[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 635 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 635
To protect children from medical malpractice in the form of gender
transition procedures.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2023
Mr. Cotton (for himself, Mr. Braun, Mr. Cruz, Mr. Daines, Mr. Lankford,
Mr. Mullin, Mr. Rubio, and Mr. Vance) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To protect children from medical malpractice in the form of gender
transition procedures.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Minors from Medical
Malpractice Act of 2023''.
SEC. 2. PRIVATE RIGHT OF ACTION FOR A GENDER-TRANSITION PROCEDURE
PERFORMED ON A MINOR.
(a) In General.--A medical practitioner, in any circumstance
described in subsection (c), who performs a gender-transition procedure
on an individual who is less than 18 years of age shall, as described
in subsection (b), be liable to the individual if injured (including
any physical, psychological, emotional, or physiological harms) by such
procedure, related treatment, or the aftereffects of the procedure or
treatment.
(b) Private Right of Action.--An individual covered by subsection
(a) who receives a gender-transition procedure from a medical
practitioner (or a representative, including a legal guardian, on
behalf of such individual) may, not later than the day that is 30 years
after the date on which the individual turns 18 years of age, bring a
civil action against such medical practitioner in a court of competent
jurisdiction for--
(1) declaratory or injunctive relief;
(2) compensatory damages;
(3) punitive damages; and
(4) attorney's fees and costs.
(c) Circumstances.--For the purposes of subsection (a), the
circumstances described in this subsection are that--
(1) the medical practitioner or the individual receiving
the gender-transition procedure traveled in interstate or
foreign commerce, or traveled using a means, channel, facility,
or instrumentality of interstate or foreign commerce, in
furtherance of or in connection with the conduct described in
subsection (a);
(2) the medical practitioner used a means, channel,
facility, or instrumentality of interstate or foreign commerce
in furtherance of or in connection with the conduct described
in subsection (a);
(3) any payment of any kind was made, directly or
indirectly, in furtherance of or in connection with the conduct
described in subsection (a) using any means, channel, facility,
or instrumentality of interstate or foreign commerce or in or
affecting interstate or foreign commerce;
(4) the medical practitioner transmitted in interstate or
foreign commerce any communication relating to or in
furtherance of the conduct described in subsection (a) using
any means, channel, facility, or instrumentality of interstate
or foreign commerce or in or affecting interstate or foreign
commerce by any means or in any manner, including by computer,
mail, wire, or electromagnetic transmission;
(5) any instrument, item, substance, or other object that
has traveled in interstate or foreign commerce was used to
perform the conduct described in subsection (a);
(6) the conduct described in subsection (a) occurred within
the special maritime and territorial jurisdiction of the United
States, or any territory or possession of the United States; or
(7) the conduct described in subsection (a) otherwise
occurred in or affected interstate or foreign commerce.
SEC. 3. PRESERVING FREEDOM OF CONSCIENCE AND MEDICAL JUDGEMENT FOR
MEDICAL PROVIDERS.
Notwithstanding any other provision of law, no provision of Federal
law shall require, or be construed to require, a medical practitioner
to perform a gender-transition procedure.
SEC. 4. PROHIBITION ON FUNDING FOR CERTAIN STATES.
Notwithstanding any other provision of law, any State that requires
medical practitioners to perform any gender-transition procedure on an
individual in the State shall be ineligible to receive any Federal
funding from the Department of Health and Human Services.
SEC. 5. DEFINITIONS.
In this Act:
(1) Biological sex.--The term ``biological sex'' means the
genetic classification of an individual as male or female, as
reflected in the organization of the body of such individual
for a reproductive role or capacity, such as through sex
chromosomes, naturally occurring sex hormones, and internal and
external genitalia present at birth, without regard to the
subjective sense of identity of the individual.
(2) Gender-transition procedure.--
(A) In general.--Except as provided in subparagraph
(B), the term ``gender-transition procedure'' means--
(i) the prescription or administration of
puberty-blocking drugs for the purpose of
changing the body of an individual so that it
conforms to the subjective sense of identity of
the individual, in the case such identity is at
odds with the individual's biological sex;
(ii) the prescription or administration of
cross-sex hormones for the purpose of changing
the body of an individual so that it conforms
to the subjective sense of identity of the
individual, in the case such identity is at
odds with the individual's biological sex; or
(iii) a surgery to change the body of an
individual so that it conforms to the
subjective sense of identity of the individual,
in the case such identity is at odds with the
individual's biological sex.
(B) Exception.--The term ``gender-transition
procedure'' does not include--
(i) an intervention described in
subparagraph (A) that is performed on--
(I) an individual with biological
sex characteristics that are inherently
ambiguous, such as those born with 46
XX chromosomes with virilization, 46 XY
chromosomes with undervirilization, or
having both ovarian and testicular
tissue; or
(II) an individual with respect to
whom a physician has determined through
genetic or biochemical testing that the
individual does not have normal sex
chromosome structure, sex steroid
hormone production, or sex steroid
hormone action, for a biological male
or biological female;
(ii) the treatment of any infection,
injury, disease, or disorder that has been
caused or exacerbated by the performance of an
intervention described in subparagraph (A)
without regard to whether the intervention was
performed in accordance with State or Federal
law or whether the intervention is covered by
the private right of action under section 2; or
(iii) any procedure undertaken because the
individual suffers from a physical disorder,
physical injury, or physical illness that
would, as certified by a physician, place the
individual in imminent danger of death or
impairment of major bodily function unless the
procedure is performed.
(3) Medical practitioner.--The term ``medical
practitioner'' means a person who is licensed, certified, or
otherwise authorized by the laws of a State to administer
health care in the ordinary course of the practice of the
person's profession.
SEC. 6. EFFECTIVE DATE.
This Act shall take effect on the date of enactment of this Act.
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