Legislation Would Help Protect Children from Medical Malpractice in Sex-Change Procedures

A bill filed at the Arkansas Legislature on Monday would help protect children from medical malpractice when it comes to sex-change procedures.

S.B. 199 by Sen. Gary Stubblefield (R – Branch) and Rep. Mary Bentley (R – Perryville) clarifies that a child who undergoes a sex-change procedure can sue the healthcare provider who performed procedure if the child suffers any physical, psychological, or emotional injury as a result.

Under S.B. 199, the child could file a lawsuit the if he or she experiences:

  • A physical or physiological injury from the sex-change procedure
  • A psychological or emotional injury from the sex-change procedure
  • An injury from treatments related to the sex-change procedure
  • An injury from the after-effects of the sex-change procedure

    A child who suffers one of these injuries from a sex-change procedure would have until the age of 48 to file a lawsuit against the healthcare provider, because some injuries from sex-change procedures may not become evident until well into adulthood.

    The bill also spells out informed-consent processes for sex-change procedures that healthcare providers can follow to help defend against the possibility of a lawsuit, and it clarifies that Arkansas law does not require healthcare professionals to perform sex-reassignment procedures.

    More and more, scientific evidence shows sex-reassignment procedures may be harmful to children. That is why it is important for our laws to protect children from these procedures and give them legal options they can follow if they are harmed by one of these sex-change procedures.

    Research published just last month calls into question the original studies that encouraged doctors to give puberty blockers and cross-sex hormones to children with gender dysphoria.

    In 2021 a major hospital in Sweden announced that it would no longer give puberty blockers and cross-sex hormones to kids.

    Last year the U.K.’s National Health Services closed its Tavistock gender clinic that gave puberty blockers and cross-sex hormones to children for many years. Many families have indicated their children were subjected to sex-reassignment at that clinic despite an obvious lack of scientific evidence in favor of the procedures and inadequate mental health screenings for children with gender dysphoria.

    A gender-identity clinic in Scotland faces similar accusations from former patients who say healthcare professionals rushed them into sex-change procedures.

    And last July the U.S. Food and Drug Administration finally added a warning label to puberty blockers in America after biological girls developed symptoms of tumor-like masses in the brain.

    S.B. 199 will help protect children from these dangerous sex-reassignment procedures, and it will provide them and their families with legal recourse if they are injured by a sex-change procedure.

    You Can Read S.B. 199 Here.

    Articles appearing on this website are written with the aid of Family Council’s researchers and writers.

    Arkansas House Passes Measure Protecting Children from Adult Performances

    Above: Rep. Mary Bentley presents S.B. 43 in the Arkansas House of Representatives on Monday, February 6.

    On Monday the Arkansas House of Representatives passed a measure to protect children from adult performances.

    S.B. 43 by Sen. Gary Stubblefield (R – Branch) and Rep. Mary Bentley (R – Perryville) prohibits adult-oriented performances on public property, with public funding, or in view of minors.

    The bill defines “adult-oriented performance” as a sexual performance that includes nudity, sexual activities, or exposure of specific body parts. The bill also contains language about exposure of prosthetic private parts to protect children from explicit drag performances.

    S.B. 43 previously prohibited drag performances on public property or in view of children. It was amended in the House committee last week to apply more broadly to sexual performances and to prohibit public funding of those performances.

    The bill now goes to the Arkansas Senate for consideration.

    You Can Read S.B. 43 Here.

    Recapping Week Four at the Arkansas Legislature

    Above: Rep. Bentley presents H.B. 1156 in the Arkansas House of Representatives on Wednesday.

    The Arkansas Legislature just wrapped up its fourth week of the 2023 session.

    Here’s a quick rundown of what happened this week — and a look at legislation we are tracking:

    • The Senate Insurance and Commerce Committee passed S.B. 66 that will help protect children in Arkansas from Internet pornography.
    • The Senate City, County, and Local Affairs Committee passed a bill that could expand public drinking in “entertainment districts” in Arkansas.
    • The Arkansas House of Representatives passed H.B. 1156 protecting the privacy of public school students in school locker rooms, showers, restrooms, and similar facilities.
    • The Arkansas Senate passed H.B. 1024 that could expand public drinking in Arkansas.
    • The Arkansas Senate passed S.B. 66 that will help protect children in Arkansas from Internet pornography.
    • The House City, County, and Local Affairs Committee passed an amended version of S.B. 43 to protect children from adult performances.

    Good Bills Passed So Far

    H.C.R. 1005 (Religious Freedom): This good measure by Rep. Mary Bentley (R – Perryville) and Sen. Gary Stubblefield (R – Branch) declares January 16, 2023, “Religious Freedom Day” in Arkansas. Read The Measure Here.

    Good Bills Filed So Far

    S.B. 43 (Decency): This good bill by Sen. Gary Stubblefield (R – Branch) and Rep. Mary Bentley (R – Perryville) prohibits adult performances on public property or in view of children. It also prohibits public funding of adult performances. Read The Bill Here.

    H.B. 1156 (Privacy): This bill by Rep. Mary Bentley (R – Perryville) and Sen. Dan Sullivan (R – Jonesboro) addresses privacy in public school locker rooms, showers, restrooms, changing areas, and similar facilities by requiring public schools to designate these facilities for “male” or “female” use. See How Your Representative Voted HereRead The Bill Here.

    S.B. 66 (Pornography): This good bill by Sen. Tyler Dees (R – Siloam Springs) requires pornographic websites to use a government-issued ID or a commercially available age verification method to protect children from pornography. See How Your Senator Voted Here. Read The Bill Here.

    S.B. 81 (Obscenity): This good bill by Sen. Dan Sullivan (R – Russellville) and Rep. Justin Gonzales (R – Okolona) prohibits giving or sending a child harmful sexual material that contains nudity or sexual activity. The bill also eliminates exemptions for libraries and schools in the state’s obscenity statute, and it creates a civil cause of action Arkansans can use if the state, a city, or a county distributes obscene material. Read The Bill Here.

    H.B. 1098 (Pro-Life): This good bill by Rep. Julie Mayberry (R – Hensley) and Sen. Missy Irvin (R – Mountain View) permits Safe Haven Baby Boxes at volunteer fire stations in Arkansas. See How Your Representative VotedRead The Bill Here.

    H.R. 1010 (Pro-Life): This good resolution by Rep. Cindy Crawford (R – Fort Smith) recognizes the vital role of pregnancy help organizations in Arkansas. Read The Resolution Here.

    H.B. 1006 (Abortion): This good bill by Rep. Aaron Pilkington (R — Knoxville) would require an employer that covers abortions or travel expenses related to abortions to also provide 16 weeks of paid maternity leave to employees in Arkansas. Read The Bill Here.

    H.B. 1148 (Family): This good bill by Rep. DeAnn Vaught (R – Horatio) and Sen. Kim Hammer (R – Benton) provides an income tax credit of up to $1,000 for money spent on diapers, baby formula, baby wipes, and prepackaged baby food. Read The Bill Here.

    H.B. 1305 (Child Welfare): This good bill by Rep. Delia Haak (R – Siloam Springs) protects child welfare by amending the “mature minor” doctrine in Arkansas law to clarify minors may consent to medical treatment for sexual assault; sexual, domestic, or physical abuse; or alcohol or substance abuse. Read The Bill Here.

    Bad Bills Passed So Far

    H.B. 1024 (Public Drinking): This bill by Rep. David Ray (R – Maumelle) and Sen. Matt McKee (R – Pearcy) would let cities and towns that do not collect advertising and promotion taxes on hotels and restaurants establish entertainment districts where public drinking is legal. This would let communities authorize public drinking in entertainment districts even if the community does not cater toward hospitality and tourism. That has the potential to expand public drinking in Arkansas. Read The Bill Here. See How Your State Senator and State Representative Voted Here.

    Bad Bills Filed So Far

    H.B. 1301 (Abortion): This bad bill by Rep. Nicole Clowney (D – Fayetteville) would legalize abortion in cases of “fetal abnormality incompatible with life.” The bill does not define what is or is not a “fetal abnormality.” It is not clear how a federal judge might interpret this language. Unborn children should not be aborted simply because a doctor thinks they may be at risk for a fetal abnormality. Family Council strongly opposes this bill — and any other bill that would weaken our state’s pro-life laws. Read The Bill Here.

    H.B. 1174 (Fetal Homicide and Wrongful Death): This bill by Rep. Richard Womack (R – Arkadelphia) and Sen. Matt McKee (R – Pearcy) changes Arkansas’ fetal homicide law and wrongful death statute. Among other things, the bill makes it possible to prosecute or sue a woman for the death of her unborn child. It is unclear how a court might interpret and enforce this bill in light of Arkansas’ laws prohibiting abortion. Read The Bill Here.

    H.B. 1204 (Nonpublic School Testing): This bill by Rep. Jim Wooten (R – Beebe) requires nonpublic schools that receive any form of state funding to assess their students with a standardized test. Read The Bill Here.

    Other Legislation to Watch

    S.B. 4 (National Security): This bill by Sen. Gary Stubblefield (R — Branch) and Rep. Mary Bentley (R — Perryville) restricts access to TikTok on computers, tablets, phones, and other devices owned by the State of Arkansas. Read The Bill Here.

    H.B. 1255 (National Security): This bill by Rep. Wade Andrews (R – Camden) and Sen. Steve Crowell (R – Magnolia) prohibits corporations and governmental entities from China, Iran, North Korea, or Russia from purchasing property in Arkansas. Read The Bill Here.

    H.J.R. 1001 (Salaries for Elected Offices): This proposed constitutional amendment by Rep. David Ray (R – Maumelle) and Sen. Ben Gilmore (R – Crossett) would let the General Assembly set salaries for various elected offices in the state. Read The Measure Here.

    S.B. 113 (Contraception): This bill by Sen. Breanne Davis (R – Russellville) and Rep. Deann Vaught (R – Horatio) requires Medicaid to reimburse healthcare providers for long-acting, reversible contraception immediately and during postpartum. Read The Bill Here.

    H.B. 1161 (Student Maternity and Paternity Leave): This bill by Rep. Ashley Hudson (R – Little Rock) provides prenatal and postnatal leave for public school students. Read The Bill Here.