Arkansas House passes malpractice bill for youth trans procedures


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An effort to effectively reinstate Arkansas’ blocked ban on gender-affirming care for minors by making it easier to sue doctors who provide such treatments was approved Wednesday by lawmakers.

The bill approved by the House allows someone who received gender-affirming care as a minor to file a malpractice lawsuit against their doctor for up to 15 years after they turn 18. Under current Arkansas law, medical malpractice claims must be filed within two years of what the law refers to as an “injury.” The measure now heads to Arkansas Gov. Sarah Huckabee Sanders’ desk.

The measure advanced as a federal judge is considering whether to strike down a state law he’s temporarily blocked that would prohibit doctors from providing gender-affirming hormone therapy or puberty blockers to anyone under 18 — or referring them to other doctors who can provide that care. No gender-affirming surgery is performed on minors in the state.

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Republican Rep. Mary Bentley, the bill’s House sponsor, said the measure “provides much needed safeguards before life-altering medical treatment can begin.”

Legal experts said that the proposal, which other states are considering as part of broader bans on transgender care for children, would be a major change for how most malpractice claims are considered. By expanding the liability that doctors face for providing such care, the bill could make it nearly impossible for some providers to get malpractice insurance.

The Arkansas House has passed a bill making it easier to sure doctors providing hormone-altering drugs and procedures to minors. ((AP Photo/Andrew DeMillo))

Opponents of the measure called the malpractice provision unconstitutional, saying it discriminates against transgender youth the same way Arkansas’ blocked ban did.

“It is exceedingly likely that the state will yet again lose a case involving our ongoing assault on this tiny, vulnerable group of kids,” Democratic Rep. Ashley Hudson said…

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