Ban on sex change surgery, abortion restrictions approved


Senators on May 19 passed a bill banning “gender-changing” surgeries on minors in Nebraska and banning abortions for 12 weeks.

Senator Kathleen Cowse

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Senator.Catherine Cowse

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Senator Kathleen Cowse

LB574, under the auspices of Omaha Senator Kathleen Coutt, enacts the Let You Grow Act and the Newborn Protection Act.

Effective October 1, 2023, the Let Them Grow Act will prohibit physicians from performing gender reassignment surgery on individuals under the age of 19. This measure authorizes state chief medical officers to enact regulations for nonsurgical gender-change surgery for minors. In Nebraska, this includes hormone therapy and the use of pubertal blockers.

At a minimum, the regulations require that health care professionals “may prescribe approved anti-pubertal drugs and/or heterosexual hormones only if there is a long-standing and severe gender inequality or gender pattern” to patients under the age of 19. I have to. Discomfort that begins or worsens in early puberty.

Other minimum requirements include a minimum number of hours of gender identity-focused therapy and a waiting period for health care professionals to prescribe hormone therapy or puberty blockers after obtaining patient informed consent. increase.

The State Department of Health and Human Services may adopt rules and regulations consistent with those established by the Chief Medical Officer.

LB574 will allow individuals who began receiving gender-affirming care prior to the ban’s effective date to continue treatment.

Physicians who willfully violate the bill’s provisions are subject to review by the state board of medical licensing. Individuals who underwent gender-change surgery under the age of 19, or their parents or guardians, may file a civil suit against a physician within two years of discovery.

The bill prohibits the distribution or use of state funds to any entity, organization, or individual that provides gender-change surgery to minors in Nebraska.

LB574 also includes the Prenatal Child Protection Act, which scales back Nebraska’s current 20-week ban on post-fertilization abortions and instead bans procedures after 12 weeks of gestation. Gestational age calculates pregnancy from the first day of the pregnant individual’s last menstrual cycle, not from the moment of fertilization.

The law includes exceptions for sexual assault, incest and medical emergencies, but fetal anomalies (diagnosed prenatally, untreatable, and with reasonable certainty before the age of 3). defined as the death of the fetus) is not included. A few months.

The bill would exclude from the definition of abortion:
• Removal of ectopic pregnancy.
• Removal of the remains of a fetus that has already died.
• Actions intended to save the life of an unborn child or to preserve the health of an unborn child.and
• Death or loss of life of a fetus not carried into the individual’s body during in vitro fertilization or other assisted reproductive practices.

Health care providers who violate the bill’s provisions can have their medical licenses revoked.

After two hours of discussion at the final reading on motions to remand the bill and select files for consideration of certain amendments, Mr. Kaus introduced a motion to invoke the cloture, thereby ending the discussion. , the bill is forced to pass. The motion was passed by 33 to 15. 33 votes were needed.

LB574 then passed the vote by 33 to 15, effective immediately.

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