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Bill Passed by Arkansas House Deems Gender-Affirming Medical Care for Youth as Medical Malpractice


The Arkansas House recently passed a bill that would allow medical malpractice lawsuits against health professionals who provide gender-affirming care to minors. Sponsored by Rep. Mary Bentley, the bill aims to return to a “watch and wait” approach for treating minors with gender dysphoria. The bill’s broad definition of “gender-affirming intervention” has raised concerns among opposition, including Rep. Nicole Clowney, who fears it could deter doctors from treating trans children altogether. The bill also outlines steps for doctors to follow in order to protect themselves if they do administer gender-affirming care.

During the House Judiciary Committee hearing, testimony from transgender individuals, licensed social workers, and opponents of the bill raised concerns about its potential implications and impact on healthcare for trans youth. The bill now goes to the Senate side for consideration as the legislative session is expected to end soon.

Rep. Bentley defended her bill by arguing that gender-affirming care can be harmful and likening it to prescribing diet pills to an anorexic child. Despite the opposition, Bentley assured the House that the bill does establish a 15-year statute of limitations for medical malpractice lawsuits related to gender-affirming care.

As the bill moves to the Senate Judiciary Committee, the debate over gender-affirming care for minors in Arkansas continues. With a tight timeline before the legislative session ends, the future of the bill and its potential impact on healthcare for trans youth remain uncertain.

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