26B-1-239.  Systematic medical evidence review of hormonal transgender treatments.

(1)  As used in this section, “hormonal transgender treatment” means the same as that term is defined in Section 58-1-603.

Terms Used In Utah Code 26B-1-239

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(2)  The department, in consultation with the Division of Professional Licensing created in Section 58-1-103, the Physicians Licensing Board created in Section 58-67-201, the Osteopathic Physician and Surgeon’s Licensing Board created in Section 58-68-201, the University of Utah, and a non-profit hospital system with multiple hospitals in Utah and experience in specialty pediatric care, shall conduct a systematic medical evidence review regarding the provision of hormonal transgender treatments to minors.

(3)  The purpose of the systematic medical evidence review is to provide the Legislature with recommendations to consider when deciding whether to lift the moratorium described in Section 58-1-603.1.

(4)  The systematic medical evidence review shall:

(a)  analyze hormonal transgender treatments that are prescribed to a minor with gender dysphoria, including:

(i)  analyzing any effects and side effects of the treatment; and

(ii)  whether each treatment has been approved by the federal Food and Drug Administration to treat gender dysphoria;

(b)  review the scientific literature regarding hormonal transgender treatments in minors, including short-term and long-term impacts, literature from other countries, and rates of desistence and time to desistence where applicable;

(c)  review the quality of evidence cited in any scientific literature including to analyze and report on the quality of the data based on techniques such as peer review, selection bias, self-selection bias, randomization, sample size, and other applicable best research practices;

(d)  include high quality clinical research assessing the short-term and long-term benefits and harms of hormonal transgender treatments prescribed to minors with gender dysphoria and the short-term and long-term benefits and harms of interrupting the natural puberty and development processes of the child;

(e)  specify the conditions under which the department recommends that a treatment not be permitted;

(f)  recommend what information a minor and the minor’s parent should understand before consenting to a hormonal transgender treatment;

(g)  recommend the best practices a health care provider should follow to provide the information described in Subsection (4)(f);

(h)  describe the assumptions and value determinations used to reach a recommendation; and

(i)  include any other information the department, in consultation with the entities described in Subsection (2), determines would assist the Legislature in enacting legislation related to the provision of hormonal transgender treatment to minors.

(5)  Upon the completion of the systematic medical evidence review, the department shall provide the systematic medical evidence review to the Health and Human Services Interim Committee.

Enacted by Chapter 2, 2023 General Session

Technically renumbered to avoid duplication of newly enacted Chapter also in SB 38, Chapter 305.