S. 209: Protecting Minors from Medical Malpractice Act of 2025
This bill, known as the Protecting Minors from Medical Malpractice Act of 2025, aims to address medical procedures related to gender transition for individuals under the age of 18. It establishes the following key provisions:
1. Liability for Medical Practitioners
Medical practitioners who perform gender-transition procedures on minors may be held liable if the minor experiences any form of injury as a result of the procedure. This includes physical, psychological, emotional, or physiological harm. The liability extends to the practitioner if the procedure was performed while any interstate or foreign commerce was involved, such as travel, communication, or payment related to the procedure.
2. Right to Legal Action
Individuals impacted by gender-transition procedures have the right to file a civil lawsuit against the medical practitioner involved. This legal action can be taken up to 30 years after the individual turns 18 years of age. The claims can include:
- Declaratory or injunctive relief
- Compensatory damages
- Punitive damages
- Recovery of attorney's fees and costs
3. Freedom of Conscience for Medical Providers
The bill protects medical practitioners from being compelled by federal law to perform gender-transition procedures. This provision emphasizes the preservation of personal and professional judgment within the medical community.
4. Federal Funding Restrictions for States
States that mandate medical practitioners to perform gender-transition procedures will become ineligible for federal funding from the Department of Health and Human Services. This provision seeks to discourage states from imposing requirements on practitioners regarding such medical procedures.
5. Definitions
The bill provides specific definitions for key terms:
- Biological sex: Refers to the genetic classification of an individual as male or female based on their reproductive anatomy at birth.
- Gender-transition procedure: Includes administering puberty blockers, cross-sex hormones, or surgeries aimed at aligning an individual's physical traits with their gender identity, unless certain medical exceptions apply.
- Medical practitioner: Defined as anyone licensed or certified to provide healthcare in the state.
6. Effective Date
The provisions of this Act will take effect upon its enactment.
Relevant Companies
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Sponsors
4 bill sponsors
Actions
2 actions
Date | Action |
---|---|
Jan. 23, 2025 | Introduced in Senate |
Jan. 23, 2025 | Read twice and referred to the Committee on the Judiciary. |
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