This bill, titled the "Protecting Minors from Medical Malpractice Act of 2025," creates a private right of action for individuals who underwent gender-transition procedures before turning 18 years of age. Medical practitioners who perform such procedures on minors could be held liable for any resulting physical, psychological, emotional, or physiological harms. Individuals have a window of up to 30 years after reaching 18 to file a civil action against the practitioner. The civil action can seek various forms of relief, including declaratory or injunctive relief, compensatory damages , punitive damages , and attorney's fees and costs. This right of action applies when there is a connection to interstate or foreign commerce, such as travel, communication, payment, or the use of instruments. The bill also explicitly protects the freedom of conscience for medical practitioners, stating that no federal law shall require them to perform gender-transition procedures. Furthermore, any state that mandates medical practitioners to perform gender-transition procedures on minors will be deemed ineligible to receive federal funding from the Department of Health and Human Services. The bill defines "gender-transition procedure" to include puberty-blocking drugs, cross-sex hormones, or surgeries intended to align an individual's body with their subjective identity when it differs from their biological sex. Exceptions are made for interventions related to ambiguous biological sex characteristics, specific medical conditions, treatment of complications, or procedures necessary to prevent imminent danger of death or severe bodily impairment.
Child healthCivil actions and liabilityHealth care qualityHealth personnelHealth programs administration and fundingSex, gender, sexual orientation discriminationState and local government operations
Protecting Minors from Medical Malpractice Act of 2025
USA119th CongressS-209| Senate
| Updated: 1/23/2025
This bill, titled the "Protecting Minors from Medical Malpractice Act of 2025," creates a private right of action for individuals who underwent gender-transition procedures before turning 18 years of age. Medical practitioners who perform such procedures on minors could be held liable for any resulting physical, psychological, emotional, or physiological harms. Individuals have a window of up to 30 years after reaching 18 to file a civil action against the practitioner. The civil action can seek various forms of relief, including declaratory or injunctive relief, compensatory damages , punitive damages , and attorney's fees and costs. This right of action applies when there is a connection to interstate or foreign commerce, such as travel, communication, payment, or the use of instruments. The bill also explicitly protects the freedom of conscience for medical practitioners, stating that no federal law shall require them to perform gender-transition procedures. Furthermore, any state that mandates medical practitioners to perform gender-transition procedures on minors will be deemed ineligible to receive federal funding from the Department of Health and Human Services. The bill defines "gender-transition procedure" to include puberty-blocking drugs, cross-sex hormones, or surgeries intended to align an individual's body with their subjective identity when it differs from their biological sex. Exceptions are made for interventions related to ambiguous biological sex characteristics, specific medical conditions, treatment of complications, or procedures necessary to prevent imminent danger of death or severe bodily impairment.
Child healthCivil actions and liabilityHealth care qualityHealth personnelHealth programs administration and fundingSex, gender, sexual orientation discriminationState and local government operations