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Bill > SB218


MT SB218

MT SB218
Provide for private right of action for injuries caused by certain medical interventions to treat gender dysphoria


summary

Introduced
01/27/2025
In Committee
02/19/2025
Crossed Over
02/18/2025
Passed
05/08/2025
Dead
Signed/Enacted/Adopted
05/13/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT PROVIDING FOR A PRIVATE CAUSE OF ACTION FOR INJURIES CAUSED BY CERTAIN MEDICAL INTERVENTIONS AS TREATMENT OF GER DYSPHORIA; PROVIDING A STATUTE OF LIMITATIONS; AMING SECTION 27-2-205, MCA; REPEALING SECTION 50-4-1005, MCA; AND PROVIDING AN EFFECTIVE DATE.”

AI Summary

This bill creates a private right of action for minors who have received certain medical treatments for gender dysphoria, allowing them to sue healthcare professionals or physicians for injuries proximately caused by deviations from the medical standard of care. Specifically, the bill allows patients or their legal guardians to file civil actions within 2 years of discovering an injury related to specific medical interventions, such as surgical procedures, hormone treatments, or puberty blockers for gender dysphoria in minor patients. The bill defines key terms like "female" and "male" based on biological and chromosomal characteristics and lists specific medical procedures that could be grounds for a lawsuit, including surgeries like mastectomy, vaginoplasty, and hormone treatments. The lawsuit can seek declaratory relief, compensatory damages, punitive damages, and attorney fees. The bill also modifies existing medical malpractice statutes to extend the time limitation for discovering injuries and provides that the statute of limitations does not begin to run until the patient reaches 23 or if they were subject to threats or manipulation. The bill will become effective on July 1, 2025, and applies specifically to medical treatments provided to minors seeking to address their perception of gender or sex.

Committee Categories

Justice

Sponsors (1)

Last Action

Chapter Number Assigned (on 05/13/2025)

bill text


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