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AR HB1916

Bill

Status

Passed

4/22/2025

Primary Sponsor

Mary Bentley

Click for details

Origin

House of Representatives

95th General Assembly (2025 Regular)

AI Summary

  • 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

  • Healthcare professionals and mental health professionals who perform these interventions on minors can be held liable for physical, psychological, emotional, or physiological injuries

  • 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

  • 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

  • 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

Committee Referrals

Judiciary4/9/2025
Judiciary3/31/2025

Full Bill Text

No bill text available