SB1094

THE CONTEXT: Under current law, a physician may not provide irreversible gender reassignment surgery to an individual who is under 18 years of age, subject to limited exceptions for certain disorders of sex development, treatment of complications caused by gender transition procedures and procedures needed to prevent imminent death or major bodily impairment ( A. R.

WHAT THE BILL DID: The final vetoed version would make a physician who provides irreversible gender reassignment surgery to a minor, outside of the limited exceptions in law, liable in a civil action to the minor for damages resulting from the surgery, including damages that would not have otherwise occurred but for the surgery, specifies that parental consent to the surgery is not a defense for the aforesaid, and require a person who prevails under the section to be awarded: a; actual damages, including damages for mental anguish even if an injury other than mental anguish is not shown; b; exemplary damages; c; court costs; and d; reasonable attorney fees.

WHY IT MATTERED: The practical reason for this bill was to make the government process for civil liability more definite and accountable. It would make a physician who provides irreversible gender reassignment surgery to a minor, outside of the limited exceptions in law, liable in a civil action to the minor for damages resulting from the surgery, including damages that would not have otherwise occurred but for the surgery, and would also specifies that parental consent to the surgery is not a defense for the aforesaid, rather than leave the current rule unchanged.