and parents or guardians must be provided information about independent intersex advocacy and peer-support organizations.

This act provides that intersex individuals may elect to undergo procedures concerning their sex characteristics after reaching age 18 through ordinary informed consent. Medical records concerning an intersex minor's sex characteristics must be preserved for at least 30 years, and the individual is entitled to their complete, unredacted records upon reaching adulthood. Knowingly performing a prohibited procedure constitutes professional misconduct and may result in suspension or revocation of a medical license, administrative fines, and other disciplinary action. Affected individuals may also pursue civil claims for compensatory damages, punitive damages where appropriate, attorney fees and costs, and statutory damages of at least $25,000 per violation. A medical provider who knowingly performs a prohibited procedure commits a class C felony.

This act creates a nine-member Advisory Council on Intersex Healthcare to advise the Department of Health on regulations, clinical guidelines, and medical-necessity standards. The Department must collect anonymized information concerning medically necessary procedures performed on intersex minors and develop educational materials for healthcare professionals addressing intersex care, bodily autonomy, and the potential long-term effects of nonconsensual procedures. The act contains a safety clause and was approved April 30, 2026, taking effect at 12:01 a.m. on May 1, 2026.