If this bill were to become law, it would introduce new civil liability for physicians who perform irreversible gender reassignment surgery on minors, as outlined in the new section 12-723 of title 12, chapter 6 of the Arizona Revised Statutes. Specifically, it would establish that a physician is liable for damages resulting from such surgery, including damages that would not have occurred but for the surgery. Additionally, the bill clarifies that parental consent cannot be used as a defense against liability.

The bill also stipulates that individuals who prevail in a civil action under this section would be entitled to recover actual damages, including for mental anguish, exemplary damages, court costs, and reasonable attorney fees. Furthermore, it sets a statute of limitations for filing a claim, requiring that actions for recovery of damages be initiated within 25 years after the minor turns 18 or within four years after the minor undergoes detransition treatment, whichever is later. Definitions for "irreversible gender reassignment surgery" and "physician" would align with existing definitions in section 32-3230.

Statutes affected:
Introduced Version: 12-723
Senate Engrossed Version: 12-723