This bill proposes amendments to the West Virginia Code regarding the statute of limitations for medical professional liability actions related to gender reassignment surgeries and associated treatments. Specifically, it extends the statute of limitations for such actions to 20 years from the time the injured party discovers both the injury and its causal relationship to the treatment. Additionally, the bill stipulates that any waiver of liability by an injured party in these cases is null and void, reinforcing the state's public policy against such waivers. The bill also clarifies that certain existing provisions of the law do not apply to these specific medical injury claims.

Furthermore, the bill introduces new legal language that allows for additional damages in cases against healthcare providers for injuries resulting from gender reassignment surgeries and related medications. It emphasizes that the provisions are intended to revive any previously time-barred claims related to these procedures. The bill also includes definitions for terms related to gender and gender transition, and it establishes that physicians are prohibited from providing gender reassignment surgeries or medications to individuals under 18 years of age, with specific exceptions outlined for certain medical conditions. Overall, the bill aims to enhance legal protections for individuals seeking recourse for medical injuries associated with gender transition services.

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