This bill would prohibit gender transition procedures for individuals under 18. It defines "gender transition procedure" broadly to include puberty blockers, supraphysiologic hormones, many listed surgeries and other medical or cosmetic interventions. The prohibition applies when the conduct touches interstate or foreign commerce, uses channels of interstate commerce, involves travel in interstate commerce, uses interstate-traveled items, occurs in U.S. territorial jurisdiction, or otherwise occurs in interstate or foreign commerce.
The Secretary of Health and Human Services may impose civil monetary penalties after notice and an opportunity for a hearing. The bill sets a minimum civil penalty of $100,000 for each violation. The bill creates a "Victims of Gender Transition Procedures Compensation Fund" to receive amounts collected and makes those amounts available to carry out a federal grant program to support detransition services.
The bill also creates a private right of action. An individual who received a prohibited procedure as a minor, or the parent, guardian, or caretaker of such an individual, may sue for damages including compensatory, non-economic, and in some cases punitive damages. The bill includes a statute of limitations of up to 25 years from the individual’s 18th birthday or 4 years from the cost of detransition treatment, whichever is later. The bill lists specific exceptions (for some disorders of sex development, certain medical emergencies, treatment of complications, normalizing treatment for precocious puberty, male circumcision, and other narrowly defined care).
The bill requires a federal grant program to fund nonprofit entities that provide medical advice, referrals, education, employment assistance, and voluntary mental health or substance use services to people seeking to reverse prior gender transition procedures. Grantees must meet privacy rules, not charge individuals for services provided under the grant, and may not perform or refer for gender transition procedures or (with limited exceptions) abortions.
The bill states its purpose is to prohibit gender transition procedures for minors and to support, encourage, and assist individuals in efforts to reverse gender transition procedures. It authorizes penalties for providers who perform such procedures on minors and authorizes a grant program and a compensation fund to help people seeking detransition services.
No publicly available information.