SB 2031

This bill authorizes an individual 18 or older ("person"") to bring a civil action to recover compensatory damages, punitive damages, and reasonable attorney fees, court costs, and expenses against a healthcare professional for an injury that is a result of a medical procedure, if both of the following criteria are met:  The medical procedure was for the purpose of enabling the person to identify with, or live as, a purported identity inconsistent with the person's sex or treating purported discomfort or distress from a discordance between the person's sex and asserted identity. As used in this provision, ""sex"" means a person's immutable characteristics of the reproductive system that define the individual as male or female, as determined by anatomy and genetics existing at the time of birth.  The person consented, or if the person was a minor at the time of the medical procedure, the person's parent, guardian, or legal representative consented, in whole or in part, due to an act of coercion by the healthcare professional. ""MEDICAL PROCEDURE"" DEFINED As used in this bill, a ""medical procedure"" means (i) surgically removing, modifying, altering, or entering into tissues, cavities, or organs of a human being; or (ii) prescribing, administering, or dispensing any puberty blocker or hormone to a human be ing. STATUE OF LIMITATIONS FOR CIVIL ACTIONS If the medical procedure occurred before the effective date of this bill, this bill requires a civil action described above to be brought in accordance with present law, which generally has a statute of limitations of one to three years. However, if the medical procedure occurs on or after the effective date of this bill, then a civil action described above must be brought no later than 18 years after the later of (i) the date the medical procedure occurred or (ii) if the injury was not known to the per so n at the time of the medical procedure, the date the person first obtained knowledge of the injury that resulted from the medical procedure. ON MARCH 23, 2026, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2031, AS AMENDED. AMENDMENT #1 makes the following revisions:  Clarifies that ""medical procedure, as used and defined in the bill summary, does not include therapies to treat a minor's congenital defect, precocious puberty, disease, or physical injury.  Defines ""coercion, as used in the bill summary, to mean the same as generally defined for criminal offenses, which is a threat, however communicated, to commit an offense; wrongfully accuse a person of an offense; expose a person to hatred, contempt or ridicule; harm the credit or business repute of a person; or take or withhold action as a public servant or cause a public servant to take or withhold action.  Provides that a civil action must be brought no later than 18 years after the later of the date the medical procedure occurred, or, if the injury was not known to the person at the time of the medical procedure, the date the person first obtained knowledge of the injury that resulted from the medical procedure.  Removes that if the medical procedure occurred before the effective date of the bill, then a civil action must be brought in accordance with present law, which generally has a statute of limitations of one to three years.  Clarifies that the bill applies to causes of action arising on or after the date that the bill becomes a law. ON APRIL 2, 2026, THE HOUSE SUBSTITUTED SENATE BILL 2031 FOR HOUSE BILL 1872, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 2031, AS AMENDED. AMENDMENT #1 clarifies that, if the medical procedure occurs on or after the date that the bill becomes a law, then such an action must either be brought (i) within 30 years from the date the minor reaches 18 or (ii) within 10 years of the minor's death if the minor dies. ON APRIL 6, 2026, SENATE CONCURRED IN HOUSE AMENDMENT #1."