Us Congress 2025-2026 Regular Session

Us Congress Senate Bill SB209

Introduced
1/23/25  

Caption

Protecting Minors from Medical Malpractice Act of 2025This bill makes a medical practitioner who performs a gender-transition procedure on an individual who is less than 18 years of age liable for any physical, psychological, emotional, or physiological harms from the procedure for 30 years after the individual turns 18.Additionally, if a state requires medical practitioners to perform gender-transition procedures, that state shall be ineligible for federal funding from the Department of Health and Human Services.Under the bill, gender-transition procedures generally include certain surgeries or hormone therapies that change the body of an individual to correspond to a sex that is discordant with the individual's biological sex. They exclude, however, interventions to treat (1) individuals who either have ambiguous external biological sex characteristics or lack a normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action; (2) infections, injuries, diseases, or disorders caused by a gender-transition procedure; or (3) a physical disorder, injury, or illness that places an individual in imminent danger of death or impairment of a major bodily function.

Impact

If enacted, SB209 would create a legal framework that could have significant implications for healthcare providers and minors seeking gender-affirming care. The bill allows individuals to file civil suits up to 30 years after turning 18, which could encourage legal challenges against practitioners and potentially dissuade them from providing such services. Additionally, it prohibits federal funding from being allocated to states that require medical practitioners to perform gender-transition procedures, effectively incentivizing states to align their laws with the stipulations of this bill.

Summary

SB209, titled the 'Protecting Minors from Medical Malpractice Act of 2025', seeks to impose substantial restrictions on gender-transition procedures for minors. It establishes a private right of action allowing individuals who receive such procedures to sue the medical practitioners for any harm resulting from these treatments. The bill defines 'gender-transition procedures' broadly, encompassing puberty-blocking drugs, cross-sex hormones, and surgeries intended to alter an individual’s physical characteristics to conform with their gender identity. The legislation emphasizes protecting children from what its proponents describe as potentially harmful medical practices.

Contention

The bill has sparked considerable debate among legislators, healthcare professionals, and advocacy groups. Proponents argue it is necessary to shield vulnerable minors from irreversible medical choices that they may regret later in life and to uphold the principle of medical accountability. Conversely, opponents contend that it infringes on personal freedoms, impedes healthcare access for transgender youths, and undermines the ability of medical practitioners to make informed, case-by-case decisions in line with established medical standards. This opposition raises ethical concerns about children's rights to receive necessary medical care and the autonomy of families in making healthcare decisions.

Congress_id

119-S-209

Policy_area

Health

Introduced_date

2025-01-23

Companion Bills

US HB653

Related Protect Minors from Medical Malpractice Act of 2025This bill makes a medical practitioner who performs a gender-transition procedure on an individual who is less than 18 years of age liable for any physical, psychological, emotional, or physiological harms from the procedure for 30 years after the individual turns 18.Additionally, if a state requires medical practitioners to perform gender-transition procedures, that state shall be ineligible for federal funding from the Department of Health and Human Services.Under the bill, gender-transition procedures generally include certain surgeries or hormone therapies that change the body of an individual to correspond to a sex that is discordant with the individual's biological sex. They exclude, however, interventions to treat (1) individuals who either have ambiguous external biological sex characteristics or lack a normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action; (2) infections, injuries, diseases, or disorders caused by a gender-transition procedure; or (3) a physical disorder, injury, or illness that places an individual in imminent danger of death or impairment of a major bodily function.

Previously Filed As

US HB481

Wildfire Smoke Relief Act This bill provides for assistance for the purchase of smoke inhalation prevention equipment to specified individuals at risk of wildfire smoke-related illness. The President, in carrying out the Transitional Sheltering Assistance Program of the Federal Emergency Management Agency (FEMA), shall provide (1) assistance to a state or local government, local public health authority, or a coordinated care organization to purchase and provide such equipment to at-risk individuals; and (2) cost-efficient transitional shelter assistance to at-risk individuals in any case in which such equipment is insufficient to mitigate the risk of illness.

US SB5477

A bill to establish Federal policies and procedures to notify the next of kin or other emergency contact upon the death, or serious illness or serious injury, of an individual in Federal custody, to provide model policies for States, units of local government, and Indian Tribes to implement and enforce similar policies and procedures, and for other purposes.

US SB5511

A bill to amend the Older Americans Act of 1965 to provide additional opportunities for older individuals to volunteer at facilities that serve older individuals or individuals in younger generations, and for other purposes.

US HB10367

To establish Federal policies and procedures to notify the next-of-kin or other emergency contact upon the death, or serious illness or serious injury, of an individual in Federal custody, to provide model policies for States, units of local government, and Indian Tribes to implement and enforce similar policies and procedures, and for other purposes.

US HB372

Protecting Life and Taxpayers Act of 2023 This bill requires federally funded entities to certify that they will not, subject to certain exceptions, perform abortions or provide funding to other entities that perform abortions. The bill provides exceptions for abortions (1) in cases of rape or incest; or (2) when the life of the woman is in danger due to a physical disorder, injury, or illness.

US HB133

Mandating Exclusive Review of Individual Treatments (MERIT) Act This bill specifies that coverage determinations for drugs and biologics under Medicare must be made with respect to each drug or biologic, rather than with respect to a class of drugs or biologics.

US HB12

Women's Health Protection Act of 2023 This bill prohibits governmental restrictions on the provision of, and access to, abortion services. Before fetal viability, governments may not restrict providers from using particular abortion procedures or drugs, offering abortion services via telemedicine, or immediately providing abortion services if delaying risks the patient's health. Furthermore, governments may not require providers to perform unnecessary medical procedures, provide medically inaccurate information, or comply with credentialing or other conditions that do not apply to providers who offer medically comparable services to abortions. Additionally, governments may not require patients to make medically unnecessary in-person visits before receiving abortion services or disclose their reasons for obtaining services. After fetal viability, governments may not restrict providers from performing abortions when necessary to protect a patient's life and health. The same provisions that apply to abortions before viability also apply to necessary abortions after viability. Additionally, states may authorize post-viability abortions in circumstances beyond those that the bill considers necessary. Further, the bill recognizes an individual's right to interstate travel, including for abortion services. The bill also prohibits governments from implementing measures that are similar to those restricted by the bill or that otherwise single out and impede access to abortion services, unless the measure significantly advances the safety of abortion services or health of patients and cannot be achieved through less restrictive means. The Department of Justice, individuals, or providers may sue states or government officials to enforce this bill, regardless of certain immunity that would otherwise apply.

US HB363

Second Amendment Protection Act This bill exempts certain individuals who use medical marijuana from federal firearms-related restrictions. Currently, federal firearms laws prohibit an individual who is an unlawful user of or addicted to a controlled substance from shipping, transporting, receiving, or possessing a firearm or ammunition. This bill exempts from the prohibition an individual who uses marijuana for a medical purpose in accordance with state law.

US HB86

Ending Catch and Release Act of 2023 This bill changes the treatment of certain non-U.S. nationals (aliens under federal law) without lawful immigration status, including by prohibiting the release of asylum seekers into the United States while their cases are pending. The Department of Homeland Security (DHS) may not (with some exceptions) release an individual who is not clearly entitled to admission into the United States while the individual's case is pending, even if the individual is an asylum seeker. DHS may instead detain the individual or return the individual to a neighboring country in certain situations. The bill also expands expedited removal from the United States (i.e., removal without further hearing or review) to include individuals present in the United States without being admitted, with certain exceptions. Under current law, individuals are subject to expedited removal if they lack proper documentation or obtained an immigration benefit through fraud; such individuals are still subject to expedited removal under the bill. The bill also modifies the standard for establishing a credible fear of persecution to avoid expedited removal. Generally, an asylum seeker may avoid expedited removal if an asylum officer finds such a credible fear. Under this bill, an officer may find credible fear if it is more likely than not the individual can establish their eligibility for asylum, whereas under current law, the officer may find credible fear if there is a significant possibility that the individual can establish their eligibility.

US HB175

Heartbeat Protection Act of 2023 This bill makes it a crime for a physician to knowingly perform an abortion (1) without determining whether the unborn child has a detectable heartbeat, (2) without informing the mother of the results, or (3) after determining that a unborn child has a detectable heartbeat. A physician who performs a prohibited abortion is subject to criminal penalties—a fine, up to five years in prison, or both. The bill provides an exception for an abortion that is necessary to save the life of a mother whose life is endangered by a physical (but not psychological or emotional) disorder, illness, or condition. It also provides exceptions for certain pregnancies that are the result of rape or incest. A physician who performs or attempts to perform an abortion under an exception must comply with specified requirements. A woman who undergoes a prohibited abortion may not be prosecuted for violating or conspiring to violate the provisions of this bill.

Similar Bills

IN SB0480

Gender transition procedures for minors.

IA SF110

A bill for an act relating to gender-transition procedures, and including effective date provisions.

IN HB1444

Gender transition procedures for minors.

US SB635

Protecting Minors from Medical Malpractice Act of 2023

VA SB153

Medical Ethics Defense Act; established.

VA HB8

Medical Ethics Defense Act; established.

US HB1276

Protect Minors from Medical Malpractice Act of 2023

US HB653

Protect Minors from Medical Malpractice Act of 2025This bill makes a medical practitioner who performs a gender-transition procedure on an individual who is less than 18 years of age liable for any physical, psychological, emotional, or physiological harms from the procedure for 30 years after the individual turns 18.Additionally, if a state requires medical practitioners to perform gender-transition procedures, that state shall be ineligible for federal funding from the Department of Health and Human Services.Under the bill, gender-transition procedures generally include certain surgeries or hormone therapies that change the body of an individual to correspond to a sex that is discordant with the individual's biological sex. They exclude, however, interventions to treat (1) individuals who either have ambiguous external biological sex characteristics or lack a normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action; (2) infections, injuries, diseases, or disorders caused by a gender-transition procedure; or (3) a physical disorder, injury, or illness that places an individual in imminent danger of death or impairment of a major bodily function.