The bill establishes a private cause of action for individuals who suffer injuries as a result of specific medical treatments for gender dysphoria. It allows minors or their legal guardians to file civil actions against healthcare professionals or physicians if the treatments lead to injuries, including physical, psychological, emotional, or physiological harms. The statute of limitations for such actions is set at two years from the time the injured party discovers both the injury and its causal relationship to the medical treatment, with certain exceptions for minors and individuals under legal disability. The bill also amends existing law regarding medical malpractice actions to align with these provisions.
Additionally, the bill repeals a previous statute (50-4-1005, MCA) related to private causes of action for subsequent harm and includes definitions for terms such as "female," "male," "gender," and "health care professional." It specifies that liability for injuries can only arise from treatments provided to minors that deviate from the applicable medical standard of care, as established by qualified expert testimony. The effective date for the bill is set for July 1, 2025.
Statutes affected: SB0218_2(1): 27-2-205
SB0218_2(2): 27-2-205
SB0218_2(3): 27-2-205
SB0218_2: 27-2-205
SB0218_X(1): 27-2-205
SB0218_X(10): 27-2-205
SB0218_X(11): 27-2-205
SB0218_X(12): 27-2-205
SB0218_X(13): 27-2-205
SB0218_X(14): 27-2-205
SB0218_X(15): 27-2-205
SB0218_X(16): 27-2-205
SB0218_X(17): 27-2-205
SB0218_X(18): 27-2-205
SB0218_X(19): 27-2-205
SB0218_X(2): 27-2-205
SB0218_X(20): 27-2-205
SB0218_X(21): 27-2-205
SB0218_X(22): 27-2-205
SB0218_X(23): 27-2-205
SB0218_X(24): 27-2-205
SB0218_X(25): 27-2-205
SB0218_X(26): 27-2-205
SB0218_X(3): 27-2-205
SB0218_X(4): 27-2-205
SB0218_X(5): 27-2-205
SB0218_X(6): 27-2-205
SB0218_X(7): 27-2-205
SB0218_X(8): 27-2-205
SB0218_X(9): 27-2-205
SB0218_X: 27-2-205