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Bill Summary · HB 1338

Summary of Indiana HB 1338 (2026) — Physician Standards of Practice

Basic Information

  • Bill: HB 1338
  • Session: 2026, Indiana General Assembly
  • Jurisdiction: Indiana
  • Introduced: January 6, 2026
  • Effective Date: July 1, 2026
  • Subject: Physician standards of practice, with specific provisions related to gender transition procedures for minors

Main Purpose

The bill clarifies that the statutory prohibition on physicians or practitioners from knowingly providing gender transition procedures to a minor does not prevent physicians from certain communications or information-sharing. Specifically, it allows:
- The release of a minor’s health information to another physician or practitioner involved in the minor’s care.
- Discussion of a minor’s medical history with another physician or practitioner providing care to the minor.

Key Provisions and Changes

  1. Core Prohibition (unchanged by this bill):

    • Except as otherwise provided in subsections (c) and (d), a physician or practitioner may not knowingly provide gender transition procedures to a minor.
    • They may not aid or abet another physician or practitioner in providing such procedures to a minor.

  2. Permissible Information Sharing (newly clarified under subsection (b)):

    • A physician or practitioner may release a minor’s health information to another physician or practitioner in the course of the receiving practitioner’s care of the minor.
    • A physician or practitioner may discuss the minor’s medical history with another physician or practitioner providing care to the minor.

  3. Exceptions/Authorized Services (subsection (c)):

    • The bill enumerates specific circumstances where a physician or practitioner may provide services to a minor despite the general prohibition, including:
      • Services to individuals born with medically verifiable disorders of sex development (DSD) and related situations.
      • Services for individuals diagnosed with DSD where genetic/biochemical testing indicates non-normative chromosomal structure or sex steroid hormone production.
      • Treatment of infections, injuries, diseases, or disorders caused by or exacerbated by gender transition procedures.
      • Medical or surgical services for urgent medical needs where failure to treat would place the minor in imminent danger of death or major impairment.

  4. Transitional Provision (subsection (d)):

    • A physician or practitioner may continue to prescribe gender transition hormone therapy to individuals who were taking such therapy as of June 30, 2023, through December 31, 2023. This transitional provision expired January 1, 2024.

Who/What Is Affected

  • Practitioners/Physicians: The standard of practice is clarified for those involved in pediatric care and gender transition matters.
  • Minors Receiving Care: The rules directly affect how information may be shared and what services may be provided, within the bounds of the gender transition prohibition.
  • Medical Boards and Licensing Agencies (e.g., PLA): Potentially minor administrative actions related to updating practitioners about the clarified information-sharing allowances.

Procedural and Timeline Considerations

  • Effective Date: July 1, 2026.
  • The bill’s fiscal note suggests modest anticipated effects:
    • Administrative updates by the Professional Licensing Agency (e.g., notifying practitioners, updating websites).
    • Potential small reduction in disciplinary actions related to releasing or discussing a minor’s health information with other health professionals.
    • Expected minimal impact on professional licensing revenues from disciplinary fines (up to $1,000 per violation).

Fiscal and Administrative Notes

  • State Agencies Affected: Professional Licensing Agency (PLA).
  • Potential Impacts:
    • Minor administrative workload for communications and public-facing updates.
    • Possible slight decrease in disciplinary actions related to information-sharing incidents.
    • Minor revenue impact from disciplinary fines (generally deposited into the General Fund, with exceptions).

Summary

HB 1338 clarifies that the prohibition on physicians providing gender transition procedures to minors does not bar appropriate communication and information-sharing between healthcare providers involved in a minor’s care. It also outlines specific circumstances where services may be provided to minors with DSAs or related medical conditions, and it restores a limited transition allowance for hormone therapy through the end of 2023. The bill emphasizes practical information exchange among qualified providers while maintaining the core restrictiveness on performing gender transition procedures on minors, effective July 1, 2026.

Compiled from official sources — confirm details with the bill’s official record.

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