Bill to oppose gender-affirming care passes committee in Arkansas House
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LITTLE ROCK, Ark. – A bill to add gender-affirming care to Arkansas medical malpractice law is moving through the House after being heard in committee.
House Bill 1916 intends to amend the Protecting Minors from Medical Malpractice Act of 2023. That act allows patients to sue for medical malpractice for gender transition surgery for up to 15 years after their 18th birthday.
The amendment proposed by HB1916 would add “gender-affirming care” to the malpractice law.
In the bill’s language, any doctor who prescribes puberty blockers or cross-sex hormones would be liable for suit under the same terms as a doctor in the 2023 law who performs surgery. The bill also adds mental health professionals who provide “gender-affirming intervention” to the list of potential defendants.
The House Judiciary Committee heard from 12 witnesses who spoke against the law, citing its broad language and vague terms. No witnesses spoke for the bill, which received an 11-5 vote for a do-pass recommendation.
The bill will now return to the House floor for its final vote. If it passes there, it will move on to the Senate. The legislature is expected to finish a week from Wednesday.
The bill’s sponsor, Rep. Mary Bentley (R-Perryville), had earlier submitted a more restrictive version that included a broader definition of social transitioning to include hairstyles and clothing. Bentley withdrew that bill after a witness from the attorney general’s office said the bill would be indefensible in court.
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