SB 405 - Authorizes Lawsuits Against Healthcare Providers Who Perform Gender Affirming Care for Minors - Wisconsin Key Vote

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Title: Authorizes Lawsuits Against Healthcare Providers Who Perform Gender Affirming Care for Minors

Vote Smart's Synopsis:

Vote to pass a bill that authorizes lawsuits against healthcare providers who perform gender affirming care in Wisconsin.

Highlights:

  • Defines “gender transition procedure” as a medical or surgical service or drug that seeks to alter characteristics that are typical of an individual’s biological sex (Sec. 1).

  • Authorizes civil action to be brought against a health care provider who performs a gender transition procedure on a minor to recover any of the following damages (Sec. 1):

    • Declaratory or injunctive relief;

    • Compensatory damages;

    • Punitive damages; and

    • Attorney fees and costs.

  • Requires civil action brought according to this section to be commenced before the minor reaches the age of 33 (Sec. 1).

  • Establishes the following requisites for the legal defense of a health care provider who performs a gender transition procedure on a minor (Sec. 1):

    • The health care provider documents the minor’s perceived gender for at least two years and determines that it varies from their biological sex;

    • At least two health care providers, including one mental health professional, certify that the gender transition procedure is the only way to treat a mental health concern for the minor;

    • At least two health care providers, including one mental health professional, certify that the minor does not suffer from any mental health condition other than the one described above, including depressing, an eating disorder, autism, ADHD, an intellectual disability, or a psychotic disorder; and

    • The health care provider received the voluntary and informed consent of the minor and their parent or legal guardian.

  • Requires a health care provider to provide notice at least 30 days before the first treatment, and during every visit for treatment in the next six months, that contains information dissuading such treatment (Sec. 1).

Title: Authorizes Lawsuits Against Healthcare Providers Who Perform Gender Affirming Care for Minors

Title: Authorizes Lawsuits Against Healthcare Providers Who Perform Gender Affirming Care for Minors

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