Bill > SB405

This bill establishes a new law in Wisconsin, 895.039, that creates a civil cause of action, meaning a lawsuit, for minors who are injured by a gender transition procedure. A "gender transition procedure" is broadly defined to include medical or surgical services aimed at altering physical characteristics to align with a different sex, such as puberty blockers, cross-sex hormones, or gender reassignment surgery, but it specifically excludes services for individuals born with disorders of sexual development or when a physician diagnoses a sexual development disorder, as well as treatment for complications arising from such procedures or surgeries performed to prevent imminent death or major bodily function impairment. A "health care provider" is any entity defined under existing Wisconsin statutes related to health care, and a "minor" is anyone under 18 years old. Under this bill, if a health care provider performs a gender transition procedure on a minor and the minor suffers any physical, psychological, emotional, or physiological injury as a result, the minor, or their representative, can sue the provider for damages, including attorney fees. Such lawsuits must be filed before the minor turns 33 years old. The bill also outlines a "safe harbor" defense for health care providers, requiring them to document a minor's consistent gender identity for at least two years, obtain written certification from at least two healthcare providers (including one mental health professional) that the procedure is the only way to treat a mental health concern, and receive voluntary, informed consent from both the minor and their parent or legal guardian. This new law would apply to gender transition procedures performed on or after its effective date.

Health and Social Services

https://docs.legis.wisconsin.gov/2025/proposals/reg/sen/bill/sb405