Senate Bill 405 establishes a civil cause of action for minors under 18 who are injured by gender transition procedures performed by health care providers. The bill defines "gender transition procedure" to include medical or surgical services aimed at altering an individual's physical characteristics to align with a gender different from their biological sex. It allows minors, or their parents or legal guardians, to sue for damages, including compensatory and punitive damages, if they suffer any physical, psychological, emotional, or physiological injuries from such procedures. Importantly, the bill stipulates that any legal action must be initiated before the individual turns 33 years old.
The bill also outlines specific defenses for health care providers against such actions. These defenses require thorough documentation of the minor's perceived gender over a two-year period, certification from multiple health care providers regarding the necessity of the procedure for mental health concerns, and the informed consent of both the minor and their parent or guardian. Additionally, the bill mandates that a detailed notice regarding the potential risks and consequences of gender transition treatments be provided to the minor and their guardians prior to any treatment. This notice includes warnings about the possible worsening of the minor's condition and the lack of FDA approval for puberty blockers for gender dysphoria, among other health risks associated with these procedures.