SB 1586
Initials JH Page 1 Government
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
Senate: RAGE DP 4-3-0-0 | 3
rd
Read: 17-12-1-0
SB 1586: gender transition procedures; provider liability
Sponsor: Senator Shamp, LD 29
Committee on Government
Overview
Makes healthcare professionals personally and strictly liable for costs and damages related
to detransition procedures for minors who underwent gender transition and allows affected
individuals to bring a civil action for compensation within specified time limits.
History
Laws 2022, Chapter 104 made it illegal for a physician to perform irreversible gender
reassignment surgery on minors. Irreversible gender reassignment surgery is a medical
procedure performed for the purpose of assisting an individual with a gender transition,
including 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 prostheses for biologically female patients; or
3) augmentation mammoplasty for biologically male patients and subcutaneous
mastectomy for female patients (A.R.S. § 32-3230).
Provisions
1. Makes a healthcare professional or physician who provides or has provided a minor with
a gender transition procedure strictly and personally liable for all costs associated with
subsequent detransition procedures within 25 years after the gender transition
procedure. (Sec. 1)
2. Allows a person who undergoes a detransition procedure to bring a civil action before they
reach 26 years old against a healthcare professional or physician for:
a) the real value of the costs of any detransition procedure;
b) any other appropriate relief; and
c) attorney fees and costs. (Sec. 1)
3. Establishes a period of 25 years after the date of a gender transition procedure during
which the healthcare professional or physician who performed the procedure is strictly
liable to the minor if the treatment or after-effects of the treatment result in injury,
including physical, psychological, emotional or physiological harms. (Sec. 1)
4. Allows a person or their legal guardian to bring a civil action within 8 years after their
18th
birthday or within 4 years after the discovery of the injury and the casual
relationship between the treatment and the injury, whichever is later. (Sec. 1)
5. States a person or their legal guardian can bring a civil action for:
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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. (Sec. 1)
6. Prohibits a physician from seeking a contractual waiver of the liability prescribed by this
act and clarifies that any waiver is contrary to the public policy of this state and is null
and void. (Sec. 1)