HB377 (2025) Detail

Relative to health care professionals administering hormone treatments and puberty blockers.


HB 377-FN - AS AMENDED BY THE SENATE

 

27Mar2025... 1083h

06/05/2025   2354s

06/05/2025   2514s

06/05/2025   2621s

 

 

 

2025 SESSION

25-0436

11/05

 

HOUSE BILL 377-FN

 

AN ACT relative to health care professionals administering hormone treatments and puberty blockers and relative to recognizing the second Thursday in October as children's environmental health day.

 

SPONSORS: Rep. Mazur, Hills. 44; Rep. Kofalt, Hills. 32; Rep. Layon, Rock. 13; Rep. Reinfurt, Hills. 29; Rep. Seidel, Hills. 29; Rep. Litchfield, Rock. 32; Rep. J. Aron, Sull. 4; Rep. DeVito, Rock. 8; Rep. Peternel, Carr. 6; Sen. Murphy, Dist 16

 

COMMITTEE: Health, Human Services and Elderly Affairs

 

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AMENDED ANALYSIS

 

This bill:

 

I.  Prohibits the performance of a medical procedure or the prescription or issuance of medication, upon or to a minor child, that is intended to alter the minor child's gender.

 

II.  Establishes the second Thursday in October as children's environmental health day.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

27Mar2025... 1083h

06/05/2025   2354s

06/05/2025   2514s

06/05/2025   2621s 25-0436

11/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Five

 

AN ACT relative to health care professionals administering hormone treatments and puberty blockers and relative to recognizing the second Thursday in October as children's environmental health day.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Short Title.  This act shall be known as the Vulnerable Child Compassion and Protection Act.

2  New Chapter; Prohibiting Medical Procedures and Treatments Intended to Alter a Minor's Gender.  Amend RSA by inserting after chapter 332-M the following new chapter:

CHAPTER 332-N

PROHIBITING MEDICAL PROCEDURES AND TREATMENTS

INTENDED TO ALTER A MINOR'S GENDER

332-N:1  Definitions.  As used in this chapter:

I.  "Biological sex" shall mean the male and female biological sexes.

II.  "Minor" means a person under 18 years of age.

III.  "Person" includes any of the following:

(a)  Any individual.

(b)  Any agent, employee, official, or contractor of any legal entity.

(c)  Any agent, employee, official, or contractor of a school district or the state or any of its political subdivisions or agencies.

332-N:2  Prohibitions for Health Care Providers.

I.  Except as provided in paragraphs II and III, a person shall not knowingly perform or offer to perform on a minor, or administer or offer to administer to a minor, a medical procedure, including but not limited to a puberty-blocking or cross-sex hormone medication, if the performance or administration of the procedure or medication is for the purpose of altering or attempting to alter the appearance of or affirm the minor's perception of his or her gender or sex, if that perception is inconsistent with the minor's biological sex as defined in this chapter:

(a)  Enabling a minor to identify with, or live as, a purported identity inconsistent with the minor's biological sex; or

(b)  Treating purported discomfort or distress from a discordance between the minor's biological sex and asserted identity.

II.  Paragraph I shall not apply to a procedure undertaken to treat a minor born with a medically verifiable disorder of sex development as defined in RSA 332-M:2, II.

III.  Paragraph I shall not apply to health care providers who, prior to January 1, 2026, performed a procedure or prescribed a medication or treatment consistent with paragraph I, and whose further direction or administration of medication or treatment to the minor after January 1, 2026 is related to the original procedure, prescription, or treatment.

IV.  A person who is found to have violated this section by the board of medicine shall be subject to administrative disciplinary action under RSA 310 and shall not be subject to criminal liability.

332-N:3  Private Right of Action.

I.  A minor aggrieved by a violation of this chapter may bring an action in the superior court for damages and injunctive relief against any person who has committed a violation of this chapter.

II.  An individual under 18 years of age may bring an action during their minority through a parent or next friend, or may bring an action in their own name upon reaching majority.  A person shall bring a claim for a violation of this chapter no later than 2 years after the minor aggrieved by violation of this chapter reaches the age of majority.

III.  Notwithstanding any other provision of law, an action under this chapter may be commenced, and relief may be granted, in a judicial proceeding without regard to whether the person commencing the action has sought or exhausted available administrative remedies.

IV.  Notwithstanding RSA 507-E or any other provision of law, the plaintiff may recover damages for all injuries, including but not limited to any costs incurred for any subsequent procedures, therapies, prescriptions, or other treatments related to the unlawful medical procedure or treatment.

V.  In any action or proceeding to enforce a provision of this chapter, a prevailing party who establishes a violation of this chapter shall recover reasonable attorneys’ fees.

VI.(a)  The attorney general shall have authority to bring suit to enforce compliance with this chapter.

(b)  This chapter shall not be construed to deny, impair, or otherwise affect any right or authority of the attorney general, the State of New Hampshire, or any agency, officer, or employee of the state, acting under any law other than this chapter, to institute or intervene in any proceeding.

3  New Section; Children's Environmental Health Day.  Amend RSA 4:13 by inserting after section 4:13-dd the following new section:

4:13-ee  Children's Environmental Health Day.  The governor shall annually issue a proclamation declaring the second Thursday of October as children's environmental health day and shall encourage all cities and towns to properly observe the day in an appropriate manner to raise awareness and educate citizens about the importance of clean air, clean water, safe food, and safe consumer products.

4  Effective Date.  

I.  Sections 1 and 2 of this act shall take effect January 1, 2026.

II.  The remainder of this act shall take effect 60 days after its passage.

 

LBA

25-0436

4/1/25

 

HB 377-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2025-1083h)

 

AN ACT relative to health care professionals administering hormone treatments and puberty blockers.

 

FISCAL IMPACT:  

 

 

Estimated State Impact

 

FY 2025

FY 026

FY 2027

FY 2028

Revenue

$0

$0

$0

$0

Revenue Fund

None

Expenditures*

Indeterminable

Funding Source

General Fund

Appropriations*

$0

$0

$0

$0

Funding Source

None

*Expenditure = Cost of bill            *Appropriation = Authorized funding to cover cost of bill

 

Estimated Political Subdivision Impact

 

FY 2025

FY 2026

FY 2027

FY 2028

County Revenue

$0

$0

$0

$0

County Expenditures

Indeterminable

Local Revenue

$0

$0

$0

$0

Local Expenditures

Indeterminable

 

METHODOLOGY:

This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf

 

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association

 

Amendments

Date Amendment
March 11, 2025 2025-0893h
March 18, 2025 2025-1049h
March 19, 2025 2025-1083h
March 25, 2025 2025-1316h
May 21, 2025 2025-2354s
June 2, 2025 2025-2514s
June 4, 2025 2025-2478s
June 4, 2025 2025-2483s
June 4, 2025 2025-2621s

Links


Date Body Type
March 3, 2025 House Hearing
March 19, 2025 House Exec Session
March 19, 2025 House Floor Vote
April 23, 2025 Senate Hearing
April 23, 2025 Senate Hearing
April 23, 2025 Senate Hearing
June 5, 2025 Senate Floor Vote

Bill Text Revisions

HB377 Revision: 48569 Date: June 7, 2025, 2:48 p.m.
HB377 Revision: 48439 Date: June 4, 2025, 2:54 p.m.
HB377 Revision: 48440 Date: June 4, 2025, 2:54 p.m.
HB377 Revision: 48441 Date: June 4, 2025, 2:53 p.m.
HB377 Revision: 48417 Date: June 2, 2025, 3:15 p.m.
HB377 Revision: 48275 Date: May 21, 2025, 4:15 p.m.
HB377 Revision: 47707 Date: April 1, 2025, 11:40 a.m.
HB377 Revision: 47617 Date: March 25, 2025, 12:53 p.m.
HB377 Revision: 47534 Date: March 19, 2025, 3:03 p.m.
HB377 Revision: 47478 Date: March 18, 2025, 9:01 a.m.
HB377 Revision: 47353 Date: March 11, 2025, 2:12 p.m.
HB377 Revision: 46162 Date: Jan. 7, 2025, 4:21 p.m.

Docket


June 5, 2025: Ought to Pass with Amendments #2025-2354s, and #2025-2514s #2025-2621s, RC 16Y-7N, MA; OT3rdg; 06/05/2025; SJ 15


June 5, 2025: Sen. Ricciardi Floor Amendment # 2025-2621s, AA, VV; 06/05/2025; SJ 15


June 5, 2025: Sen. Rochefort Floor Amendment # 2025-2514s, AA, VV; 06/05/2025; SJ 15


June 5, 2025: Committee Amendment # 2025-2354s, AA, VV; 06/05/2025; SJ 15


May 30, 2025: Signed by Governor Ayotte 05/29/2025; Chapter 51; eff. 07/28/2025


May 23, 2025: Committee Report: Ought to Pass with Amendment # 2025-2354s, 06/05/2025, Vote 3-2; SC 24


April 16, 2025: ==TIME CHANGE== Hearing: 04/23/2025, Room 101, LOB, 09:45 am; SC 18


April 16, 2025: ==ROOM CHANGE== Hearing: 04/23/2025, Room 103, SH, 09:45 am; SC 18


April 14, 2025: Hearing: 04/23/2025, Room 101, LOB, 10:30 am; SC 18


March 28, 2025: Introduced 03/27/2025 and Referred to Health and Human Services; SJ 10


March 27, 2025: Ought to Pass with Amendment 2025-1083h: MA RC 197-167 03/27/2025 HJ 11 P. 42


March 27, 2025: Previous Question MF RC 177-194 HJ 11 P. 40


March 27, 2025: FLAM # 2025-1316h (Rep. Weber): AF RC 168-203 03/27/2025 HJ 11 P. 37


March 27, 2025: Amendment # 2025-1083h: AA DV 350-4 03/27/2025 HJ 11 P. 36


March 19, 2025: Minority Committee Report: Inexpedient to Legislate


March 19, 2025: Majority Committee Report: Ought to Pass with Amendment # 2025-1083h 03/19/2025 (Vote 10-8; RC) HC 17 P. 58


March 13, 2025: Executive Session: 03/19/2025 09:30 am LOB 201


Feb. 25, 2025: Public Hearing: 03/03/2025 09:30 am LOB 306-308


Jan. 8, 2025: Introduced 01/08/2025 and referred to Health, Human Services and Elderly Affairs HJ 2 P. 17