Pending Bills Relating to Gender Issues and Birth Certificates

HB 6073 – This bill changes provisions concerning the issuance of new birth certificates for individuals who have undergone gender transition treatment.  It provides that in order to change an individual’s sex designation on the birth certificate, a licensed medical or mental health professional must make a declaration concerning the treatment.  Note that there is no legal intervention indicated here.  HB 6073 requires the licensed medical or mental health professional to sign and date a specified statement.  The bill provides that newly issued birth certificates may reflect a name change if the documents for a name change are submitted, as well.  HB 6073 also changes a reference from “sex change” to “change of sex designation.”  It further provides that following the issuance of a new birth certificate, the individual may request the original certificate and evidence of adoption, paternity, legitimation, or change of sex designation for inspection or certification purposes.  This allows for the possibility that one person has two valid birth certificates, concurrently.
HB 217 – Youth Mental Health Protection: This bill provides that no person or entity may, in the conduct of any trade or commerce, use or employ any deception, fraud, false pretense, false promise, misrepresentation, or the concealment, suppression, or omission of any material fact in advertising or otherwise offering conversion therapy services in a manner that represents homosexuality as a mental disease, disorder, or illness, with intent that others rely upon the concealment, suppression, or omission of such material fact.  The bill provides that violation of the provisions constitutes unlawful practice under the Consumer Fraud and Deceptive Business Practices Act and makes conforming changes within such Consumer Fraud and Deceptive Business Practices Act.  It also states that (i) any sexual orientation change efforts attempted on a person under the age of 18 by a mental health provider may be considered unprofessional conduct, and (ii) mental health providers found to have engaged in a sexual orientation change effort on a patient under the age of 18 may be subject to discipline by the licensing entity or disjoin art review board with competent jurisdiction.  HB 217 has been signed by the Governor and now becomes Public Act 00-0411.

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