A2711

An Act concerning children and questions about sexual orientation and gender identity, designated as the “Reasonable Pediatric Questions Act,” and amending P.L.2021, c.454.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 2 of P.L.2021, c.454 (C.45:9-42.46) is amended to read as follows:

2. a. (1) [A] Except as provided in subsection f. of this section, a clinical laboratory shall electronically record the race, ethnicity, sexual orientation, and gender identity of each patient who presents with a non-electronic order for testing at a clinical laboratory patient service center. If a clinical laboratory processes a specimen without the presence of a patient, the clinical laboratory shall not be responsible for recording and reporting the patient's gender identity, sexual orientation, and racial and ethnic information and may record "not provided" in lieu of the other selections provided under paragraphs (2) through (4) of this subsection.

(2) Race and ethnicity selections shall include: Alaska Native or American Indian, non-Hispanic; Asian, non-Hispanic; Black or African American, non-Hispanic; Hispanic or Latino; Multiracial, non-Hispanic; Native Hawaiian or other Pacific Islander, non-Hispanic; other race, non-Hispanic; White, non-Hispanic; does not wish to disclose; and not provided.

(3) Sexual orientation selections shall include: bisexual; straight; gay or lesbian; something else; does not wish to disclose; and not provided.

(4) Gender identity selections shall include: male, female, gender nonconforming, transgender male-to-female, transgender female-to-male, does not wish to disclose, and not provided.

b. Any healthcare-related data that is required under State law to be reported by a clinical laboratory to the Department of Health shall include any corresponding gender identity, sexual orientation, and racial and ethnic data recorded pursuant to this section, and shall be incorporated into the appropriate disease surveillance reporting system. The Commissioner of Health shall issue guidance concerning the healthcare-related data that is subject to the requirements of this subsection.

c. A non-electronic specimen collection and analysis requisition form distributed by a clinical laboratory shall contain a section for the manual entry of the patient's racial, ethnic, sexual orientation, and gender identity information on the form.

d. Race and ethnicity, sexual orientation, and gender identity information that is required to be recorded or reported pursuant to this section shall be recorded or reported using a program that is compatible with the State's disease surveillance reporting system using such data fields as may be available or necessary in the version of Health Level Seven International recording and reporting standards or equivalent standards adopted by the laboratory, or using any other program or standard as may be designated by the Commissioner of Health that produces superior data collection and related benefits or that is otherwise in accordance with best practice.

e. The Commissioner of Health may modify, by regulation, the race, ethnicity, sexual orientation, and gender identity selections provided in subsection a. of this section as appropriate or pursuant to federal requirements.

f. Notwithstanding any provisions of this section to the contrary, or any other provision of law to the contrary, as a condition of the licensure of a clinical laboratory, individuals employed by a clinical laboratory shall not be required to:

(1) present questions to a child, who is 16 years of age or younger, that concern his or her gender identity or sexual orientation; and

(2) collect or record data that concerns the gender identity or sexual orientation of a child who is 16 years of age or younger.

(cf: P.L.2022, c.44, s.2)

2. This act shall take effect immediately.

STATEMENT

This bill establishes the “Reasonable Pediatric Questions Act,” and eliminates the requirement for clinical laboratories to ask certain children questions about gender identity and sexual orientation.

N.J.S.A.45:9-42.46 requires clinical laboratories to electronically record the race, ethnicity, sexual orientation, and gender identity of each patient who presents with a non-electronic order for testing at a clinical laboratory patient service center.

The bill amends N.J.S.A.45:9-42.46 to provide that, as a condition of the licensure of a clinical laboratory, individuals employed by a clinical laboratory are not to be required to: (1) present questions to a child, who is 16 years of age or younger, that concern his or her gender identity or sexual orientation; and (2) collect or record data that concerns the gender identity or sexual orientation of a child who is 16 years of age or younger.