Senate Bill 2760

AN ACT TO ENACT THE MISSISSIPPI HELP NOT HARM ACT; TO CREATE NEW SECTION 11-77-1, MISSISSIPPI CODE OF 1972, TO DEFINE TERMS; TO CREATE NEW SECTION 11-77-3, MISSISSIPPI CODE OF 1972, TO PROHIBIT ANY PERSON FROM KNOWINGLY PERFORMING OR PROVIDING GENDER REASSIGNMENT SURGERY OR SERVICES TO A MINOR; TO PROHIBIT ANY PERSON FROM KNOWINGLY ENGAGING IN CONDUCT THAT AIDS OR ABETS IN GENDER REASSIGNMENT SURGERY OR SERVICES BEING PERFORMED ON OR PROVIDED TO A MINOR; TO PROVIDE THAT ANY LICENSED MEDICAL PROFESSIONAL, INCLUDING, BUT NOT LIMITED TO, A PHYSICIAN, OSTEOPATH, PHYSICIAN ASSISTANT, NURSE PRACTITIONER OR NURSE WHO PERFORMS OR PROVIDES GENDER REASSIGNMENT SURGERY OR SERVICES TO A MINOR SHALL HAVE THEIR LICENSE REVOKED; TO PROVIDE A PRIVATE CAUSE OF ACTION AGAINST A PHYSICIAN, OSTEOPATH, HOSPITAL, PRESCRIBING CAREGIVER, CLINIC OR ANY OTHER HEALTH CARE FACILITY FOR INJURIES ARISING OUT OF THE COURSE OF MEDICAL, SURGICAL OR OTHER PROFESSIONAL SERVICES RELATED TO THE PERFORMANCE OF GENDER REASSIGNMENT SURGERY OR SERVICES; TO PROVIDE THAT THIS CLAIM MUST BE BROUGHT WITHIN 30 YEARS FROM THE DATE THE ALLEGED ACT OCCURRED; TO PROVIDE THAT THE ATTORNEY GENERAL MAY BRING AN ACTION TO ENFORCE COMPLIANCE WITH THE ACT; TO PROVIDE CERTAIN EXCEPTIONS OF THE ACT; TO AMEND SECTION 73-25-29, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; TO AMEND SECTION 73-25-33, MISSISSIPPI CODE OF 1972, TO REVISE PHYSICIAN'S SCOPE OF PRACTICE TO PROVIDE THAT THE PRACTICE OF MEDICINE SHALL NOT MEAN TO KNOWINGLY PROVIDE GENDER REASSIGNMENT SURGERY OR SERVICES FOR MINORS; TO AMEND SECTION 11-46-5, MISSISSIPPI CODE OF 1972, TO ESTABLISH THAT AN EMPLOYEE SHALL NOT BE CONSIDERED AS ACTING WITHIN THE COURSE AND SCOPE OF HIS EMPLOYMENT AND A GOVERNMENTAL ENTITY MAY BE LIABLE OR BE CONSIDERED TO HAVE WAIVED IMMUNITY FOR ANY CONDUCT OF ITS EMPLOYEE IF THE EMPLOYEE'S CONDUCT VIOLATED THE PROVISIONS OF THIS ACT; TO CREATE NEW SECTION 43-13-117.7, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE DIVISION OF MEDICAID FROM REIMBURSING ANY ENTITY FOR PART OR ALL OF THE COSTS OF CARE AND SERVICES RENDERED FOR GENDER REASSIGNMENT SURGERY OR SERVICES; TO CREATE NEW SECTION 83-9-401, MISSISSIPPI CODE OF 1972, TO PROHIBIT HEALTH COVERAGE PLANS THAT ARE FUNDED WHOLLY OR IN PART BY STATE FUNDS OR STATE-EMPLOYEE CONTRIBUTIONS FROM REIMBURSING OR AUTHORIZING PAYMENT OF PART OR ALL OF THE COSTS OF CARE AND SERVICES RENDERED BY ANY ENTITY FOR GENDER REASSIGNMENT SURGERY OR SERVICES; TO AMEND SECTION 11-1-60, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IN ANY CAUSE OF ACTION FILED ON OR AFTER JULY 1, 2023, FOR A CLAIM BROUGHT UNDER SECTION 11-77-3, IN THE EVENT THE TRIER OF FACT FINDS THE DEFENDANT LIABLE, THERE SHALL NOT BE A LIMITATION PLACED ON THE NONECONOMIC DAMAGES AWARD THAT A TRIER OF FACT MAY AWARD TO THE PLAINTIFF; AND FOR RELATED PURPOSES.

In the Senate

• Angela Burks Hill

  Sponsor

l9n doesn't hold this bill's text yet.

In the Senate Jan 16 – Jan 31

1. Jan 16Referred to the Senate committee on Judiciary, Division A
2. Jan 31Died in committee in the Senate