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H.R. 5483: Chloe Cole Act

The Chloe Cole Act is a proposed piece of legislation that aims to prohibit specific medical practices related to the treatment of minors concerning gender identity. Here are the main points that summarize what the bill would do:

Definitions

Chemical or Surgical Mutilation: This term refers to medical actions aimed at intentionally altering a child’s body so that it no longer corresponds with their biological sex. This includes:
- Using puberty blockers or hormones to delay or change the natural progression of puberty.
- Conducting surgeries to alter physical appearance or remove sexual organs.
Child: The bill defines a child as anyone under 18 years of age.
Detransition Treatment: This includes treatments designed to reverse or help individuals cope with the effects of prior chemical or surgical procedures deemed mutilation.
Health Care Professionals: This encompasses any licensed individual providing medical care, including physicians.
Mental Health Professionals: This refers to licensed individuals who diagnose and treat mental health conditions.

Prohibition on Chemical or Surgical Mutilation

The bill states that no health care professional, hospital, or clinic may participate in the chemical or surgical mutilation of a child. Any treatments provided must adhere to stringent standards, ensuring they fall under specified exclusions, such as procedures to treat verifiable disorders of sexual development or injuries.

Private Right of Action

Individuals who have undergone prohibited procedures, or their parents/guardians, would have the right to sue health care providers involved in chemical or surgical mutilation. Damages might include:

Compensatory damages to cover economic costs associated with correctional procedures;
Non-economic damages for emotional distress;
Punitive damages if the care provider is found to have acted maliciously or recklessly.

Strict Liability

The bill establishes that health care professionals, hospitals, and clinics found to have participated in prohibited practices would be strictly liable for damages, meaning they could be held responsible without needing to demonstrate negligence if such participation is proven.

Rules of Construction

The bill clarifies that it does not create a right to sue for counseling or referrals unless they directly relate to prohibited practices.
Lawsuits must consider the nature and timing of the treatment provided and the known medical standards at that time.
Health care providers are still permitted to discuss all available treatment options as long as they do not engage in prohibited practices.

Statute of Limitations

Claims can be filed up to 25 years after a person turns 18 or within four years after incurring costs for detransition treatment, whichever is longer.