Amends TCA Title 1; Title 4; Title 33; Title 56; Title 63; Title 68 and Title 71.

RIGHT TO EFFECTIVE CARE This bill prohibits a county or municipality, including a metropolitan government, from prohibiting the provision of mental health therapy to help a minor address an inconsistency between the minor's sex and minor's perceived gender or perceived sex. This bill prohibits a county or municipality, including a metropolitan government, from preventing a parent or legal guardian from consenting to, or withholding consent from, the provision of mental health therapy to help a minor address an inconsistency between the minor's sex and the minor's perceived gender or perceived sex. If a gender clinic uses funds provided by this state to directly or indirectly provide or pay for gender transition procedures, then this bill requires the gender clinic to agree to provide or pay for the performance of detransition procedures as a condition of receiving such funds. For purposes of this bill, "detransition procedures" means treatment, including mental health treatment, medical interventions, and surgeries that stop, reverse, or help an individual cope with the effects of a gender transition procedure due to the resolution of any inconsistency between the individual's sex and the individual's perceived sex or perceived gender. RIGHT TO PUBLIC TRANSPARENCY This bill requires a gender clinic operating in this state to report statistics regarding all gender transition procedures to the department of health ("department") on a form provided by the department. The department must develop a form for reporting and determine the statistics to be reported, which must include: (1) The date on which the gender transition procedure was prescribed or the referral was made for the gender transition procedure; (2) The age and sex of the person for whom the gender transition procedure was prescribed or the gender transition procedure referral was made; (3) For a drug prescribed as part of a gender transition procedure: (i) the name of the drug; (ii) the dosage of the drug; (iii) the dosage frequency and duration; and (iv) the method by which the drug will be administered; (4) For a surgical procedure provided or a referral made for a surgical procedure as part of a gender transition procedure, the type of surgical procedure identified by the current procedural terminology (CPT) code; (5) The state and county of residence of the person receiving the gender transition procedure; (6) The name, contact information, and medical specialty of the healthcare professional who prescribed the gender transition procedure or made the referral for the gender transition procedure; and (7) A list of any diagnoses that the person receiving or referred for a gender transition procedure has received of neurological, behavioral, or mental health conditions. This bill requires that the form developed by the department must be (i) completed by each gender clinic at which a gender transition procedure is prescribed or a referral is made for a gender transition procedure; (ii) signed by the healthcare professional who prescribes the gender transition procedure or makes a referral for a gender transition procedure; and (iii) transmitted by the gender clinic to the department no later than 15 days after the end of the calendar month during which the gender transition procedure was prescribed or the referral was made. However, this bill prohibits forms required under this bill from containing individually identifiable health information as defined in federal regulations. This bill requires the department to submit a comprehensive annual statistical report by December 31, 2024, and by December 31 of each year thereafter, to the speaker of the senate, the speaker of the house of representatives, and the legislative librarian based on all data obtained from forms required by this bill. This bill requires the department to make the statistical report available to the public on the department's public website in a downloadable format. This bill requires a healthcare professional to comply with this bill, and if the healthcare professional fails to comply with this bill, then: (1) The healthcare professional has engaged in unprofessional conduct and is subject to discipline by the appropriate licensing entity or disciplinary review board with competent jurisdiction in this state. Disciplinary action must include suspension of the ability to administer health care or practice medicine for at least six months; and (2) The gender clinic where the healthcare professional is employed must pay a civil fine not to exceed $150,000. This bill authorizes the attorney general to investigate a potential violation, seek production of documents or testimony through a civil investigative demand, and bring an action to enforce compliance. RIGHT TO INSURANCE COVERAGE This bill requires that if an insurance policy issued, renewed, or amended in this state includes coverage for gender transition procedures, then the policy must also include coverage for detransition procedures. This bill requires an entity providing insurance coverage for detransition procedures to provide statistics regarding insurance claims for detransition procedures in this state to the department on a form provided by the department. This bill requires the department to develop a form for the reporting and determine the statistics to be reported, which must include: (i) the number of insurance claims made for detransition procedures; (ii) the age and sex of an individual receiving a detransition procedure; (iii) if known, the date that the individual initially began a gender transition procedure; and (iv) the state and county of residence of the person receiving the gender transition procedure. This bill requires the entity providing insurance coverage to transmit the form to the department no later than 15 days after the end of the calendar month during which a claim for the gender transition procedure was approved. This bill prohibits reporting forms required under this bill from containing individually identifiable health information as defined in federal regulations. This bill requires the department to submit a comprehensive annual statistical report by December 31, 2024, and by December 31 of each year thereafter, to the speaker of the senate, the speaker of the house of representatives, and the legislative librarian based on all data obtained from forms required by this bill. The department must make the statistical report available to the public on the department's public website in a downloadable format. This bill authorizes the attorney general to investigate a potential violation, seek production of documents or testimony through a civil investigative demand, and bring an action to enforce compliance.