H.R. 4618: Jamie Reed Protecting Our Kids from Child Abuse Act

This bill, titled the Jamie Reed Protecting Our Kids from Child Abuse Act, aims to create a federal legal framework that allows individuals to seek compensation if they suffer harm due to gender-transition procedures performed while they were minors. Below is a breakdown of the key provisions included in the bill:

Establishment of Federal Tort

The bill establishes a federal tort, which is a type of legal claim, allowing individuals who experience bodily injury or mental health harm from gender-transition procedures to seek justice. This applies specifically to minors who underwent such procedures.

Definitions

Key terms are defined in the bill:

• Gender transition procedure: This includes hormone therapies (like puberty blockers or hormones such as testosterone and estrogen) and surgical interventions aimed at aligning an individual's body with their gender identity when that identity does not align with their biological sex.
• Pediatric gender clinic: This refers to medical facilities that focus on diagnosing and treating gender discordance and dysphoria in minors.
• Minor: An individual who is under the age of 18.

Liability

The bill specifies that several parties can be held liable if a minor experiences harm from a gender-transition procedure. These include:

• The pediatric gender clinic that provided the procedure.
• The medical practitioners involved in administering the procedure.
• Educational institutions affiliated with the clinic.
• Hospitals associated with the clinic.

Private Right of Action

Individuals who suffer damage due to these procedures can file a civil lawsuit against the liable parties. They have until 30 years after turning 18 to bring forth claims for:

• Compensatory damages.
• Punitive damages.
• Attorney's fees and associated legal costs.

Affirmative Defense

The bill outlines an affirmative defense for those accused of wrongdoing, allowing them to defend themselves if they can prove they were not aware and had no reason to know that the individual was a minor at the time the procedure was performed.

Prohibition on Funding

The bill prohibits the allocation of federal funds to:

• Pediatric gender clinics.
• Educational institutions or hospitals associated with these clinics.
• Any gender-transition procedures performed on minors.

Effective Date and Retroactive Application

This Act would take effect immediately upon its enactment and would apply retroactively to all gender-transition procedures performed before and after the effective date.

Severability

The bill includes a severability clause, ensuring that if any part of it is found unconstitutional, the remaining provisions will still be enforceable.

Relevant Companies

None found