H.R. 653: Protect Minors from Medical Malpractice Act of 2025

This bill, titled the Protect Minors from Medical Malpractice Act of 2025, is designed to address medical procedures related to gender transition for individuals under the age of 18. Below is a summary of its main provisions:

Private Right of Action

• Medical practitioners performing gender-transition procedures on minors can be held liable if the individual experiences any form of harm, including physical, psychological, emotional, or physiological injuries.
• Minors and their representatives can file lawsuits against these practitioners within 30 years after the individual turns 18. The lawsuits may seek:
  • Declaratory or injunctive relief
  • Compensatory damages
  • Punitive damages
  • Attorney's fees and costs

Circumstances for Liability

Liability applies when any of the following conditions are met:

• The medical procedures involved interstate or foreign commerce.
• The medical practitioner used means of interstate commerce in performing the procedures.
• Any payment related to the procedures was made using interstate commerce.
• Communications about the procedures involved interstate commerce.
• Instruments or materials used in the procedures were obtained through interstate commerce.
• The procedures took place in specific U.S. jurisdictions or territories.
• Overall conduct impacted interstate or foreign commerce.

Freedom of Conscience for Medical Providers

Medical practitioners cannot be mandated by federal law to perform gender-transition procedures, thereby preserving their right to make medical judgments based on personal or professional convictions.

Federal Funding Restrictions for States

States that require medical practitioners to perform any gender-transition procedures will be ineligible to receive federal funding from the Department of Health and Human Services.

Definitions

• Biological Sex: Defined by genetic characteristics and the body's reproductive structure, independent of personal identity.
• Gender-Transition Procedure: Includes:
  • Administration of puberty-blocking drugs
  • Administration of cross-sex hormones
  • Surgical procedures for transitioning
• Exceptions apply for certain medical conditions such as:
  • Individuals with ambiguous biological sex characteristics.
  • Those with specific genetic or hormonal disorders.
  • Conditions posing immediate health risks necessitating intervention.
• Medical Practitioner: Any licensed person authorized to provide healthcare.

Effective Date

The bill would take effect upon enactment.

Relevant Companies

None found