Bills · 2023-2024 Regular Session
Relating to: a civil cause of action for a minor injured by a gender transition procedure.
Court — Procedure Damage personal injury Medical service Mental health Physician Youth
- Introduced, stopped here
- Passes Assembly, not reached
- Passes Senate, not reached
- Governor signs, not reached
- Law, not reached
Unfamiliar terms? Glossary
What this bill does
Plain-language analysis by the nonpartisan Legislative Reference Bureau
This bill establishes a civil cause of action against a health care provider who
performs a gender transition procedure, as defined in the bill, on an individual who
is under 18 years of age and who is injured, including any physical, psychological,
emotional, or physiological injury, by the gender transition procedure or related
treatment or the aftereffects of the gender transition procedure or related treatment.
Under the bill, such an action must be commenced before the individual attains the
age of 33 years.
The bill provides that it is a defense to an action under the bill if all of the
following occur before a health care provider performs a gender transition procedure
on an individual who is under 18 years of age:
1. The health care provider documents the individual's perceived gender or
perceived sex for at least two continuous years, and the individual's perceived gender
or perceived sex is invariably inconsistent with the individual's biological sex
throughout the two-year period.
2. To the extent that the individual suffers from a mental health concern, at
least one mental health professional and one other health care provider certifies in
writing that the gender transition procedure is the only way to treat the mental
health concern.
3. At least one mental health professional and one other health care provider
certifies in writing that the individual suffers from no other mental health concerns.
4. The health care provider receives the voluntary and informed consent of the
individual and the individual's parent or legal guardian by providing them, both
orally and in writing, with a notice, the contents are which are prescribed in the bill,
at least 30 days before the first treatment of the gender transition procedure and
during every subsequent medical visit for treatment during the following six months.
Sponsors
Full history
- Oct 18, 2023 · Assembly
Introduced by Representatives Rozar, Behnke, Brandtjen, Dittrich, Duchow, Goeben, Gundrum, Gustafson, Maxey, Nedweski, O'Connor, Schraa, Wichgers, Green and Rettinger; cosponsored by Senators Hutton, Kapenga, Nass, Tomczyk, Bradley and Felzkowski
- Oct 18, 2023 · Assembly
Read first time and referred to Committee on Judiciary
- Jan 24, 2024 · Assembly
Public hearing held
- Apr 15, 2024 · Assembly
Failed to pass pursuant to Senate Joint Resolution 1