Us Congress 2025-2026 Regular Session

Us Congress House Bill HB653 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	I
2	2	119THCONGRESS
3	3	1
4	4	STSESSION H. R. 653
5	5	To protect children from medical malpractice in the form of gender transition
6	6	procedures.
7	7	IN THE HOUSE OF REPRESENTATIVES
8	8	JANUARY23, 2025
9	9	Mr. B
10	10	ABIN(for himself and Mr. MCCORMICK) introduced the following bill;
11	11	which was referred to the Committee on Energy and Commerce, and in
12	12	addition to the Committees on the Judiciary, Education and Workforce,
13	13	Natural Resources, and Ways and Means, for a period to be subsequently
14	14	determined by the Speaker, in each case for consideration of such provi-
15	15	sions as fall within the jurisdiction of the committee concerned
16	16	A BILL
17	17	To protect children from medical malpractice in the form
18	18	of gender transition procedures.
19	19	Be it enacted by the Senate and House of Representa-1
20	20	tives of the United States of America in Congress assembled, 2
21	21	SECTION 1. SHORT TITLE. 3
22	22	This Act may be cited as the ‘‘Protect Minors from 4
23	23	Medical Malpractice Act of 2025’’. 5
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26	26	•HR 653 IH
27	27	SEC. 2. PRIVATE RIGHT OF ACTION FOR A GENDER-TRANSI-1
28	28	TION PROCEDURE PERFORMED ON A MINOR. 2
29	29	(a) I
30	30	NGENERAL.—A medical practitioner, in any cir-3
31	31	cumstance described in subsection (c), who performs a 4
32	32	gender-transition procedure on an individual who is less 5
33	33	than 18 years of age shall, as described in subsection (b), 6
34	34	be liable to the individual if injured (including any phys-7
35	35	ical, psychological, emotional, or physiological harms) by 8
36	36	such procedure, related treatment, or the after effects of 9
37	37	the procedure or treatment. 10
38	38	(b) P
39	39	RIVATERIGHT OFACTION.—An individual cov-11
40	40	ered by subsection (a) who receives a gender-transition 12
41	41	procedure from a medical practitioner (or a representative, 13
42	42	including a legal guardian, on behalf of such individual) 14
43	43	may, not later than the day that is 30 years after the date 15
44	44	on which the individual turns 18 years of age, bring a civil 16
45	45	action against such medical practitioner in a court of com-17
46	46	petent jurisdiction for— 18
47	47	(1) declaratory or injunctive relief; 19
48	48	(2) compensatory damages; 20
49	49	(3) punitive damages; and 21
50	50	(4) attorney’s fees and costs. 22
51	51	(c) C
52	52	IRCUMSTANCES.—For the purposes of sub-23
53	53	section (a), the circumstances described in this subsection 24
54	54	are that— 25
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57	57	•HR 653 IH
58	58	(1) the medical practitioner or the individual re-1
59	59	ceiving the gender-transition procedure traveled in 2
60	60	interstate or foreign commerce, or traveled using a 3
61	61	means, channel, facility, or instrumentality of inter-4
62	62	state or foreign commerce, in furtherance of or in 5
63	63	connection with the conduct described in subsection 6
64	64	(a); 7
65	65	(2) the medical practitioner used a means, 8
66	66	channel, facility, or instrumentality of interstate or 9
67	67	foreign commerce in furtherance of or in connection 10
68	68	with the conduct described in subsection (a); 11
69	69	(3) any payment of any kind was made, directly 12
70	70	or indirectly, in furtherance of or in connection with 13
71	71	the conduct described in subsection (a) using any 14
72	72	means, channel, facility, or instrumentality of inter-15
73	73	state or foreign commerce or in or affecting inter-16
74	74	state or foreign commerce; 17
75	75	(4) the medical practitioner transmitted in 18
76	76	interstate or foreign commerce any communication 19
77	77	relating to or in furtherance of the conduct de-20
78	78	scribed in subsection (a) using any means, channel, 21
79	79	facility, or instrumentality of interstate or foreign 22
80	80	commerce or in or affecting interstate or foreign 23
81	81	commerce by any means or in any manner, including 24
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84	84	•HR 653 IH
85	85	by computer, mail, wire, or electromagnetic trans-1
86	86	mission; 2
87	87	(5) any instrument, item, substance, or other 3
88	88	object that has traveled in interstate or foreign com-4
89	89	merce was used to perform the conduct described in 5
90	90	subsection (a); 6
91	91	(6) the conduct described in subsection (a) oc-7
92	92	curred within the special maritime and territorial ju-8
93	93	risdiction of the United States, or any territory or 9
94	94	possession of the United States; or 10
95	95	(7) the conduct described in subsection (a) oth-11
96	96	erwise occurred in or affected interstate or foreign 12
97	97	commerce. 13
98	98	SEC. 3. PRESERVING FREEDOM OF CONSCIENCE AND MED-14
99	99	ICAL JUDGEMENT FOR MEDICAL PROVIDERS. 15
100	100	Notwithstanding any other provision of law, no provi-16
101	101	sion of Federal law shall require, or be construed to re-17
102	102	quire, a medical practitioner to perform a gender-transi-18
103	103	tion procedure. 19
104	104	SEC. 4. PROHIBITION ON FUNDING FOR CERTAIN STATES. 20
105	105	Notwithstanding any other provision of law, any 21
106	106	State that requires medical practitioners to perform any 22
107	107	gender-transition procedure on an individual in the State 23
108	108	shall be ineligible to receive any Federal funding from the 24
109	109	Department of Health and Human Services. 25
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112	112	•HR 653 IH
113	113	SEC. 5. DEFINITIONS. 1
114	114	In this Act: 2
115	115	(1) B
116	116	IOLOGICAL SEX.—The term ‘‘biological 3
117	117	sex’’ means the genetic classification of an individual 4
118	118	as male or female, as reflected in the organization 5
119	119	of the body of such individual for a reproductive role 6
120	120	or capacity, such as through sex chromosomes, natu-7
121	121	rally occurring sex hormones, and internal and ex-8
122	122	ternal genitalia present at birth, without regard to 9
123	123	the subjective sense of identity of the individual. 10
124	124	(2) G
125	125	ENDER-TRANSITION PROCEDURE .— 11
126	126	(A) I
127	127	N GENERAL.—Except as provided in 12
128	128	subparagraph (B), the term ‘‘gender-transition 13
129	129	procedure’’ means— 14
130	130	(i) the prescription or administration 15
131	131	of puberty-blocking drugs for the purpose 16
132	132	of changing the body of an individual so 17
133	133	that it conforms to the subjective sense of 18
134	134	identity of the individual, in the case such 19
135	135	identity is at odds with the individual’s bi-20
136	136	ological sex; 21
137	137	(ii) the prescription or administration 22
138	138	of cross-sex hormones for the purpose of 23
139	139	changing the body of an individual so that 24
140	140	it conforms to the subjective sense of iden-25
141	141	tity of the individual, in the case such 26
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144	144	•HR 653 IH
145	145	identity is at odds with the individual’s bi-1
146	146	ological sex; or 2
147	147	(iii) a surgery to change the body of 3
148	148	an individual so that it conforms to the 4
149	149	subjective sense of identity of the indi-5
150	150	vidual, in the case such identity is at odds 6
151	151	with the individual’s biological sex. 7
152	152	(B) E
153	153	XCEPTION.—The term ‘‘gender-tran-8
154	154	sition procedure’’ does not include— 9
155	155	(i) an intervention described in sub-10
156	156	paragraph (A) that is performed on— 11
157	157	(I) an individual with biological 12
158	158	sex characteristics that are inherently 13
159	159	ambiguous, such as those born with 14
160	160	46 XX chromosomes with virilization, 15
161	161	46 XY chromosomes with 16
162	162	undervirilization, or having both ovar-17
163	163	ian and testicular tissue; or 18
164	164	(II) an individual with respect to 19
165	165	whom a physician has determined 20
166	166	through genetic or biochemical testing 21
167	167	that the individual does not have nor-22
168	168	mal sex chromosome structure, sex 23
169	169	steroid hormone production, or sex 24
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172	172	•HR 653 IH
173	173	steroid hormone action, for a biologi-1
174	174	cal male or biological female; 2
175	175	(ii) the treatment of any infection, in-3
176	176	jury, disease, or disorder that has been 4
177	177	caused or exacerbated by the performance 5
178	178	of an intervention described in subpara-6
179	179	graph (A) without regard to whether the 7
180	180	intervention was performed in accordance 8
181	181	with State or Federal law or whether the 9
182	182	intervention is covered by the private right 10
183	183	of action under section 2; or 11
184	184	(iii) any procedure undertaken be-12
185	185	cause the individual suffers from a physical 13
186	186	disorder, physical injury, or physical illness 14
187	187	that would, as certified by a physician, 15
188	188	place the individual in imminent danger of 16
189	189	death or impairment of major bodily func-17
190	190	tion unless the procedure is performed. 18
191	191	(3) M
192	192	EDICAL PRACTITIONER.—The term ‘‘med-19
193	193	ical practitioner’’ means a person who is licensed, 20
194	194	certified, or otherwise authorized by the laws of a 21
195	195	State to administer health care in the ordinary 22
196	196	course of the practice of the person’s profession. 23
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199	199	•HR 653 IH
200	200	SEC. 6. EFFECTIVE DATE. 1
201	201	This Act shall take effect on the date of enactment 2
202	202	of this Act. 3
203	203	Æ
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