ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session
	Senate: RAGE DP 4-3-0-0 | 3^rd Read: 17-12-1-0 House: GOV DP 4-3-0-0

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SB 1586: gender transition procedures; provider liability

Sponsor: Senator Shamp, LD 29

Caucus & COW

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:

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)

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