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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: HHS DP 4-3-0-0| Third Read 16-12-2-0-0House: JUD DP 6-3-0-0 |
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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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