Assigned to RAGE FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
FACT SHEET FOR S.B. 1586
gender transition procedures; provider liability
Purpose
Imposes civil liability on health care professionals or physicians relating to gender
transition or detransition procedures provided to minors.
Background
Statute sets the grounds for which a medical malpractice action may be brought forward.
A medical malpractice action is an action for injury or death against a licensed health care provider
based upon such provider's alleged negligence, misconduct, errors or omissions, or breach of
contract in the rendering of health care, medical services, nursing services or other health-related
services or for the rendering of such health care, medical services, nursing services or other
health-related services, without express or implied consent (A.R.S. §§ 12-561 and 12-562).
Currently, a physician may not provide irreversible gender reassignment surgery to any
individual who is under 18 years of age. Irreversible gender reassignment surgery is a medical
procedure performed for the purpose of assisting an individual with a gender transition and
includes any of the following: 1) penectomy, orchiectomy, vaginoplasty, clitoroplasty or
vulvoplasty for biologically male patients or hysterectomy or ovariectomy for biologically female
patients; 2) metoidioplasty, phalloplasty, vaginectomy, scrotoplasty or implantation of erection or
testicular protheses for biologically female patients; and 3) augmentation mammoplasty for
biologically male patients and subcutaneous mastectomy for female patients (A.R.S. § 32-3230).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. States that a health care professional or physician who provides or provided a minor with a
gender transition procedure is strictly and personally liable for all costs associated with
subsequent detransition procedures sought by the minor within 25 years after the
commencement of a gender transition procedure.
2. Allows a person who undergoes a detransition procedure, before turning 26 years of age, to
bring a civil action lawsuit against a health care professional or physician who provided the
gender transition procedure in a court of competent jurisdiction for:
a) the real value of the costs of any detransition procedure;
b) any other appropriate relief; and
c) attorney fees and costs. FACT SHEET
S.B. 1586
Page 2
3. States that a health care professional or physician who provides or who has provided a minor
with a gender transition procedure is strictly liable to that minor if the treatment or aftereffects
of the treatment, including a subsequent detransition procedure, result in any injury, including
physical, psychological, emotional or physiological harms, within 25 years after the date of the
gender transition procedure.
4. Allows a person injured by a gender transition or detransition procedure or the person's legal
guardian to bring a civil action lawsuit either within the eight years after the person's 18th
birthday or within four years after the discovery of both the injury and the causal relationship
between the treatment and the injury, whichever is later, against the offending health care
professional or physician in a court of competent jurisdiction for:
a) declaratory or injunctive relief;
b) compensatory damages, including pain and suffering, loss of reputation, loss of income
and loss of consortium, including the loss of the expectation of sharing parenthood;
c) punitive damages;
d) attorney fees and costs; and
e) any other appropriate relief.
5. Prohibits a health care professional or physician from seeking a contractual waiver of the
liability for gender transition or detransition procedures.
6. Deems null and void any waiver that is contrary to the public policy of Arizona.
7. Becomes effective on the general effective date.
Prepared by Senate Research
February 17, 2025
JT/KP/ci