AN ACT to repeal the prohibition of gender transition procedures on minors act and the expenditure of state funds on those procedures.

The General Assembly of North Carolina enacts:

part i. repeal prohibition of gender transition procedures

SECTION 1.(a)  Article 1N of Chapter 90 of the General Statutes is repealed.

SECTION 1.(b)  G.S. 143C‑6‑5.5 is repealed.

part ii. gender‑affirming rights act

SECTION 2.  Chapter 90 of the General Statutes is amended by adding a new Article to read:

Article 1O.

Gender‑Affirming Rights Act.

§ 90‑21.160.  Short title.

This Article shall be known and may be cited as the Gender‑Affirming Rights Act.

§ 90‑21.161.  Definitions.

The following definitions apply in this Article:

(1)        Gender‑affirming care. – A service or product that a health care professional prescribes or provides to an individual to support and affirm the individual's gender identity. Gender‑affirming care includes treatment for gender dysphoria. Gender‑affirming treatment can be prescribed to Two Spirit, transgender, nonbinary, and other gender diverse individuals.

(2)        Health care professional. – A professional licensed or certified under this Chapter or Chapter 90B of the General Statutes who provides face‑to‑face health care services or telehealth services to patients in this State.

(3)        LGBTQ. – Individuals who identify as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or question their sexual orientation or gender identity and expression.

§ 90‑21.162.  Gender freedom; fundamental rights; findings.

The North Carolina General Assembly finds the following:

(1)        Every individual has a fundamental right to make autonomous decisions about the individual's own gender and related gender‑affirming health care.

(2)        The North Carolina Constitution guarantees that all persons are created equal, including life, liberty, the enjoyment of the fruits of their own labor, and the pursuit of happiness.

§ 90‑21.163.  Limitation; local governments.

A unit of local government or other political subdivision of the State shall not regulate an individual's right to freely exercise the fundamental rights set forth in this section in a manner that is more restrictive than that set forth in this Article.

§ 90‑21.164.  Health care professional training.

(a)        In addition to any continuing education requirements, health care professionals licensed under this Chapter and Chapter 90B of the General Statutes shall take continuing education or professional development hours of instruction on cultural competency or specialized clinical training focusing on LGBTQ patients.

(b)        The continuing education under this section shall provide, at a minimum, information and skills to enable a health care professional to care effectively and respectfully for LGBTQ patients, including all of the following:

(1)        How to use cultural information and terminology to establish clinical relationships.

(2)        Training that improves the understanding and application, in a clinical setting, of relevant data concerning health disparities and risk factors.

(3)        Training that outlines the legal obligations associated with treatment.

(4)        Best practices for collecting, storing, using, and keeping confidential information regarding sexual orientation and gender identity.

(5)        Best practices for training support staff regarding treatment.

(6)        Training that improves the understanding of the intersections between systems of oppression and discrimination and improves the recognition that LGBTQ patients may experience these systems in varying degrees of intensity.

(7)        Training that addresses underlying cultural biases aimed at improving the provision of nondiscriminatory care for LGBTQ patients.

part iii. Effective date

SECTION 3.  This act is effective when it becomes law.