Legislature(2023 - 2024)GRUENBERG 120
04/15/2024 01:00 PM House JUDICIARY
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Audio | Topic |
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Start | |
HB386 | |
HB105 | |
HB338 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+ | HB 386 | TELECONFERENCED | |
*+ | HB 338 | TELECONFERENCED | |
+ | HB 105 | TELECONFERENCED | |
+ | TELECONFERENCED |
HB 338-PHYS LBLTY: GENDER TRANS PROCEDURE;MINORS 2:19:19 PM CHAIR VANCE announced that the final order of business would be HOUSE BILL NO. 338, "An Act relating to physician liability for gender transition procedures performed on minors; and providing for an effective date." 2:19:45 PM REPRESENTATIVE ALLARD, prime sponsor, presented HB 338. She shared the sponsor statement [included in the committee packet], which read as follows [original punctuation provided]: An alarming number of adults who received gender transition treatments or surgeries as children have regretted those decisions. Over the last few years, many European countries have adopted more restrictions and started to reconsider the use of these treatments provided to minors. House Bill 338 (HB338) amends Alaska's Code of Civil Procedure by allowing recovery of damages against physicians who perform a procedure on minors that result in injury. Some of these surgical procedures are irreversible. HB338 focuses on the importance of rigorous medical oversight and informed consent. An action brought under this section must begin or start within 20 years after the accrual of the cause of action. HB338 is a necessary step towards safeguarding the well-being of children. It ensures that the medical community in Alaska adheres to the highest standards of care and that families can make well-informed decisions. 2:21:20 PM REPRESENTATIVE ALLARD presented the sectional analysis for HB 338 [included in the committee packet], which read as follows [original punctuation provided]: Section 1: This section amends the Alaska Code of Civil Procedure, AS 09.10.055(b), by adding a new exception to allow recovery of damages under Section 3, which relates to gender transition procedures performed on minors. Section 2: This section amends AS 09.55.549(f), which deals with the limitation on noneconomic damages in certain cases. The amendment specifies that the limitation does not apply if the damages resulted from reckless or intentional misconduct or from an action brought under the newly proposed Section 3. Section 3: This section adds AS 09.65.175 to establish claims for recovery of damages against a physician for any injury or condition suffered by the procedure. The action must be commenced within 20 years after the accrual of the cause of action. Section 4: This section specifies that the Act takes effect immediately. REPRESENTATIVE ALLARD noted that she had reached out to numerous statewide experts who are in support of the bill; however, they said that the Alaska State Medical Board had threatened to revoke their licenses during the COVID-19 Pandemic and felt that they could be targeted for coming forward. CHAIR VANCE opened invited testimony. 2:23:34 PM STEPHANIE WINN, representing self, gave invited testimony during the hearing on HB 338. She informed the committee that she is a licensed marriage and family therapist in the state of Oregon but is testifying on her own behalf in favor of the bill. As a left leaning therapist who was once trained to provide gender affirming care, she said she began to pivot the moment she realized that people were being harmed by this approach. She said she recognized that it was her ethical duty to listen to "detransitioners" and those with painful regrets and complications from drugs and surgeries that do not deserve to be called experimental. She added that countless colleagues share her concerns, whether publicly vocal or not. Since she first began to change her stance in 2020, an abundance of evidence has emerged supporting this position, including the publication of numerous books, peer reviewed articles, and systematic evidence reviews. She added that more whistleblowers have sounded the alarm, and European countries have changed trajectories, recommending a cautious attitude that provides therapy before life altering medical procedures, and prioritizes the lifelong health span of the patient. She opined that in 2024, physicians have no excuse for eschewing reasonable caution, dismissing testimonies of harmed and aggrieved parents, abandoning the Hippocratic principle of nonmaleficence in medicine, and disregarding the growing body of evidence that pediatric sex trait modification is the most unconscionable medical scandal of this time. She stated that HB 338 ensures justice for patients and families who have been harmed by unscrupulous doctors who have the hubris to ignore their conscience as well as the evidence. She opined that medical professionals should take well established facts about well-established psychology into account and decline to provide treatments that are likely to do more harm than good in the long run. She proceeded to list the potential physical consequences of sex trait modification procedures. 2:27:52 PM IVAN ABDOUCH, PhD, representing self, retired associate professor emeritus at the University of Nebraska Medical Center, gave invited testimony during the hearing on HB 338. He acknowledged that people on all sides of this issue want what's best for these kids; however, they disagree on what's best: medicate and operate, or wait until adulthood. He agreed with the latter. He shared that he had come before the committee to offer his perspective after 30 years in the business, which says that medical and surgical gender transition in children and adolescents should never be done. He made clear the following misconception: medical and surgical treatment is for gender dysphoria, not to address the transgender state per se. He requested that the committee members keep the following three facts in the forefront of their deliberation: there are not current, generally accepted standards of care; no one can determine with certainty the gender trajectory of a child or adolescent for their lifetime; the danger of that incorrect selection is amplified by the fact that treatment effects are irreversible, and the unwanted effects are lifelong. He urged policy makers to ask and answer the following question: What is an acceptable number or children who experience irreversible harm of lifelong effects due to erroneous medical or surgical management? He submitted that the least unsafe management is counseling by a competent therapist. He said please don't let misdirected beliefs supersede safety. 2:32:00 PM ARII DEWOLF, representing self, public policy professional, gave invited testimony during the hearing on HB 338. He shared his background as a gay, half black, Jewish conservative, adding that "[his] story is America's story." He commented on the removal of the human individual in medicine. He expressed concern that big politics and big money have joined forces to undermine the rights of individual Americans who are ascending in the next generation. He opined that people cannot discover who they are when there is a pipeline into medicalization, pharmaceuticals, and surgical interventions. He emphasized the importance of remembering why this country was founded, the principles of the individual, and common sense. 2:36:24 PM MATT SHARP, Senior Counsel, Alliance Defending Freedom, gave invited testimony during the hearing on HB 338. He noted that the Alliance Defending Freedom serves as co-counsel with the State of Alabama, defending its law that protects children from dangerous gender transition drugs and surgeries. Children who experience discomfort with their biologicals sex need access to compassionate, effective mental healthcare, he said. However, activists and profit driven gender clinics have deceived children and parents alike into believing that unnatural, life altering, and even permanently sterilizing puberty blockers, hormones and surgeries are the solution to their struggle. He pointed out that laws have long protected children from things that society has deemed harmful, or that a child lacks the maturity and experience to handle. He questioned how a child that lacks the maturity to sign a contract, vote, purchase alcohol, or get a tattoo could be mature enough to consent to experimental, potentially irreversible medical procedures that can lead to permanent sterilization. He added that court rulings have held that states have a compelling interest in protecting the physical and psychological wellbeing of minors. As a result, Alaska can limit the freedom of children to choose for themselves in making important, affirmative choices with potentially serious consequences. He cited research that swayed England's national health service, along with health authorities in Sweden and Finland, to stop using puberty blockers and hormones to treat gender dysphoric youth in clinical settings. Based on this evidence, he reported that 24 states have enacted laws like HB 338 to protect children from these practices. Instead, they are prioritizing counseling and therapy for children who express distress over their biological sex. He referenced recent decisions by appellate courts, as well as the U.S. Supreme Court, that allow these laws to be upheld to protect children's health and safety. 2:42:11 PM REPRESENTATIVE ALLARD noted that none of the invited testifiers had been paid to share these opinions. CHAIR VANCE sought questions from committee members. 2:42:52 PM REPRESENTATIVE GRAY asked whether the testifiers had met any happy transgender ("trans") children who do not regret their decisions. 2:43:59 PM DR. ABDOUCH cautioned against using the term "transgender" because it's hard to know with certainty whether a child is transgender and/or gender dysphoric. He added that he had seen many children that were dissatisfied or regretful over their decisions. MS. WINN noted that she lives in Portland where there is a "showiness" about trans pride. she questioned whether there is evidence that any transient feelings of joy, happiness, or euphoria some of which could be placebo or the effect of mood- altering substances outweigh the impact of lost fertility, increased risk of cardiovascular disease, cancer, Alzheimer's, dementia, the inability to have children, and a greatly reduced dating pool. She added that as a therapist, she must think beyond face value to the long-term developmental trajectory of the individual. MR. DEWOLF said he had transsexual family members and friends who are no longer [alive], whether by lifestyle or what happened to their bodies. He shared that a gender clinic is being built to help people who have experienced harm because there are enough that have been harmed by it. MR. SHARP responded that ultimately, subjective feelings are not what the legislature looks at. Instead, he urged the legislature to consider evidence and other systematic reviews in deciding the best policies for Alaska. 2:49:18 PM REPRESENTATIVE CARPENTER asked whether it's the gender reassignment procedure or the opinion of the medical professional that puts the child at risk. DR. ABDOUCH answered, "both." He reflected on his 30-year practice in the transgender world with a multi-disciplinary group of psychologists, psychiatrists, counselors, and allied health people who would not treat anyone under the age of 25. He explained that the procedures carry significant risk beyond the usual surgical risk because it attempts to treat a psychological problem with medical or surgical treatment. MS. WINN commented on the power of the authority held by medical professionals. She agreed that the answer is "both," and acknowledged the emotional weight of a professional endorsing a specific treatment. DR. ABDOUCH advised using the terms "trans" and "experimental treatment" with caution, opting instead for "untested." 2:55:08 PM REPRESENTATIVE SUMNER shared his understanding that a small percentage of babies are born hermaphroditic or with a significant genital malformation. He asked whether treating those [anatomic distortions] would fall under gender transition procedure or whether it would be classified as some other medical procedure. REPRESENTATIVE ALLARD said that is not included in the bill and shared her understanding that those [distortions] are very rare. MR. ABDOUCH clarified that anatomic distortions are an entirely different conversation. 2:56:46 PM MS. WINN informed the committee that she had met with many people with sexual development disorders. She emphasized that the disordered sexual development (DSD) community is not thrilled about being brought into this discussion. CHAIR VANCE sought closing comments from the bill sponsor. 2:58:22 PM REPRESENTATIVE ALLARD stated that children are not meant for unintended body mutilation. She opined that anyone who pushes for their children to have breasts or genitalia cut off, or given hormone blockers, should be held accountable. She characterized the procedures as child abuse worthy of criminal charges. CHAIR VANCE announced that HB 183 would be held over.
Document Name | Date/Time | Subjects |
---|---|---|
HB 386 - Transmittal Letter v.A.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 386 |
HB 386 - v.A.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 386 |
HB 386 - Sectional Analysis v.A.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 386 |
HB 386 - Highlights v.A.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 386 |
HB 338 - Sponsor Statement 4.2.24.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 338 |
HB 338 - v.A.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 338 |
HB 338 Sectional Analysis 4.2.24.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 338 |
HB 338 - Zero Fiscal Impact Statement.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 338 |
CSHB 105 - Sponsor Statement Parental Rights TL House.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 105 |
CSHB 105 - v.S.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 105 |
CSHB 105 - (EDC) Sectional Analysis.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 105 |
CSHB 105 - (EDC) Summary of Changes.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 105 |
CSHB 105 - (EDC)-EED-PEF-4-27-23.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 105 |
CSHB 105 - (EDC)-EED-FP-4-27-23.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 105 |
HB 105 - Proposed CS v.O.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 105 |
HB 386 - PowerPoint Presentation.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 386 |
Judiciary CS to HB 105 - Sectional Analysis.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 105 |
HB 338 - Supporting Documents.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 338 |
CSHB 105 - Sectional Analysis v.O.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 105 |