The bill amends the Protecting Minors from Medical Malpractice Act of 2023 to include "gender-affirming interventions" as a right of action for medical malpractice. It defines "gender-affirming intervention" to encompass procedures that support a patient's identification with a gender opposite to their biological sex, specifically mentioning puberty blockers and cross-sex hormone therapy. The bill establishes that healthcare professionals who perform these interventions on minors can be held liable for any injuries resulting from the procedures, including physical, psychological, emotional, or physiological harm. It also allows minors or their representatives to bring civil actions against healthcare professionals for damages, with a statute of limitations extending up to fifteen years after the minor turns eighteen.

Additionally, the bill outlines a "safe harbor" provision that provides a defense for healthcare professionals if they can demonstrate that they have documented the minor's perceived gender for two continuous years, received certifications from multiple healthcare professionals regarding the necessity of the intervention, and obtained informed consent from the minor and their parent or guardian. The bill mandates that consent must be informed and voluntary, requiring specific disclosures about the potential risks and consequences of gender transition treatments, including the possibility of worsening the minor's condition and the lack of FDA approval for puberty blockers for this purpose. The bill emphasizes the need for thorough documentation and informed consent to protect both the minor and the healthcare provider involved in gender-affirming interventions.

Statutes affected:
Old version HB1916 Original - 3-31-2025 01:05 PM: 16-114-401
Old version HB1916 V2 - 4-2-2025 09:49 AM: 16-114-401
HB 1916: 16-114-401
Act 979: 16-114-401