119-hr653

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 653 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 653

 To protect children from medical malpractice in the form of gender 
 transition procedures.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 January 23, 2025

 Mr. Babin (for himself and Mr. McCormick) introduced the following 
 bill; which was referred to the Committee on Energy and Commerce, and 
 in addition to the Committees on the Judiciary, Education and 
 Workforce, Natural Resources, and Ways and Means, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
 of such provisions as fall within the jurisdiction of the committee 
 concerned

_______________________________________________________________________

 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 ``Protect Minors from Medical 
Malpractice Act of 2025''.

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 after effects 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.
 <all>