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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
gender transition procedures; provider liability
Purpose
Subjects health care professionals and physicians who provide gender transition procedures to strict personal liability for all costs associated with subsequent detransition procedures.
Background
A medical malpractice action for injury or death may be brought against a
licensed health care provider based on such provider's alleged negligence,
misconduct, errors or omissions, or breach of contract in the rendering of
health care, medical services, nursing services or other health-related
services or for the rendering of such health care, medical services, nursing
services or other health-related services, without express or implied consent
(A.R.S. §§ 12-561
and
12-562).
Physicians may not provide irreversible gender reassignment surgery to
any individual who is under 18 years of age. Irreversible gender reassignment
surgery is a medical procedure performed for the purpose of assisting an
individual with a gender transition and includes any of the following: 1)
penectomy, orchiectomy, vaginoplasty, clitoroplasty or vulvoplasty for
biologically male patients or hysterectomy or ovariectomy for biologically
female patients;
2) metoidioplasty, phalloplasty, vaginectomy, scrotoplasty or implantation of
erection or testicular protheses for biologically female patients; and 3)
augmentation mammoplasty for biologically male patients and subcutaneous
mastectomy for female patients (A.R.S.
§ 32-3230).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Subjects health care professionals and physicians who provide gender transition procedures to strict personal liability for all costs associated with subsequent detransition procedures that are sought by a minor within 25 years after the commencement of a gender transition procedure.
2. Allows a person who undergoes a detransition procedure, before turning 26 years of age, to bring a civil action against a health care professional or physician who provided the gender transition procedure in a court of competent jurisdiction for:
a) the real value of the costs of any detransition procedure;
b) any other appropriate relief; and
c) attorney fees and costs.
3. States that a health care professional or physician who provides or who has provided a minor with a gender transition procedure is strictly liable to that minor if the treatment or aftereffects of the treatment, including a subsequent detransition procedure, result in any injury, including physical, psychological, emotional or physiological harms, within 25 years after the date of the gender transition procedure.
4. Allows a person injured by a gender transition or detransition procedure, or the person's legal guardian, to bring a civil action against an offending health care professional or physician within the eight years after the person's 18th birthday, or within four years after the discovery of both the injury and the causal relationship between the treatment and the injury, whichever is later.
5. Allows an injured party in a civil action to seek:
a) declaratory or injunctive relief;
b) compensatory damages, including pain and suffering, loss of reputation, loss of income and loss of consortium, including the loss of the expectation of sharing parenthood;
c) punitive damages;
d) attorney fees and costs; and
e) any other appropriate relief.
6. Prohibits a health care professional or physician from seeking a contractual waiver of the liability for gender transition or detransition procedures.
7. Deems any waiver that is contrary to the public policy of Arizona as null and void.
8. Becomes effective on the general effective date.
Prepared by Senate Research
January 16, 2026
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