Text of US SB 2907 (2025)

II 119TH CONGRESS 1ST SESSION S. 2907 To prohibit health care professionals, hospitals, or clinics from participating in the chemical or surgical mutilation of a child and to provide a private right of action for children and the parents of children whose healthy body parts have been damaged by medical professionals practicing chemical and surgical mutilation. IN THE SENATE OF THE UNITED STATES SEPTEMBER 18 (legislative day, SEPTEMBER 16), 2025 Mrs. BLACKBURN (for herself, Mr. SCHMITT, Mr. SHEEHY, and Mr. SCOTT of Florida) introduced the following bill; which was read twice and re- ferred to the Committee on Health, Education, Labor, and Pensions A BILL To prohibit health care professionals, hospitals, or clinics from participating in the chemical or surgical mutilation of a child and to provide a private right of action for children and the parents of children whose healthy body parts have been damaged by medical professionals prac- ticing chemical and surgical mutilation. 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 ‘‘Chloe Cole Act’’. 4 VerDate Sep 11 2014 04:07 Oct 01, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2907.IS S2907 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •S 2907 IS SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) CHEMICAL OR SURGICAL MUTILATION.— 3 (A) IN GENERAL.—The term ‘‘chemical or 4 surgical mutilation’’ means engaging in any one 5 or more of the following for the purpose of in- 6 tentionally halting the natural development of 7 the individual’s body so that it no longer cor- 8 responds to the individual’s sex or intentionally 9 changing the individual’s body, including the in- 10 dividual’s external appearance or biological 11 functions, to no longer correspond to the indi- 12 vidual’s sex: 13 (i) The use of puberty blockers, in- 14 cluding gonadotropin releasing hormone 15 agonists and other interventions, to delay 16 the onset or progression of normally timed 17 puberty in an individual. 18 (ii) The use of sex hormones, such as 19 androgen blockers, estrogen, progesterone, 20 or testosterone. 21 (iii) Surgical procedures that attempt 22 to transform an individual’s physical ap- 23 pearance or that attempt to alter or re- 24 move an individual’s sexual organs. 25 VerDate Sep 11 2014 04:07 Oct 01, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2907.IS S2907 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •S 2907 IS (B) EXCLUSIONS.—Such term does not in- 1 clude any of the following: 2 (i) Appropriate and medically nec- 3 essary procedures to treat a verifiable dis- 4 order of sexual development, including an 5 individual born with 46 XX chromosomes 6 with virilization, with 46 XY chromosomes 7 with undervirilization, or having both ovar- 8 ian and testicular tissue. 9 (ii) The treatment of any infection, in- 10 jury, disease, or disorder that has been 11 caused or exacerbated by the performance 12 of an intervention described in subpara- 13 graph (A) without regard to whether the 14 intervention was performed in accordance 15 with State or Federal law or whether the 16 intervention is covered by the private right 17 of action under section 4. 18 (iii) Any intervention undertaken be- 19 cause the individual suffers from any diag- 20 nosed and verifiable condition of the body’s 21 organ systems, including the following: 22 (I) Traumatic bodily injuries 23 (such as fractures, organ rupture, or 24 penetrating trauma). 25 VerDate Sep 11 2014 04:07 Oct 01, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2907.IS S2907 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •S 2907 IS (II) Congenital structural anoma- 1 lies of major organs or systems, in- 2 cluding the cardiovascular, res- 3 piratory, renal, hepatic, neurological, 4 or musculoskeletal systems. 5 (III) Acute illnesses with a high 6 probability of rapid mortality. 7 (iv) Detransition treatment. 8 (2) CHILD.—The term ‘‘child’’ means an indi- 9 vidual under 18 years of age. 10 (3) DETRANSITION TREATMENT.—The term 11 ‘‘detransition treatment’’ means any treatment, in- 12 cluding a mental health treatment, medical interven- 13 tion, or surgery, that does either or both of the fol- 14 lowing: 15 (A) Stops or reverses the effects of a prior 16 chemical or surgical mutilation. 17 (B) Helps an individual cope with the ef- 18 fects of a prior chemical or surgical mutilation. 19 (4) HEALTH CARE PROFESSIONAL.—The term 20 ‘‘health care professional’’ means a person, including 21 a physician, who is licensed, certified, or otherwise 22 authorized by the laws of a State to administer 23 health care in the ordinary course of the practice of 24 VerDate Sep 11 2014 04:07 Oct 01, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2907.IS S2907 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 •S 2907 IS his or her profession or performing such acts which 1 require such licensure. 2 (5) MENTAL HEALTH PROFESSIONAL.—The 3 term ‘‘mental health professional’’ means a person 4 who is licensed to diagnose and treat mental health 5 conditions in a State. 6 (6) PARTICIPATE.—The term ‘‘participate’’, 7 with respect to acts constituting chemical or surgical 8 mutilation as defined in paragraph (1), means di- 9 rectly engaging in the planning, authorization, pre- 10 scription, administration, or performance of any 11 such act, including any of the following: 12 (A) Prescribing puberty blockers, sex hor- 13 mones, or related medications with the intent to 14 alter an individual’s physical appearance or re- 15 productive function to align with an identity 16 differing from his or her sex. 17 (B) Administering medications or treat- 18 ments described in subparagraph (A) with such 19 intent, whether by injection, oral delivery, or 20 other means. 21 (C) Performing surgical procedures that 22 attempt to transform an individual’s physical 23 appearance to confirm a patient’s physical ap- 24 pearance to be of the alternate sex, or that alter 25 VerDate Sep 11 2014 04:07 Oct 01, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2907.IS S2907 kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 •S 2907 IS or remove sexual organs as part of chemical or 1 surgical mutilation. 2 (D) Authorizing or directing such chemical 3 or surgical mutilation procedures as a super- 4 vising health care professional or institutional 5 representative. 6 (E) Knowingly planning or coordinating 7 the provision of treatments or procedures de- 8 scribed above in subparagraph (A), (C), or (D) 9 with the intent to facilitate chemical or surgical 10 mutilation. 11 (7) SEX.—The term ‘‘sex’’ means a person’s 12 immutable biological classification, determined at the 13 moment of conception, as either male or female, as 14 follows: 15 (A) The term ‘‘female’’ is a person who 16 naturally has, had, will have, or would have but 17 for a congenital anomaly or intentional or unin- 18 tentional disruption, the reproductive system 19 that produces, transports, and utilizes the large 20 gamete (ova) for fertilization. 21 (B) The term ‘‘male’’ is a person who nat- 22 urally has, had, will have, or would have but for 23 a congenital anomaly or intentional or uninten- 24 tional disruption, the reproductive system that 25 VerDate Sep 11 2014 04:07 Oct 01, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2907.IS S2907 kjohnson on DSK7ZCZBW3PROD with $$_JOB 7 •S 2907 IS produces, transports, and utilizes the small ga- 1 mete (sperm) for fertilization. 2 SEC. 3. PROHIBITION ON CHEMICAL OR SURGICAL MUTILA- 3 TION. 4 (a) IN GENERAL.—No health care professional, hos- 5 pital, or clinic shall, in a circumstance described in sub- 6 section (b), participate in the chemical or surgical mutila- 7 tion of a child, and a health care professional, hospital, 8 or clinic may commence participation in a treatment that 9 qualifies as an exception specified in clauses (i) through 10 (iv) of section 2(1)(B) only after determining that clear 11 and convincing evidence supports a determination that the 12 treatment so qualifies. 13 (b) CIRCUMSTANCES DESCRIBED.—The cir- 14 cumstances described in this subsection are that— 15 (1) the defendant or child traveled in interstate 16 or foreign commerce, or traveled using a means, 17 channel, facility, or instrumentality of interstate or 18 foreign commerce, in furtherance of or in connection 19 with the participation in the chemical or surgical 20 mutilation; 21 (2) the defendant used a means, channel, facil- 22 ity, or instrumentality of interstate or foreign com- 23 merce in furtherance of or in connection with the 24 participation in the chemical or surgical mutilation; 25 VerDate Sep 11 2014 04:07 Oct 01, 2025 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2907.IS S2907 kjohnson on DSK7ZCZBW3PROD with $$_JOB 8 •S 2907 IS (3) any payment of any kind was made, directly 1 or indirectly, in furtherance of or in connection with 2 the participation in the chemical or surgical mutila- 3 tion using any means, channel, facility, or instru- 4 mentality of interstate or foreign commerce or in or 5 affecting interstate or foreign commerce; 6 (4) the defendant transmitted in interstate or 7 foreign commerce any communication relating to or 8 in furtherance of the participation in the chemical or 9 surgical mutilation using any means, channel, facil- 10 ity, or instrumentality of interstate or foreign com- 11 merce or in or affecting interstate or foreign com- 12 merce by any means or in any manner, including by 13 computer, mail, wire, or electromagnetic trans- 14 mission; 15 (5) any instrument, item, substance, or other 16 object that has traveled in interstate or foreign com- 17 merce was used to perform the chemical or surgical 18 mutilation; 19 (6) the chemical or surgical mutilation occurred 20 within the District of Columbia, the special maritime 21 and territorial jurisdiction of the United States, or 22 any territory or possession of the United States; or 23 VerDate Sep 11 2014 04:07 Oct 01, 2025 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2907.IS S2907 kjohnson on DSK7ZCZBW3PROD with $$_JOB 9 •S 2907 IS (7) the chemical or surgical mutilation other- 1 wise occurred in or affected interstate or foreign 2 commerce. 3 SEC. 4. PRIVATE RIGHT OF ACTION. 4 (a) IN GENERAL.—An individual subjected as a child 5 to chemical or surgical mutilation prohibited by section 3, 6 or the parents or legal guardians of such individual, may 7 bring a civil action in an appropriate district court of the 8 United States for damages against any health care profes- 9 sional, hospital, or clinic, who participates in the chemical 10 or surgical mutilation of that child. Such a cause of action 11 shall be available regardless of whether the alleged chem- 12 ical or surgical mutilation occurred before, on, or after the 13 date of enactment of this Act. 14 (b) DAMAGES.—Damages available pursuant to such 15 an action may include— 16 (1) compensatory damages, including all eco- 17 nomic damages associated with undoing, correcting, 18 or ameliorating the effects or results of any chemical 19 or surgical mutilation procedures; 20 (2) non-economic damages for emotional dis- 21 tress and pain and suffering; and 22 (3) punitive damages, if the claimant proves by 23 clear and convincing evidence that the defendant 24 VerDate Sep 11 2014 04:07 Oct 01, 2025 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2907.IS S2907 kjohnson on DSK7ZCZBW3PROD with $$_JOB 10 •S 2907 IS against whom punitive damages are sought acted 1 maliciously, intentionally, fraudulently, or recklessly. 2 (c) STRICT LIABILITY.—Any health care profes- 3 sional, hospital, or clinic whose participation in the chem- 4 ical or surgical mutilation of a child after the date of en- 5 actment of this Act is proven by clear and convincing evi- 6 dence shall be strictly liable for damages for any such act 7 of mutilation. If a treatment qualifies under an exception 8 specified in clauses (i) through (iv) of section 2(1)(B), and 9 that is raised as an affirmative defense to a violation of 10 this Act, the health care professional, hospital, or clinic 11 shall bear the burden of proving by clear and convincing 12 evidence that such exception applies. 13 SEC. 5. RULES OF CONSTRUCTION. 14 In this Act: 15 (1) No private right of action is established 16 based on counseling, referrals to mental health pro- 17 fessionals, or discussions of treatment options, in- 18 cluding counseling, referrals, or options available 19 upon reaching adulthood, or in circumstances not 20 described in section 3(b), provided by health care 21 professionals, or mental health professionals, pro- 22 vided that such actions do not constitute participa- 23 tion in chemical or surgical mutilation, as defined in 24 section 2. 25 VerDate Sep 11 2014 04:07 Oct 01, 2025 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2907.IS S2907 kjohnson on DSK7ZCZBW3PROD with $$_JOB 11 •S 2907 IS (2) No liability for a health care professional 1 under these provisions may be waived. 2 (3) Any ambiguities shall be resolved against 3 any party found to have engaged in participation, as 4 defined in section 2(6), in the chemical or surgical 5 mutilation of a child. 6 (4) In any cases in which chemical or surgical 7 mutilation of a child is shown to have occurred be- 8 fore the date of enactment of this Act, there is lim- 9 ited deference to prevailing standards of care to the 10 extent that such standards contradict the intent of 11 this Act and it is shown that the health care profes- 12 sional knew or should have known that such stand- 13 ards of care were in serious, scientific, and medical 14 dispute at the time of the chemical or surgical muti- 15 lation. 16 (5) Nothing in this Act shall be construed to 17 prohibit a health care professional or mental health 18 professional from providing information about all 19 available treatment options, discussing risks and 20 benefits, or expressing professional medical opinions, 21 so long as such actions do not constitute participa- 22 tion in chemical or surgical mutilation. 23 VerDate Sep 11 2014 04:07 Oct 01, 2025 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2907.IS S2907 kjohnson on DSK7ZCZBW3PROD with $$_JOB 12 •S 2907 IS SEC. 6. STATUTE OF LIMITATIONS. 1 An action under section 4 may be brought within 25 2 years from the date of the eighteenth birthday of an indi- 3 vidual subjected to chemical or surgical mutilation as a 4 child or within 4 years from the time the cost of a 5 detransition treatment is incurred, whichever date is later. 6 SEC. 7. SEVERABILITY. 7 If any provision of this Act, or the application of such 8 a provision to any person or circumstance, is held to be 9 unconstitutional, the remainder of this Act, and the appli- 10 cation of the provision held to be unconstitutional to any 11 other person or circumstance, shall not be affected. 12 Æ VerDate Sep 11 2014 04:07 Oct 01, 2025 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\S2907.IS S2907 kjohnson on DSK7ZCZBW3PROD with $$_JOB