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AR HB1916
Bill
Status
4/22/2025
Primary Sponsor
Mary Bentley
Click for details
AI Summary
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Expands Arkansas's Protecting Minors from Medical Malpractice Act of 2023 to add "gender-affirming interventions" (puberty blockers and cross-sex hormone therapy) as grounds for medical malpractice lawsuits alongside existing coverage of gender transition procedures
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Healthcare professionals and mental health professionals who perform these interventions on minors can be held liable for physical, psychological, emotional, or physiological injuries
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Injured minors or their representatives may sue for declaratory/injunctive relief, compensatory damages, punitive damages, and attorney's fees, with a 15-year statute of limitations after the minor turns 18
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Establishes a safe harbor defense requiring: 2 years of documented gender inconsistency, certification from at least 2 healthcare professionals that no other mental health concerns exist, and voluntary informed consent
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Mandates extensive verbal and written disclosures at least 30 days before treatment and during subsequent visits for 6 months, including warnings about risks, European medical authority findings, regret rates, and specific health risks of puberty blockers and cross-sex hormones
Legislative Description
To Amend The Protecting Minors From Medical Malpractice Act Of 2023; And To Include Gender-affirming Interventions As A Right Of Action For Medical Malpractice.
Last Action
Notification that HB1916 is now Act 979
4/22/2025