ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

Senate: HHS DP 4-3-0-0| Third Read 16-12-2-0-0

House: JUD DP 6-3-0-0

☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal Note


SB 1094: civil liability; gender reassignment surgery

Sponsor: Senator Kavanagh, LD 3

House Engrossed

Overview

Creates a civil cause of action against a physician who provides irreversible gender reassignment surgery to minors in violation of law.

History

Under current law, a physician may not provide irreversible gender reassignment surgery to an individual who is under 18 years of age, subject to limited exceptions for certain disorders of sex development, treatment of complications caused by gender transition procedures and procedures needed to prevent imminent death or major bodily impairment (A.R.S. § 32-3230).

Provisions

1.   Makes a physician who provides irreversible gender reassignment surgery to a minor, outside of the limited exceptions in law, liable in a civil action to the minor for damages resulting from the surgery, including damages that would not have otherwise occurred but for the surgery. (Sec. 1)

2.   Specifies that parental consent to the surgery is not a defense for the aforesaid. (Sec. 1)

3.   Requires a person who prevails under the section to be awarded:

a.   actual damages, including damages for mental anguish even if an injury other than mental anguish is not shown;

b.   exemplary damages;

c. court costs; and

d.   reasonable attorney fees. (Sec. 1)

4.   Establishes, notwithstanding any other law, that an action to recover damages under the section must be commenced no later than the later of either:

a.   25 years after the minor turns 18 years of age; or

b.   4 years after the minor who had the irreversible gender reassignment surgery undergoes detransition treatment. (Sec. 1)

5.   Defines pertinent terms. (Sec. 1)

 

 

 

 

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Initials NM                SB 1094

4/8/2026          Page 0 House Engrossed

 

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