This bill amends the Code of West Virginia to clarify the parameters surrounding medical malpractice civil actions, particularly in relation to gender reassignment surgery and gender-altering medication. It establishes that physicians are prohibited from providing these services to individuals under 18 years of age, with specific exceptions for those with medically verifiable disorders of sex development or other critical medical conditions. The bill also outlines the definitions of key terms such as "gender," "gender transition," and "sex," emphasizing that there are only two sexes and addressing the treatment of individuals with intersex conditions. Additionally, it stipulates that any physician who violates this provision will face immediate revocation of their medical license.

Furthermore, the bill introduces significant changes to the statute of limitations for medical malpractice claims related to gender transition services. It extends the time frame for filing such claims to 20 years from the date of discovery of the injury and its causal relationship to the treatment, overriding any previously established limitations. The bill also declares that any waivers of liability related to these services are null and void, reinforcing the public policy against such practices. The provisions of this bill are set to take effect upon becoming law, with specific clauses addressing the severability of its provisions in case of unconstitutionality.

Statutes affected:
Introduced Version: 30-3-20, 55-7B-4