Text of US HB 653 (2025)

I 119TH CONGRESS 1ST SESSION H. R. 653 To protect children from medical malpractice in the form of gender transition procedures. IN THE HOUSE OF REPRESENTATIVES JANUARY 23, 2025 Mr. BABIN (for himself and Mr. MCCORMICK) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, Education and Workforce, Natural Resources, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provi- sions as fall within the jurisdiction of the committee concerned A BILL To protect children from medical malpractice in the form of gender transition procedures. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Protect Minors from 4 Medical Malpractice Act of 2025’’. 5 VerDate Sep 11 2014 21:09 Feb 19, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H653.IH H653 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •HR 653 IH SEC. 2. PRIVATE RIGHT OF ACTION FOR A GENDER-TRANSI- 1 TION PROCEDURE PERFORMED ON A MINOR. 2 (a) IN GENERAL.—A medical practitioner, in any cir- 3 cumstance described in subsection (c), who performs a 4 gender-transition procedure on an individual who is less 5 than 18 years of age shall, as described in subsection (b), 6 be liable to the individual if injured (including any phys- 7 ical, psychological, emotional, or physiological harms) by 8 such procedure, related treatment, or the after effects of 9 the procedure or treatment. 10 (b) PRIVATE RIGHT OF ACTION.—An individual cov- 11 ered by subsection (a) who receives a gender-transition 12 procedure from a medical practitioner (or a representative, 13 including a legal guardian, on behalf of such individual) 14 may, not later than the day that is 30 years after the date 15 on which the individual turns 18 years of age, bring a civil 16 action against such medical practitioner in a court of com- 17 petent jurisdiction for— 18 (1) declaratory or injunctive relief; 19 (2) compensatory damages; 20 (3) punitive damages; and 21 (4) attorney’s fees and costs. 22 (c) CIRCUMSTANCES.—For the purposes of sub- 23 section (a), the circumstances described in this subsection 24 are that— 25 VerDate Sep 11 2014 21:09 Feb 19, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H653.IH H653 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •HR 653 IH (1) the medical practitioner or the individual re- 1 ceiving the gender-transition procedure traveled in 2 interstate or foreign commerce, or traveled using a 3 means, channel, facility, or instrumentality of inter- 4 state or foreign commerce, in furtherance of or in 5 connection with the conduct described in subsection 6 (a); 7 (2) the medical practitioner used a means, 8 channel, facility, or instrumentality of interstate or 9 foreign commerce in furtherance of or in connection 10 with the conduct described in subsection (a); 11 (3) any payment of any kind was made, directly 12 or indirectly, in furtherance of or in connection with 13 the conduct described in subsection (a) using any 14 means, channel, facility, or instrumentality of inter- 15 state or foreign commerce or in or affecting inter- 16 state or foreign commerce; 17 (4) the medical practitioner transmitted in 18 interstate or foreign commerce any communication 19 relating to or in furtherance of the conduct de- 20 scribed in subsection (a) using any means, channel, 21 facility, or instrumentality of interstate or foreign 22 commerce or in or affecting interstate or foreign 23 commerce by any means or in any manner, including 24 VerDate Sep 11 2014 21:09 Feb 19, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H653.IH H653 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •HR 653 IH by computer, mail, wire, or electromagnetic trans- 1 mission; 2 (5) any instrument, item, substance, or other 3 object that has traveled in interstate or foreign com- 4 merce was used to perform the conduct described in 5 subsection (a); 6 (6) the conduct described in subsection (a) oc- 7 curred within the special maritime and territorial ju- 8 risdiction of the United States, or any territory or 9 possession of the United States; or 10 (7) the conduct described in subsection (a) oth- 11 erwise occurred in or affected interstate or foreign 12 commerce. 13 SEC. 3. PRESERVING FREEDOM OF CONSCIENCE AND MED- 14 ICAL JUDGEMENT FOR MEDICAL PROVIDERS. 15 Notwithstanding any other provision of law, no provi- 16 sion of Federal law shall require, or be construed to re- 17 quire, a medical practitioner to perform a gender-transi- 18 tion procedure. 19 SEC. 4. PROHIBITION ON FUNDING FOR CERTAIN STATES. 20 Notwithstanding any other provision of law, any 21 State that requires medical practitioners to perform any 22 gender-transition procedure on an individual in the State 23 shall be ineligible to receive any Federal funding from the 24 Department of Health and Human Services. 25 VerDate Sep 11 2014 21:09 Feb 19, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H653.IH H653 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 •HR 653 IH SEC. 5. DEFINITIONS. 1 In this Act: 2 (1) BIOLOGICAL SEX.—The term ‘‘biological 3 sex’’ means the genetic classification of an individual 4 as male or female, as reflected in the organization 5 of the body of such individual for a reproductive role 6 or capacity, such as through sex chromosomes, natu- 7 rally occurring sex hormones, and internal and ex- 8 ternal genitalia present at birth, without regard to 9 the subjective sense of identity of the individual. 10 (2) GENDER-TRANSITION PROCEDURE.— 11 (A) IN GENERAL.—Except as provided in 12 subparagraph (B), the term ‘‘gender-transition 13 procedure’’ means— 14 (i) the prescription or administration 15 of puberty-blocking drugs for the purpose 16 of changing the body of an individual so 17 that it conforms to the subjective sense of 18 identity of the individual, in the case such 19 identity is at odds with the individual’s bi- 20 ological sex; 21 (ii) the prescription or administration 22 of cross-sex hormones for the purpose of 23 changing the body of an individual so that 24 it conforms to the subjective sense of iden- 25 tity of the individual, in the case such 26 VerDate Sep 11 2014 21:09 Feb 19, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H653.IH H653 kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 •HR 653 IH identity is at odds with the individual’s bi- 1 ological sex; or 2 (iii) a surgery to change the body of 3 an individual so that it conforms to the 4 subjective sense of identity of the indi- 5 vidual, in the case such identity is at odds 6 with the individual’s biological sex. 7 (B) EXCEPTION.—The term ‘‘gender-tran- 8 sition procedure’’ does not include— 9 (i) an intervention described in sub- 10 paragraph (A) that is performed on— 11 (I) an individual with biological 12 sex characteristics that are inherently 13 ambiguous, such as those born with 14 46 XX chromosomes with virilization, 15 46 XY chromosomes with 16 undervirilization, or having both ovar- 17 ian and testicular tissue; or 18 (II) an individual with respect to 19 whom a physician has determined 20 through genetic or biochemical testing 21 that the individual does not have nor- 22 mal sex chromosome structure, sex 23 steroid hormone production, or sex 24 VerDate Sep 11 2014 21:09 Feb 19, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H653.IH H653 kjohnson on DSK7ZCZBW3PROD with $$_JOB 7 •HR 653 IH steroid hormone action, for a biologi- 1 cal male or biological female; 2 (ii) the treatment of any infection, in- 3 jury, disease, or disorder that has been 4 caused or exacerbated by the performance 5 of an intervention described in subpara- 6 graph (A) without regard to whether the 7 intervention was performed in accordance 8 with State or Federal law or whether the 9 intervention is covered by the private right 10 of action under section 2; or 11 (iii) any procedure undertaken be- 12 cause the individual suffers from a physical 13 disorder, physical injury, or physical illness 14 that would, as certified by a physician, 15 place the individual in imminent danger of 16 death or impairment of major bodily func- 17 tion unless the procedure is performed. 18 (3) MEDICAL PRACTITIONER.—The term ‘‘med- 19 ical practitioner’’ means a person who is licensed, 20 certified, or otherwise authorized by the laws of a 21 State to administer health care in the ordinary 22 course of the practice of the person’s profession. 23 VerDate Sep 11 2014 21:09 Feb 19, 2025 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H653.IH H653 kjohnson on DSK7ZCZBW3PROD with $$_JOB 8 •HR 653 IH SEC. 6. EFFECTIVE DATE. 1 This Act shall take effect on the date of enactment 2 of this Act. 3 Æ VerDate Sep 11 2014 21:09 Feb 19, 2025 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H653.IH H653 kjohnson on DSK7ZCZBW3PROD with $$_JOB