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H.R. 7651: Chloe Cole Act of 2026

This bill, known as the Chloe Cole Act of 2026, proposes several key provisions primarily aimed at addressing medical interventions for children pertaining to their sex and gender. Here is a breakdown of what the bill entails:

Definitions

The bill defines several important terms:

Child: Refers to individuals under the age of 18.
Covered Interventions: These involve medical procedures or treatments designed to:
- Delay, halt, or disrupt natural puberty development, or
- Change the individual's physical sex characteristics.
Specific items and services included are the use of puberty blockers, sex hormones, and surgical procedures related to gender transition.
Detransition Treatment: Refers to medical interventions that reverse or stop the effects of previously mentioned covered interventions.
Health Care Professional: Any licensed individual authorized to provide medical care.

Private Right of Action

The bill allows individuals who were subjected to covered interventions as children, or their parents, to sue health care professionals, hospitals, or clinics involved in such interventions. This civil action can be initiated regardless of when the intervention took place.

Damages

In these lawsuits, the following types of damages may be claimed:

Compensatory Damages: For economic costs associated with correcting or managing the effects of a covered intervention.
Non-Economic Damages: For emotional distress and pain experienced due to the intervention.
Punitive Damages: Possible if the harm was inflicted maliciously or recklessly.

Strict Liability

If it is proven that a provider participated in a covered intervention after the enactment of the act, they may be held strictly liable for damages. Exceptions can only be established by the provider under specific circumstances laid out in the law.

Circumstances Described

The bill outlines various conditions under which the court can exert jurisdiction, primarily focusing on activities that cross state lines or involve interstate commerce.

Rules of Construction

This section indicates that:

No liability can be waived by a health care professional under this act.
Any ambiguities in the law will be interpreted against any party involved in a covered intervention.
There will be limited deference given to prevailing medical standards if they contradict the act.
Health care professionals can still provide information about available treatment options without being considered participants in a covered intervention.

Statute of Limitations

Legal actions under this bill must be filed within 25 years from the individual’s 18th birthday or within 4 years after incurring the costs for detransition treatment, whichever is later.