Bill > HB1916

This bill amends the Protecting Minors From Medical Malpractice Act of 2023 to include gender-affirming interventions as a new category of potential medical malpractice. The bill defines "gender-affirming intervention" as medical treatments supporting a patient's identification with a gender different from their biological sex, specifically including puberty blockers and cross-sex hormone therapy. Under the bill, healthcare and mental health professionals who perform these interventions on minors can be held liable for any physical, psychological, emotional, or physiological injuries resulting from the treatment. Minors or their representatives can file civil actions up to 15 years after the minor turns 18, seeking declaratory relief, compensatory and punitive damages, and attorney's fees. The bill establishes a "safe harbor" defense that requires extensive documentation, including two years of consistent gender identification, multiple professional certifications, and detailed informed consent that includes a lengthy warning statement about potential risks and long-term consequences of such interventions. The consent process must include specific verbal and written notices detailing potential medical risks, potential regret, fertility implications, and the lack of long-term research on these treatments for minors.

Justice

https://arkleg.state.ar.us/Bills/Detail?id=hb1916&ddBienniumSession=2025%2F2025R