This bill establishes a private cause of action for individuals who suffer injuries as a result of medical interventions related to the treatment of gender dysphoria. It holds health care professionals and physicians strictly liable for any injuries, including physical, psychological, emotional, or physiological harms, that occur within 25 years of the last treatment. The bill outlines the types of medical treatments that can lead to liability, specifically surgical procedures and hormone therapies provided to individuals based on their gender identity. It also includes provisions for a statute of limitations, allowing individuals or their guardians to file civil actions within 25 years of discovering the injury and its causal relationship to the treatment.
Additionally, the bill repeals Section 50-4-1005 of the Montana Code Annotated, which previously addressed private causes of action for subsequent harm. It includes definitions for key terms such as "female," "male," "gender," and "health care professional," and clarifies that the liability provisions do not apply to treatments for individuals with medically verifiable disorders of sex development or for infections and injuries exacerbated by the specified medical treatments. The act is set to take effect on July 1, 2025.