Arkansas House Passes Malpractice Law for Youth Trans Procedures

On Wednesday, lawmakers approved a move to restore Arkansas’ blocked ban on gender-affirming care for minors by easing a lawsuit against doctors providing such treatment.

A bill passed by the House of Representatives allows a person who received gender reassurance assistance as a minor to file a malpractice suit against their physician for up to 15 years after they turn 18. Under current Arkansas law, medical malpractice claims must be filed within two years of what the law calls “injury.” The measure is now heading to the desk of Arkansas Gov. Sarah Huckabee Sanders.

The measure, brought forward by a federal judge, is considering whether to repeal a state law he has temporarily blocked that prohibits doctors from giving hormone maintenance therapy or puberty blockers to people under 18 or referring them to other doctors who can provide such care. Gender confirmation operations for minors are not performed in the state.

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Republican Mary Bentley, the bill’s sponsor, said the measure “provides much-needed assurance before life-changing treatments can begin.”

Legal experts said the proposal, which other states are considering as part of broader bans on transgender childcare, would be a major change in how most malpractice claims are handled. By expanding doctors’ responsibility for providing such care, the bill could make it nearly impossible for some health care providers to obtain malpractice insurance.

Opponents of the measure called the malpractice provision unconstitutional, saying it discriminated against transgender youth in the same way that Arkansas’ blocked ban did.

“It’s extremely likely that the state will once again lose our ongoing attack on this tiny, vulnerable group of children,” Democratic Rep. Ashley Hudson said ahead of the vote.

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The proposal is the latest in a growing number of bills targeting transgender people, who also face increasingly hostile rhetoric in public buildings. According to the Human Rights Campaign, at least 175 anti-transgender bills have been introduced to government agencies this year, the most in a single year.

Other bills moving through the Arkansas Legislature include a bill that would criminalize adult transgender people using a toilet that matches their gender identity in the presence of a minor.

Arkansas was the first state to enact a ban on gender-affirming child care with its 2021 law, and several states have since followed suit. Another ban in Alabama was also temporarily blocked by a federal judge. Nearly every major medical group, including the American Medical Association, has spoken out against such bans.

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The Republican Majority House approved the malpractice bill in a largely 76–17 party-line vote, with one Republican MP voting against the bill. Another GOP MP voted in favor of those present, which has the same effect as voting against the bill.