SB 218: Provide for private right of action for injuries caused by certain medical interventions to treat gender dysphoria - Montana

SB0218_X(4).pdf → SB0218_X(5).pdf · 4 edits

MODERATE

This bill expands the list of medical treatments subject to strict liability lawsuits for minors, specifically adding estrogen therapy and puberty blockers for male patients. It also broadens the definition of eligible claimants to include individuals with disorders of sex development and those seeking treatment based on evidence-based clinical needs, rather than limiting claims only to those with ambiguous biological traits.

Scope change

The bill's scope expanded from covering only female minors receiving specific treatments to also covering male minors receiving estrogen and puberty blockers, and it broadened the types of patients eligible to file claims.

SCOPE

Added liability for treating male minors with supraphysiologic doses of estrogen and puberty blockers.

ELIGIBILITY

Expanded eligibility to include individuals with medically verifiable disorders of sex development and those receiving clinically appropriate, evidence-based treatments.

DEFINITION

Added a specific definition for 'female' based on biological characteristics like XX chromosomes and egg production.

REQUIREMENT

Changed the statute of limitations from a fixed 25-year window to a 2-year window starting from when the injury and its cause are discovered.

SB0218_3(13).pdf → SB0218_X.pdf · 1 edit

MINOR

This bill was finalized as an Enrolled Bill, changing its status from a draft version to an official legislative text. The substantive policy content regarding the private cause of action for gender dysphoria treatment remains identical to the previous draft, with no changes to the scope, eligibility, or specific legal provisions.

TECHNICAL

The document header was updated from 'Authorized Print Version' to 'ENROLLED BILL', indicating the bill has passed all legislative stages and is ready for signature.

SB0218_3(5).pdf → SB0218_3(6).pdf · 1 edit

MINOR

The amendment to SB 218 involves a minor formatting adjustment to subsection (d), which lists available remedies for claimants. The change adds extra spacing between the subsection label and the text, but does not alter the legal meaning or content of the bill.

TECHNICAL

Added extra whitespace between the subsection identifier '(d)' and the text '(C)' in the list of remedies, which is a purely cosmetic formatting update.

SB0218_3(3).pdf → SB0218_3(4).pdf · 1 edit

MINOR

The only change between these two versions is a minor punctuation adjustment. A period was added at the end of a list item regarding 'appropriate relief' to ensure the sentence is grammatically complete. This is a technical formatting correction and does not alter the bill's legal meaning, scope, or requirements.

TECHNICAL

Added a period at the end of a list item to improve punctuation and sentence structure.

SB0218_2(11).pdf → SB0218_3.pdf · 4 edits

MODERATE

The bill was renumbered from SB 218.2 to SB 218.3. The most significant substantive change is the addition of a new requirement that any civil liability claims must be based on a deviation from the applicable medical standard of care, as established by qualified expert testimony. This adds a professional negligence standard to the previously strict liability framework.

Scope change

The bill's scope of liability is now narrower; it no longer imposes automatic strict liability for all listed treatments but requires proof that the treatment deviated from accepted medical standards.

REQUIREMENT

Added a requirement that claims must prove the treatment deviated from the applicable medical standard of care established by expert testimony, replacing the previous strict liability standard.

ELIGIBILITY

Added specific language limiting the application of liability to minors, emphasizing that the strict liability provisions apply only to medical treatments provided to minors.

TIMELINE

Modified the statute of limitations language to clarify that the 25-year window applies until two years after the person reaches age 30 or two years after discovering the injury and its cause, whichever is later.

DEFINITION

Added the word 'minor' to the definitions section regarding who is eligible for the protections and liability provisions.

SB0218_1(9).pdf → SB0218_2.pdf · 4 edits

MODERATE

The bill was renumbered from SB 218.1 to SB0218.2 and updated its title to reflect an amendment to Section 27-2-205 rather than a repeal. The core policy change extends the statute of limitations for medical malpractice claims related to gender dysphoria treatments, allowing lawsuits to be filed until two years after the patient turns 30 or two years after discovering the injury, whichever is later. This replaces the previous 25-year limit and adds specific protections for victims under legal disability or those subjected to fraud.

Scope change

The bill now explicitly amends Section 27-2-205 of the Montana Code Annotated, whereas the previous version did not specify this amendment in its title.

TIMELINE

The statute of limitations for filing medical malpractice claims regarding gender dysphoria treatments was changed from a fixed 25-year period to a flexible timeline ending two years after the patient reaches age 30 or discovers the injury, whichever occurs later.

The limitation period for victims under legal disability now pauses until the disability is removed, and the clock stops if the patient is threatened, intimidated, or defrauded by the healthcare provider.

TECHNICAL

The bill's title was updated to indicate it amends Section 27-2-205, and the bill number was changed from SB 218.1 to SB0218.2.

REQUIREMENT

The text regarding which specific medical treatments are covered and the conditions under which liability applies was reorganized and renumbered, though the substantive list of covered procedures remains consistent.

LC1818.pdf → SB0218_1.pdf · 4 edits

MODERATE

The bill was renumbered from LC 1818 to SB 218.1, and the sponsor was updated to J. Fuller and G. Hertz. The statute of limitations for medical malpractice claims related to gender dysphoria treatment was extended to 25 years from the last treatment date. The liability language was broadened to include 'physiological harms' and 'after-effects' of treatment, ensuring coverage for long-term consequences. A new definition was added to clarify that 'health care professional' includes anyone licensed or authorized by state law to administer care.

Scope change

The bill now explicitly covers a wider range of harms, including physiological issues and long-term after-effects, rather than just immediate injuries.

TIMELINE

The statute of limitations for filing claims was confirmed to run for 25 years from the date of the last medical treatment.

REQUIREMENT

The definition of liable parties now includes 'after-effects' of treatment and explicitly lists 'physiological harms' as covered injuries.

DEFINITION

A new definition clarifies that 'health care professional' includes any person licensed, certified, or authorized by state law to administer health care.

TECHNICAL

The bill number was changed from LC 1818 to SB 218.1, and the primary sponsors were updated to J. Fuller and G. Hertz.

Provide for private right of action for injuries caused by certain medical interventions to treat gender dysphoria

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