Ark. Code § 16-114-401

Current with legislation from 2024 Fiscal and Special Sessions.
Section 16-114-401 - Definitions

As used in this subchapter:

(1)
(A) "Gender transition procedure" means any medical or surgical service, including without limitation physician's services, inpatient and outpatient hospital services, or prescribed drugs related to gender transition that seeks to:
(i) Alter or remove physical or anatomical characteristics or features that are typical for the individual's biological sex; or
(ii) Instill or create physiological or anatomical characteristics that resemble a sex different from the individual's biological sex, including without limitation medical services that provide puberty-blocking drugs, cross-sex hormones, or other mechanisms to promote the development of feminizing or masculinizing features in the opposite biological sex, or genital or nongenital gender reassignment surgery performed for the purpose of assisting an individual with a gender transition.
(B) "Gender transition procedure" does not include:
(i) Services to persons born with a medically verifiable disorder of sex development, including a person with external biological sex characteristics that are irresolvably ambiguous, such as those born with 46 XX chromosomes with virilization, 46 XY chromosomes with undervirilization, or having both ovarian and testicular tissue;
(ii) Services provided when a physician has otherwise diagnosed a disorder of sexual development that the physician has determined through genetic or biochemical testing that the person does not have normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action;
(iii) The treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of gender transition procedures, whether or not the gender transition procedure was performed in accordance with state and federal law or whether or not funding for the gender transition procedure is permissible under this subchapter; or
(iv) Any procedure undertaken because the individual suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the individual in imminent danger of death or impairment of major bodily function unless surgery is performed;
(2) "Healthcare professional" means the same as defined in § 20-9-1501;
(3) "Mental health professional" means a psychiatrist or psychologist licensed, certified, or otherwise authorized by the laws of this state to administer mental health care in the ordinary course of the practice of his or her profession;
(4) "Minor" means an individual who is younger than eighteen (18) years of age; and
(5) "Public funds" means the same as defined in § 20-9-1501.

Ark. Code § 16-114-401

Added by Act 2023, No. 274,§ 1, eff. 8/1/2023.