,,ii  #aaith ,,congress  #ast ,session  
,s4 #bji  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,january #bc1       
#bjbe,mr4 ,cotton 7for himself1 ,mr4    
,banks1 ,mr4 ,sheehy1 and ,mr4 ,mullin7 
introduced the following bill2 which was
 read twice and referred to the         
,committee on the ,judiciary  ,a ,,bill 
,to protect children from medical       
malpractice in the form of              
gender-transition procedures4  #a4      
,short title ,this ,act may be cited as 
the ,protecting ,minors from ,medical   
,malpractice ,act of #bjbe4  #b4        
,private right of action for a          
gender-transition procedure performed on
 a minor  7a7 ,in general ,a medical    
practitioner1 in any circumstance       
described in subsection 7c71 who        
performs a gender-transition procedure  
on an individual who is less than #ah   
years of age shall1 as described in     
subsection 7b71 be liable to the        
individual if injured 7including any    
physical1 psychological1 emotional1 or  

physiological harms7 by such procedure1 
related treatment1 or the aftereffects  
of the procedure or treatment4  7b7     
,private right of action ,an individual 
covered by subsection 7a7 who receives a
 gender-transition procedure from a     
medical practitioner 7or a              
representative1 including a legal       
guardian1 on behalf of such individual7 
may1 not later than the day that is #cj 
years after the date on which the       
individual turns #ah years of age1 bring
 a civil action against such medical    
practitioner in a court of competent    
jurisdiction for-- 7#a7 declaratory or  
injunctive relief2  7#b7 compensatory   
damages2  7#c7 punitive damages2 and    
7#d7 attorney's fees and costs4  7c7    
,circumstances ,for the purposes of     
subsection 7a71 the circumstances       
described in this subsection are that-- 
7#a7 the medical practitioner or the    
individual receiving the                
gender-transition procedure traveled in 
interstate or foreign commerce1 or      

traveled using a means1 channel1        
facility1 or instrumentality of         
interstate or foreign commerce1 in      
furtherance of or in connection with the
 conduct described in subsection 7a72   
7#b7 the medical practitioner used a    
means1 channel1 facility1 or            
instrumentality of interstate or foreign
 commerce in furtherance of or in       
connection with the conduct described in
 subsection 7a72  7#c7 any payment of   
any kind was made1 directly or          
indirectly1 in furtherance of or in     
connection with the conduct described in
 subsection 7a7 using any means1        
channel1 facility1 or instrumentality of
 interstate or foreign commerce or in or
 affecting interstate or foreign        
commerce2  7#d7 the medical practitioner
 transmitted in interstate or foreign   
commerce any communication relating to  
or in furtherance of the conduct        
described in subsection 7a7 using any   
means1 channel1 facility1 or            
instrumentality of interstate or foreign

 commerce or in or affecting interstate 
or foreign commerce by any means or in  
any manner1 including by computer1 mail1
 wire1 or electromagnetic transmission2 
7#e7 any instrument1 item1 substance1 or
 other object that has traveled in      
interstate or foreign commerce was used 
to perform the conduct described in     
subsection 7a72  7#f7 the conduct       
described in subsection 7a7 occurred    
within the special maritime and         
territorial jurisdiction of the ,united 
,states1 or any territory or possession 
of the ,united ,states2 or  7#g7 the    
conduct described in subsection 7a7     
otherwise occurred in or affected       
interstate or foreign commerce4  #c4    
,preserving freedom of conscience and   
medical judgement for medical providers 
,notwithstanding any other provision of 
law1 no provision of ,federal law shall 
require1 or be construed to require1 a  
medical practitioner to perform a       
gender-transition procedure4  #d4       
,prohibition on funding for certain     

,states ,notwithstanding any other      
provision of law1 any ,state that       
requires medical practitioners to       
perform any gender-transition procedure 
on an individual in the ,state shall be 
ineligible to receive any ,federal      
funding from the ,department of ,health 
and ,human ,services4  #e4 ,definitions 
,in this ,act3 7#a7 ,biological sex ,the
 term biological sex means the genetic  
classification of an individual as male 
or female1 as reflected in the          
organization of the body of such        
individual for a reproductive role or   
capacity1 such as through sex           
chromosomes1 naturally occurring sex    
hormones1 and internal and external     
genitalia present at birth1 without     
regard to the subjective sense of       
identity of the individual4  7#b7       
,gender-transition procedure  7,a7 ,in  
general ,except as provided in          
subparagraph 7,b71 the term             
gender-transition procedure means-- 7i7 
the prescription or administration of   

puberty-blocking drugs for the purpose  
of changing the body of an individual so
 that it conforms to the subjective     
sense of identity of the individual1 in 
the case such identity is at odds with  
the individual's biological sex2  7ii7  
the prescription or administration of   
cross-sex hormones for the purpose of   
changing the body of an individual so   
that it conforms to the subjective sense
 of identity of the individual1 in the  
case such identity is at odds with the  
individual's biological sex2 or  7iii7 a
 surgery to change the body of an       
individual so that it conforms to the   
subjective sense of identity of the     
individual1 in the case such identity is
 at odds with the individual's          
biological sex4  7,b7 ,exception ,the   
term gender-transition procedure does   
not include-- 7i7 an intervention       
described in subparagraph 7,a7 that is  
performed on-- 7,i7 an individual with  
biological sex characteristics that are 
inherently ambiguous1 such as those born

 with #df ,,xx chromosomes with         
virilization1 #df ,,xy chromosomes with 
undervirilization1 or having both       
ovarian and testicular tissue2 or       
7,,ii7 an individual with respect to    
whom a physician has determined through 
genetic or biochemical testing that the 
individual does not have normal sex     
chromosome structure1 sex steroid       
hormone production1 or sex steroid      
hormone action1 for a biological male or
 biological female2  7ii7 the treatment 
of any infection1 injury1 disease1 or   
disorder that has been caused or        
exacerbated by the performance of an    
intervention described in subparagraph  
7,a7 without regard to whether the      
intervention was performed in accordance
 with ,state or ,federal law or whether 
the intervention is covered by the      
private right of action under section   
#b2 or  7iii7 any procedure undertaken  
because the individual suffers from a   
physical disorder1 physical injury1 or  
physical illness that would1 as         

certified by a physician1 place the     
individual in imminent danger of death  
or impairment of major bodily function  
unless the procedure is performed4  7#c7
 ,medical practitioner ,the term medical
 practitioner means a person who is     
licensed1 certified1 or otherwise       
authorized by the laws of a ,state to   
administer health care in the ordinary  
course of the practice of the person's  
profession4  #f4 ,effective date ,this  
,act shall take effect on the date of   
enactment of this ,act4