Protection of resident records; consent required for nontherapeutic examination, observation or treatment; access to transgender-related treatment. (1) A care facility shall implement procedures regarding resident records generated at the time of admission and during the resident’s stay to ensure that the records include the resident’s gender identity and the resident’s chosen name and pronouns, as indicated by the resident

(2) Unless required by state or federal law, a care facility shall not disclose any personally identifiable information regarding:

(a) A resident’s sexual orientation;

(b) Whether a resident is LGBTQIA2S+;

(c) A resident’s gender transition status; or

(d) A resident’s human immunodeficiency virus status.

(3) A care facility shall take appropriate steps to minimize the likelihood of inadvertent or accidental disclosure of information described in subsection (2) of this section to other residents, visitors or facility staff, except to the minimum extent necessary for facility staff to perform their duties.

(4) Informed consent shall be required in relation to any nontherapeutic examination or observation of, or treatment provided to, a resident.

(5) A transgender resident shall be provided access to any assessments, therapies and treatments that are recommended by the resident’s health care provider, including but not limited to transgender-related medical care, hormone therapy and supportive counseling. [2023 c.567 §4]