S. 2907: Chloe Cole Act

The Chloe Cole Act is a proposed piece of legislation that aims to restrict certain medical practices related to minors. Here is a summary of its key features:

Definition of Terms

Several terms are defined to clarify the Act's intent:

• Chemical or surgical mutilation: This encompasses medical procedures aimed at intentionally altering a child's biological sex or appearance. It includes:
• Using puberty blockers to delay maturation.
• Administering sex hormones such as estrogen, testosterone, or androgen blockers.
• Performing surgeries to change physical appearance or remove sexual organs.
• Child: An individual under the age of 18.
• Detransition treatment: Any medical or mental health intervention aimed at reversing prior chemical or surgical alterations.
• Health care professional: Any licensed individual, such as doctors, qualified to provide health care services.
• Mental health professional: A licensed individual who diagnoses and treats mental health conditions.

Prohibition of Certain Medical Practices

The Act prohibits health care professionals, hospitals, and clinics from participating in any form of chemical or surgical mutilation of children. A health care entity can only proceed with medical interventions that qualify as exceptions after confirming clear and convincing evidence that such procedures are necessary according to specific criteria.

Conditions Warranting Prohibition

The Act details specific situations in which the prohibition applies, including:

• If the actions involve interstate or foreign commerce or any communication related to such actions.
• If the procedures or practices took place in a jurisdiction of the U.S. or affected interstate commerce.

Private Right of Action

The Act provides individuals who were subjected to prohibited procedures, as well as their parents or guardians, the right to file civil lawsuits against involved health care professionals and facilities. This right is applicable regardless of when the alleged procedures occurred.

Damages and Liability

Individuals filing lawsuits can seek compensation for:

• Medical costs for correcting the effects of the prohibited procedures.
• Emotional distress and suffering.
• Punitive damages for egregious actions by health care providers.

Health care professionals and facilities found liable for participating in prohibited actions will bear strict liability, meaning they are responsible for damages without needing to prove fault if the act of mutilation is established.

Exceptions to Prohibition

The Act outlines some exceptions where procedures might not be classified as chemical or surgical mutilation. These include:

• Medically necessary treatments for verifiable sexual development disorders.
• Treatment for infections or injuries that arose from prior interventions.
• Medical procedures for traumatic injuries or congenital anomalies.
• Detransition treatments.

Legal and Procedural Aspects

• The Act specifies a statute of limitations, allowing lawsuits to be filed within 25 years from a child’s eighteenth birthday or four years from when detransition treatment costs were incurred, whichever is later.
• If any part of the Act is found unconstitutional, the remaining provisions will continue to be in effect.

Rules of Construction

Provisions are included to clarify that no liability arises from non-participatory actions such as counseling and that health care professionals can still provide information about treatment options.

Relevant Companies

None found.