Sec. 5. (a) As used in this chapter, “gender transition procedures” means any medical or surgical service, including physician‘s services, practitioner‘s services, inpatient and outpatient hospital services, or prescribed drugs related to gender transition, that seeks to:

(1) alter or remove physical or anatomical characteristics or features that are typical for the individual’s sex; or

Terms Used In Indiana Code 25-1-22-5

  • gender: means the psychological, behavioral, social, and cultural aspects of being male or female. See Indiana Code 25-1-22-1
  • gender reassignment surgery: means any medical or surgical service that seeks to surgically alter or remove healthy physical or anatomical characteristics or features that are typical for the individual's sex, in order to instill or create physiological or anatomical characteristics that resemble a sex different from the individual's sex, including genital gender reassignment surgery or nongenital gender reassignment surgery knowingly performed for the purpose of assisting an individual with a gender transition. See Indiana Code 25-1-22-2
  • gender transition: means the process in which an individual shifts from identifying with and living as a gender that corresponds to his or her sex to identifying with and living as a gender different from his or her sex, and may involve social, legal, or physical changes. See Indiana Code 25-1-22-3
  • gender transition procedures: means any medical or surgical service, including physician's services, practitioner's services, inpatient and outpatient hospital services, or prescribed drugs related to gender transition, that seeks to:

    Indiana Code 25-1-22-5

  • nongenital gender reassignment surgery: means medical procedures knowingly performed for the purpose of assisting an individual with a gender transition, including the following:

    Indiana Code 25-1-22-8

  • physician: means an individual who is licensed under Indiana Code 25-1-22-9
  • practitioner: means an individual who provides health services and holds:

    Indiana Code 25-1-22-10

  • puberty blocking drugs: means :

    Indiana Code 25-1-22-11

  • sex: means the biological state of being male or female, based on the individual's sex organs, chromosomes, and endogenous hormone profiles. See Indiana Code 25-1-22-12
(2) instill or create physiological or anatomical characteristics that resemble a sex different from the individual’s sex, including medical services that provide puberty blocking drugs, gender transition hormone therapy, or genital gender reassignment surgery or nongenital gender reassignment surgery knowingly performed for the purpose of assisting an individual with a gender transition.

     (b) The term does not include the following:

(1) Medical or surgical services to an individual born with a medically verifiable disorder of sex development, including an individual with:

(A) external sex characteristics that are irresolvably ambiguous;

(B) forty-six (46) XX chromosomes with virilization;

(C) forty-six (46) XY chromosomes with undervirilization; or

(D) both ovarian and testicular tissue.

(2) Medical or surgical services provided when a physician or practitioner has diagnosed a disorder or condition of sexual development that the physician or practitioner has determined through genetic or biochemical testing that the individual does not have normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action.

(3) The treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of gender transition procedures.

(4) Any medical or surgical service undertaken because the individual suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician or practitioner, place the individual in imminent danger of death or impairment of major bodily function unless the medical or surgical service is performed.

(5) Mental health or social services other than gender transition procedures as defined in subsection (a).

(6) Services for a disorder or condition of sexual development that is unrelated to a diagnosis of gender dysphoria or gender identity disorder.

As added by P.L.10-2023, SEC.1.