S. 209 — Protecting Minors from Medical Malpractice Act of 2025

This section establishes a private right of action against a medical practitioner who performs a gender-transition procedure on an individual under age 18 if the individual is injured (including physical, psychological, emotional, or physiological harms) from the procedure, related treatment, or aftereffects, provided at least one of seven interstate or foreign commerce circumstances applies (e.g., travel using interstate facilities, payments via interstate means, use of interstate instruments in the procedure). An affected individual (or legal representative) may bring a civil action in federal court, not later than 30 years after the individual turns 18, for declaratory or injunctive relief, compensatory damages, punitive damages, and attorney's fees and costs.

This section prohibits states that require medical practitioners to perform any gender-transition procedure on an individual in the state from receiving any federal funding from the Department of Health and Human Services.

This section defines three terms for purposes of the Act: (1) biological sex as the genetic classification of an individual as male or female based on the organization of the body for a reproductive role or capacity (i.e., sex chromosomes, naturally occurring sex hormones, and internal and external genitalia present at birth), without regard to the individual's subjective sense of identity; (2) gender-transition procedure as the prescription or administration of puberty-blocking drugs, cross-sex hormones, or surgeries for the purpose of changing the body to conform to an identity at odds with the individual's biological sex (excluding interventions for inherently ambiguous biological sex characteristics or abnormal sex chromosome/hormone conditions, treatment of complications from such interventions, or procedures necessary to prevent imminent death or major bodily impairment); and (3) medical practitioner as a person licensed, certified, or authorized by state law to administer health care.