SB199

Senate Bill 199 creates the 'Protecting Minors from Medical Malpractice Act of 2023' in Arkansas. The bill establishes civil liability for healthcare professionals who perform gender transition procedures on minors if those procedures result in physical, psychological, or emotional injury. It allows minors or their legal representatives to bring civil actions, including claims for compensatory and punitive damages, up to 15 years after the minor turns eighteen. The legislation outlines a 'safe harbor' defense for providers, requiring two years of documented gender inconsistency, multiple professional certifications regarding the necessity of the procedure and the absence of other mental health comorbidities, and strict informed consent protocols. These protocols mandate that providers give patients and guardians a specific, lengthy written warning regarding potential long-term health risks and the status of international medical guidelines. Additionally, the bill clarifies that state law cannot compel healthcare professionals to perform gender transition procedures. The bill explicitly excludes services for individuals with medically verifiable disorders of sex development from these regulations.