I 

118TH CONGRESS 

1ST SESSION H. R. 1276 

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

procedures. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 1, 2023 

Mr. BANKS (for himself, Mr. BABIN, Mr. JOHNSON of Louisiana, Mr. 

GROTHMAN, and Mr. NORMAN) 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 the Workforce, Natural 

Resources, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To protect children from medical malpractice in the form 

of gender transition procedures. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protect Minors from 

5 Medical Malpractice Act of 2023’’. 


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1 SEC. 2. PRIVATE RIGHT OF ACTION FOR A GENDER-TRANSI2 TION PROCEDURE PERFORMED ON A MINOR. 

3 (a) IN GENERAL.—A medical practitioner, in any cir4 cumstance described in subsection (c), who performs a 

5 gender-transition procedure on an individual who is less 

6 than 18 years of age shall, as described in subsection (b), 

7 be liable to the individual if injured (including any phys8 ical, psychological, emotional, or physiological harms) by 

9 such procedure, related treatment, or the after effects of 

10 the procedure or treatment. 

11 (b) PRIVATE RIGHT OF ACTION.—An individual cov12 ered by subsection (a) who receives a gender-transition 

13 procedure from a medical practitioner (or a representative, 

14 including a legal guardian, on behalf of such individual) 

15 may, not later than the day that is 30 years after the date 

16 on which the individual turns 18 years of age, bring a civil 

17 action against such medical practitioner in a court of com18 petent jurisdiction for— 

19 (1) declaratory or injunctive relief; 

20 (2) compensatory damages; 

21 (3) punitive damages; and 

22 (4) attorney’s fees and costs. 

23 (c) CIRCUMSTANCES.—For the purposes of sub24 section (a), the circumstances described in this subsection 

25 are that— 


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1 (1) the medical practitioner or the individual re2 ceiving the gender-transition procedure traveled in 

3 interstate or foreign commerce, or traveled using a 

4 means, channel, facility, or instrumentality of inter5 state or foreign commerce, in furtherance of or in 

6 connection with the conduct described in subsection 

7 (a); 

8 (2) the medical practitioner used a means, 

9 channel, facility, or instrumentality of interstate or 

10 foreign commerce in furtherance of or in connection 

11 with the conduct described in subsection (a); 

12 (3) any payment of any kind was made, directly 

13 or indirectly, in furtherance of or in connection with 

14 the conduct described in subsection (a) using any 

15 means, channel, facility, or instrumentality of inter16 state or foreign commerce or in or affecting inter17 state or foreign commerce; 

18 (4) the medical practitioner transmitted in 

19 interstate or foreign commerce any communication 

20 relating to or in furtherance of the conduct de21 scribed in subsection (a) using any means, channel, 

22 facility, or instrumentality of interstate or foreign 

23 commerce or in or affecting interstate or foreign 

24 commerce by any means or in any manner, including 


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1 by computer, mail, wire, or electromagnetic trans2 mission; 

3 (5) any instrument, item, substance, or other 

4 object that has traveled in interstate or foreign com5 merce was used to perform the conduct described in 

6 subsection (a); 

7 (6) the conduct described in subsection (a) oc8 curred within the special maritime and territorial ju9 risdiction of the United States, or any territory or 

10 possession of the United States; or 

11 (7) the conduct described in subsection (a) oth12 erwise occurred in or affected interstate or foreign 

13 commerce. 

14 SEC. 3. PRESERVING FREEDOM OF CONSCIENCE AND MED15 ICAL JUDGEMENT FOR MEDICAL PROVIDERS. 

16 Notwithstanding any other provision of law, no provi17 sion of Federal law shall require, or be construed to re18 quire, a medical practitioner to perform a gender-transi19 tion procedure. 

20 SEC. 4. PROHIBITION ON FUNDING FOR CERTAIN STATES. 

21 Notwithstanding any other provision of law, any 

22 State that requires medical practitioners to perform any 

23 gender-transition procedure on an individual in the State 

24 shall be ineligible to receive any Federal funding from the 

25 Department of Health and Human Services. 


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1 SEC. 5. DEFINITIONS. 

2 In this Act: 

3 (1) BIOLOGICAL SEX.—The term ‘‘biological 

4 sex’’ means the genetic classification of an individual 

5 as male or female, as reflected in the organization 

6 of the body of such individual for a reproductive role 

7 or capacity, such as through sex chromosomes, natu8 rally occurring sex hormones, and internal and ex9 ternal genitalia present at birth, without regard to 

10 the subjective sense of identity of the individual. 

11 (2) GENDER-TRANSITION PROCEDURE.— 

12 (A) IN GENERAL.—Except as provided in 

13 subparagraph (B), the term ‘‘gender-transition 

14 procedure’’ means— 

15 (i) the prescription or administration 

16 of puberty-blocking drugs for the purpose 

17 of changing the body of an individual so 

18 that it conforms to the subjective sense of 

19 identity of the individual, in the case such 

20 identity is at odds with the individual’s bi21 ological sex; 

22 (ii) the prescription or administration 

23 of cross-sex hormones for the purpose of 

24 changing the body of an individual so that 

25 it conforms to the subjective sense of iden26 tity of the individual, in the case such 


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1 identity is at odds with the individual’s bi2 ological sex; or 

3 (iii) a surgery to change the body of 

4 an individual so that it conforms to the 

5 subjective sense of identity of the indi6 vidual, in the case such identity is at odds 

7 with the individual’s biological sex. 

8 (B) EXCEPTION.—The term ‘‘gender-tran9 sition procedure’’ does not include— 

10 (i) an intervention described in sub11 paragraph (A) that is performed on— 

12 (I) an individual with biological 

13 sex characteristics that are inherently 

14 ambiguous, such as those born with 

15 46 XX chromosomes with virilization, 

16 46 XY chromosomes with 

17 undervirilization, or having both ovar18 ian and testicular tissue; or 

19 (II) an individual with respect to 

20 whom a physician has determined 

21 through genetic or biochemical testing 

22 that the individual does not have nor23 mal sex chromosome structure, sex 

24 steroid hormone production, or sex 


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1 steroid hormone action, for a biologi2 cal male or biological female; 

3 (ii) the treatment of any infection, in4 jury, disease, or disorder that has been 

5 caused or exacerbated by the performance 

6 of an intervention described in subpara7 graph (A) without regard to whether the 

8 intervention was performed in accordance 

9 with State or Federal law or whether the 

10 intervention is covered by the private right 

11 of action under section 2; or 

12 (iii) any procedure undertaken be13 cause the individual suffers from a physical 

14 disorder, physical injury, or physical illness 

15 that would, as certified by a physician, 

16 place the individual in imminent danger of 

17 death or impairment of major bodily func18 tion unless the procedure is performed. 

19 (3) MEDICAL PRACTITIONER.—The term ‘‘med20 ical practitioner’’ means a person who is licensed, 

21 certified, or otherwise authorized by the laws of a 

22 State to administer health care in the ordinary 

23 course of the practice of the person’s profession. 


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1 SEC. 6. EFFECTIVE DATE. 

2 This Act shall take effect on the date of enactment 

3 of this Act. 

Æ 


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