An effort to effectively reinstate a ban on gender-confirming treatments for minors blocked by Arkansas and make it easier to sue doctors who provide such treatments was approved by lawmakers on Wednesday.
A bill approved by the House of Representatives allows people who received gender-positive care as a minor to file a malpractice lawsuit against a doctor for up to 15 years after they turn 18. What the law calls an “injury”. The bill is now heading to the desk of Arkansas Governor Sarah Huckabee Sanders.
As a federal judge, the proposed action could temporarily block state laws prohibiting physicians from providing gender-affirming hormone therapy or puberty blockers to anyone under the age of 18, or else they could provide that care. We are considering whether to refer them to a doctor in the state. Sex reassignment surgery is not performed on minors in the state.
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Republican Rep. Mary Bentley, the House sponsor of the bill, said the measure “provides a much-needed safeguard before life-changing healthcare begins.”
The proposal, which other states are considering as part of a ban on caring for transgender children, would represent a major shift in how most malpractice claims are considered, legal experts say. The bill could make it nearly impossible for some health care providers to obtain malpractice insurance by expanding the liability that physicians face to provide such care. There is a possibility
Opponents of the bill called the malpractice clause unconstitutional, saying it discriminates against transgender youth in the same way Arkansas’ blocked ban does.
Democratic Rep. Ashley Hudson said before the vote, “The state is very likely to lose again in a lawsuit involving our ongoing attacks on these small and vulnerable children.
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The proposal is the latest in a growing body of legislation targeting transgender people who face increasingly hostile rhetoric in state legislatures. At least 175 bills targeting trans people have been introduced in state legislatures this year, the most in a year, according to the Human Rights Campaign.
Other bills passing through the Arkansas legislature include a bill criminalizing transgender adults using restrooms that match their gender identity if minors are present.
Arkansas was the first state to ban gender-affirming care for children with legislation enacted in 2021, and several states have followed suit since. Another Alabama ban was also temporarily blocked by a federal judge. Almost every major medical group, including the American Medical Association, opposes such a ban.
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The Republican House of Representatives, which holds a majority, approved the medical malpractice bill by a 76-17 vote, with one Republican member voting against. Another Republican legislator cast an attendance vote, which had the same effect as voting against the bill.