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Minutes for SB233 - Committee on Public Health and Welfare

Short Title

Creating a civil cause of action against a physician who performs childhood gender reassignment service and requiring revocation of a physician's license who peforms childhood gender reassignment service.

Minutes Content for Tue, Feb 14, 2023

Chairperson Gossage opened the hearing on SB233. This hearing was previously scheduled to hear SB12 but was changed to SB233. Any testimony that was received for SB12 applies also to SB233.

Jenna Moyer, Staff Revisor gave an overview of SB233. (Attachment 1)

Chloe Cole gave proponent testimony  for SB233 telling her story of being a de-transitioned 18 year old women from California, who went through the process of medical transition between the ages of 12-16. The three main interventions she was given were puberty blocks, testosterone, starting at 13, and a double mastectomy at 15. She was treated negligently by her healthcare provider but the biggest failure made was encouraging and allowing her to medically transition as a child in the first place. She has suffered a multitude of complications from the blockers, cross sex hormones, and surgery. Her quality of life is still being impacted to this day. Her parents were shocked when she first told them she wanted to be a boy. They wanted her to be comfortable, but were not okay beyond cutting her hair or dressing like a boy. When they expressed this to the doctors, their concerns were dismissed and they were lied to. They were told if she was not affirmed in her identity and decision to transition, it was likely that she would commit suicide. They were not given any other decision. She said legislative intervention will protect other children and families from medical experimentation and defend the greatest right that children have to the right to grow up into healthy adults who are able to live fulfilling lies. (Attachment 2)

Prisha Mosley testified in support of SB233. Prisha was 15 years old when she learned about gender ideology from the trans community. At 17, she was being medicalized with a high dose of testosterone. Once year later her healthy breasts were cut off. Taking cross sex hormones and removing her breasts did not relieve her of her suicidal ideation. It actually made things worse. She needed trauma therapy but was fast tracked to transition. Her doctors have abandoned her and she is left alone with a ruined endocrine system, sexual dysfunction, and chronic pain. She closed her testimony by saying if you medically transition, you will be on the medical leash for life. (Attachment 3)

Arthur Schaper testified as the Field Director for MassResistance an international pro-family group. They are particularly alarmed by the growing craze across the United State, and the world, to allow destructive, harmful procedure on children to "change their sex" because the child is suffering from gender dysphoria. He said the facts are evident from a growing body of research that although children may experiment with pretending to be the sex that they were not born to be, they end up growing out of that phrase of life and become comfortable with their natal sex. Parents, adults, and agencies (including government agencies) have a duty to reflect reality to everyone, especially to children. Just because a child "feels" a certain way does not mean that authority figures should capitulate to children's fantasies. He said this is all about money and not the well-being of the children. (Attachment 4)

John McDermott, in his proponent testimony, said as the parent of 5 adult children, plus having had foster children beginning in 1990, and as a pastor with involvement with "Called to Greatness", he has had an enormous amount of engagement in many different ways with the youth in his community from all different age groups and socio-economic and racial backgrounds. He is deeply concerned about a false narrative cascading down upon vulnerable young boys and girls, to such a degree that the Kansas Legislature is needed to protect their future by enacting this Bill into Law. A law that would protect their youthful vulnerabilities before they would decide to make irreversible, life altering, health risking decisions. (Attachment 5)

Dr. Gaylin Perry testified in support of SB233. She said, while other countries are closing their gender affirming care clinics, the United States are doubling down. She quoted WPATH "World Professional Association for Transgender Health", an international, multidisciplinary, professional association whose mission is to promote evidence-based care and clinical practice guidelines for transgender and gender diverse people. Examples of quotes taken from WPATH speak for themselves. There is absolutely no reason why Kansans should support harmful medical care for those vulnerable patients in Kansas. (Attachment 6)

Festus Krebs, III, MD spoke as a proponent of SB233. He said, as a surgical intern in the 1980's in California he saw a number patients in extreme emotional and psychological distress, who had mutilated or missing sex organs. An older surgeon explained that years ago the very progressive state had passed legislation funding for free sex-change operations and hormonal therapies. These patients were completely miserable and maladjusted in society, with skyrocketing suicides and self-harm episodes. Many years later, a 2021 30-year retrospective study from Sweden found that compared to normal controls, sex-change patients had three times the mortality rate, 19 times the suicide rate, three times the rate of psychiatric inpatients care and a higher risk for criminal convictions. He said please learn from our painful California experiences of the 70's and pass SB233 so we don't have to repeat the sex-change disasters. (Attachment 7)

Dr. Dena Hubbard testified as an opponent of SB233. She said the Kansas Chapter American Academy of Pediatrics (KAAP)  has the fundamental goal that all children and adolescents in Kansas have the opportunity to grow safe and strong. The KAAP recommends that transgender and gender-diverse youth (TGD) have access to comprehensive, gender-affirming, and developmentally appropriate health care that is provided in a safe and inclusive clinical space. Gender is a complex issue, medically and socially, and this legislation does not require a perfect understanding about what it means to be transgender. She said that this legislation would negatively impact and discriminate against both transgender and intersex youth in Kansas and they strongly oppose SB233. (Attachment 8)

D.C. Hiegert spoke in opposition of SB233. He said the ACLU of Kansas stands strongly opposed to SB233. Not only does SB233 violate the constitutional rights of Kansas children, young adults, their parents, and their doctors, - it poses an unprecedented threat to Kansas parents and families. By criminalizing all gender-affirming healthcare for Kansans under 21 years old, SB233 far exceeds the appropriate government regulation of medicine and bans the only evidence-based healthcare options available to young Kansans experiencing gender dysphoria.  (Attachment 9)

Adam Kellogg is an opponent of SB233 as a transgender man. He shared his story of transitioning starting at age 13, when he first started receiving hormone blockers. Breast removal followed and then testosterone injections. He said young people like him deserve access to treatments that they, their doctors, therapists, and families deem appropriate for their lives and their journeys.       (Attachment 10)

Amanda Mogoi is an opponent of SB233. As the co-owner of M-Care Healthcare LLC she provides care to over 800 gender diverse individuals including people that would be directly impacted by this bill. As a medical provider, she understands that bodily autonomy, self-determination, and respecting human dignity is imperative to providing quality care. The ability for a transgender person to speak for themselves and affirm their own identity is imperative. She cannot speak for the transgender community as she does not share their lived experience, however her experience providing care for the community and her medical expertise validates the need for her testimony to be heard in opposition to SB233. (Attachment 11)

Reverend Caela Simmons Wood is opposed to SB233 and said it cannot become a reality in Kansas. Kansas youth and their families deserve every opportunity to receive the healthcare they need, and medical professionals deserve to provide medically necessary care without fear of criminal prosecution. (Attachment 12)

Beth Oller testified as an opponent to SB233. She stated that physicians take an oath to do no harm. Making blanket rules does harm, and keeping physicians from having a true doctor/patient relationship where they can treat their patients properly within their scope of practice and expertise does harm. She said she knows that the person who best knows her patient is her patient. (Attachment 13)

They took questions from committee members.

Proponent, written only testimony was submitted by:

Senator Mike Thompson (Attachment 14)

Dr. Roy Eappen (Attachment 15)

Quentin Van Meter, M.D. (Attachment 16)

Debbie Detmer, Private Citizen (Attachment 17)

Phillip Crosby, American Family Action of Kansas and Missouri (Attachment 18)

William Mize, Attorney (Attachment 19)

Karen Hershey, Private Citizen (Attachment 20)

Kathy Brown, Esq. (Attachment 21)

Lauren Shiffman, Private Citizen (Attachment 22)

Susan Cary, Private Citizen (Attachment 23)

Shari Hobbs, Private Citizen (Attachment 24

Robin Goodspeed, Private Citizen (Attachment 25)

Paul Bauer, MD (Attachment 26)

Rachel Price, Private Citizen (Attachment 27)

Mei Upsdell, Private Citizen, (Attachment 28)

Kathryn Andries, Private Citizen (Attachment 29)

Connie Newcome, Private Citizen (Attachment 30)

Brenda Smart, Private Citizen (Attachment 31)

Beverly and Tom Hoskins, Private Citizens (Attachment 32)

Beth Regehr, Private Citizen (Attachment33)

Elizabeth Groff, Private Citizen (Attachment 34)

Kari Sue Vosburgh, Private Citizen (Attachment 35)

Robert Hoogland, Private Citizen (Attachment 36)

Linda Highland, Private Citizen (Attachment 37)

Debbie Mize, Private Citizen (Attachment 38)

Roger Lomshek, Private Citizen (Attachment 39)

Peggy Mast, Private Citizen (Attachment 40)

Jennifer Kohn, Private Citizen, (Attachment 41)

Kelsey Harkness, Private Citizen (Attachment 42)

Shelby, Private Citizen (Attachment 43)

Jeff Tooley, Private Citizen (Attachment 44)

Erin Brewer, Private Citizen (Attachment 45)

Lucrecia Nold, Kansas Catholic Conference (Attachment 46)

Brittany Jones. Kansas Family Voice (Attachment 47)

Pastor Ron Mandeville, Medora Community Bible Church (Attachment 48)

Opponent, written only testimony was submitted by:

Individuals - A through Ga - SB233 Opponents Written only (Attachment 49)

Individuals - Ge through - Sha - SB233 Opponents Written only (Attachment 50)

Individuals - Si through Wo - SB233 Opponents Written only (Attachment 51)

Chairperson Gossage closed the hearing on SB233.

Chairperson Gossage adjourned the meeting at 9:25 a.m. The next scheduled meeting is February 15, 2023.