H.R. 653

119th CONGRESS 1st Session

To protect children from medical malpractice in the form of gender transition procedures.

IN THE HOUSE OF REPRESENTATIVES · January 23, 2025 · Sponsor: Mr. Babin

Table of contents

• H.R. 653
  • SEC. 1. Short title
  • SEC. 2. Private right of action for a gender-transition procedure performed on a minor
  • SEC. 3. Preserving freedom of conscience and medical judgement for medical providers
  • SEC. 4. Prohibition on funding for certain states
  • SEC. 5. Definitions
  • SEC. 6. Effective date

SEC. 1. Short title

• This Act may be cited as the Protect Minors from Medical Malpractice Act of 2025.

SEC. 2. Private right of action for a gender-transition procedure performed on a minor

• (a) In general
  • A medical practitioner, in any circumstance described in subsection (c), who performs a gender-transition procedure on an individual who is less than 18 years of age shall, as described in subsection (b), be liable to the individual if injured (including any physical, psychological, emotional, or physiological harms) by such procedure, related treatment, or the after effects of the procedure or treatment.
• (b) Private right of action
  • An individual covered by subsection (a) who receives a gender-transition procedure from a medical practitioner (or a representative, including a legal guardian, on behalf of such individual) may, not later than the day that is 30 years after the date on which the individual turns 18 years of age, bring a civil action against such medical practitioner in a court of competent jurisdiction for—
    • declaratory or injunctive relief;
    • compensatory damages;
    • punitive damages; and
    • attorney’s fees and costs.
• (c) Circumstances
  • For the purposes of subsection (a), the circumstances described in this subsection are that—
    • the medical practitioner or the individual receiving the gender-transition procedure traveled in interstate or foreign commerce, or traveled using a means, channel, facility, or instrumentality of interstate or foreign commerce, in furtherance of or in connection with the conduct described in subsection (a);
    • the medical practitioner used a means, channel, facility, or instrumentality of interstate or foreign commerce in furtherance of or in connection with the conduct described in subsection (a);
    • any payment of any kind was made, directly or indirectly, in furtherance of or in connection with the conduct described in subsection (a) using any means, channel, facility, or instrumentality of interstate or foreign commerce or in or affecting interstate or foreign commerce;
    • the medical practitioner transmitted in interstate or foreign commerce any communication relating to or in furtherance of the conduct described in subsection (a) using any means, channel, facility, or instrumentality of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means or in any manner, including by computer, mail, wire, or electromagnetic transmission;
    • any instrument, item, substance, or other object that has traveled in interstate or foreign commerce was used to perform the conduct described in subsection (a);
    • the conduct described in subsection (a) occurred within the special maritime and territorial jurisdiction of the United States, or any territory or possession of the United States; or
    • the conduct described in subsection (a) otherwise occurred in or affected interstate or foreign commerce.

SEC. 3. Preserving freedom of conscience and medical judgement for medical providers

• Notwithstanding any other provision of law, no provision of Federal law shall require, or be construed to require, a medical practitioner to perform a gender-transition procedure.

SEC. 4. Prohibition on funding for certain states

• Notwithstanding any other provision of law, 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 Services.

SEC. 5. Definitions

• In this Act:
  • The term biological sex means the genetic classification of an individual as male or female, as reflected in the organization of the body of such individual for a reproductive role or capacity, such as through sex chromosomes, naturally occurring sex hormones, and internal and external genitalia present at birth, without regard to the subjective sense of identity of the individual.
  • The term medical practitioner means a person who is licensed, certified, or otherwise authorized by the laws of a State to administer health care in the ordinary course of the practice of the person’s profession.

SEC. 6. Effective date

• This Act shall take effect on the date of enactment of this Act.