Limitation on Gender Transition Procedure Claims

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED HOUSE BILL 26-1128 LLS NO. 26-0308.01 Jacob Baus x2173 HOUSE SPONSORSHIP DeGraaf, SENATE SPONSORSHIP (None), House Committees Senate Committees State, Civic, Military, & Veterans Affairs A BILL FOR AN ACT CONCERNING THE STATUTE OF LIMITATIONS FOR YOUTH GENDER TRANSITION PROCEDURES.

Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill requires that a cause of action for an intentional or negligent act for an injury as a result of a youth gender transition procedure by a provider must be brought before the youth reaches 38 years old.

Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law.

Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 13-80-104.5 as follows: 13-80-104.5. Limitation of actions for youth gender transition procedures - severability - legislative declaration - definitions. (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(a) "P ROVIDER " MEANS A PHYSICIAN , SURGEON , ENDOCRINOLOGIST, MENTAL HEALTH PROFESSIONAL, CLINIC, HOSPITAL, OR OTHER ENTITY INVOLVED IN RECOMMENDING, APPROVING, OR PROVIDING A GENDER TRANSITION PROCEDURE.

(b) "SEX" MEANS AN INDIVIDUAL'S CLASSIFICATION AS ONE OF THE ONLY TWO CLASSES OF HUMAN, MALE OR FEMALE, BASED ON THE TYPE OF GAMETE THAT INDIVIDUAL HAS, HAD, WILL HAVE, OR WOULD HAVE BUT FOR A CONGENITAL ANOMALY OR INTENTIONAL OR UNINTENTIONAL DISRUPTION; THE CAPACITY TO PRODUCE AS DICTATED BY HIS OR HER SEXUAL ANATOMY; AND WITHOUT REFERENCE TO THE INDIVIDUAL'S PSYCHOLOGICAL STATE, BEHAVIOR, EXPRESSION, OR PERSONAL IDENTITY.

(c) (I) "YOUTH GENDER TRANSITION PROCEDURE" MEANS A MEDICAL PROCESS PERFORMED BEFORE THE AGE OF TWENTY-SIX BY WHICH AN INDIVIDUAL'S ANATOMY, PHYSIOLOGY, OR MENTAL STATE IS TREATED OR ALTERED, INCLUDING BY THE REMOVAL OF OTHERWISE HEALTHY ORGANS OR TISSUE, THE INTRODUCTION OF IMPLANTS OR PERFORMANCE OF OTHER PLASTIC SURGERY, HORMONE TREATMENT, OR THE USE OF DRUGS, COUNSELING, OR THERAPY, FOR THE PURPOSE OF FURTHERING OR ASSISTING THE INDIVIDUAL'S IDENTIFICATION AS A MEMBER OF THE OPPOSITE SEX, GROUP, OR DEMOGRAPHIC CATEGORY THAT DOES NOT CORRESPOND TO THE INDIVIDUAL'S SEX, WHICH MAY INCLUDE:

(A) PRESCRIBING OR ADMINISTERING MEDICATION;

(B) PERFORMING A SURGERY THAT STERILIZES, INCLUDING CASTRATION , VASECTOMY , HYSTERECTOMY , ORCHIECTOMY, AND PENECTOMY;

OOPHORECTOMY ,

(C) PERFORMING A SURGERY THAT ARTIFICIALLY CONSTRUCTS TISSUE WITH THE APPEARANCE OF GENITALIA THAT DIFFERS FROM THE INDIVIDUAL'S SEX, INCLUDING METOIDIOPLASTY, PHALLOPLASTY, AND VAGINOPLASTY; OR

(D) REMOVING ANY HEALTHY OR NONDISEASED BODY PART OR TISSUE.

(II) "YOUTH GENDER TRANSITION PROCEDURE" DOES NOT INCLUDE MALE CIRCUMCISION. MALE CIRCUMCISION IS RECOGNIZED AS BEING FOR HYGIENIC OR RELIGIOUS PURPOSES AND IS NOT FOR THE PURPOSE OF ATTEMPTING TO ALTER THE APPEARANCE OF OR AFFIRM AN INDIVIDUAL'S PERCEPTION OF THEIR GENDER OR SEX WHEN THE ALTERED APPEARANCE OR AFFIRMED PERCEPTION IS INCONSISTENT WITH THE INDIVIDUAL'S SEX.

(III) "YOUTH GENDER TRANSITION PROCEDURE" DOES NOT INCLUDE A PROCEDURE UNDERTAKEN TO TREAT AN INDIVIDUAL BORN WITH A MEDICALLY VERIFIABLE DISORDER OF SEX DEVELOPMENT, INCLUDING AN INDIVIDUAL:

(A) BORN WITH EXTERNAL BIOLOGICAL SEX CHARACTERISTICS THAT ARE AMBIGUOUS, INCLUDING AN INDIVIDUAL BORN WITH 46,XX CHROMOSOMES WITH VIRILIZATION, AN INDIVIDUAL BORN WITH 46,XY CHROMOSOMES WITH UNDERVIRILIZATION, OR AN INDIVIDUAL HAVING BOTH OVARIAN AND TESTICULAR TISSUE; OR (B) OTHERWISE DIAGNOSED WITH A DISORDER OF SEXUAL DEVELOPMENT BY A PHYSICIAN WHEN THE PHYSICIAN HAS DETERMINED, THROUGH GENETIC OR BIOCHEMICAL TESTING, THAT THE INDIVIDUAL DOES NOT HAVE NORMAL SEX CHROMOSOME STRUCTURE, SEX STEROID HORMONE PRODUCTION, OR SEX STEROID HORMONE ACTION.

(2) (a) AN ACTION BASED ON INTENTIONAL CONDUCT BROUGHT BY AN INDIVIDUAL FOR RECOVERY OF DAMAGES FOR INJURY SUFFERED AS THE RESULT OF A YOUTH GENDER TRANSITION PROCEDURE AGAINST THE PROVIDER WHO COMMITTED THE ACT MUST BE COMMENCED BEFORE THE INDIVIDUAL WHO WAS THE SUBJECT OF THE YOUTH GENDER TRANSITION PROCEDURE THAT IS ALLEGED TO HAVE CAUSED THE INJURY REACHES THIRTY-EIGHT YEARS OLD.

(b) NOTWITHSTANDING ANY OTHER STATUTE OF LIMITATIONS SPECIFIED IN THIS ARTICLE 80 OR ANY OTHER PROVISION OF LAW THAT CAN BE CONSTRUED TO LIMIT THE TIME PERIOD TO COMMENCE AN ACTION DESCRIBED IN THIS SECTION, AN ACTION FOR RECOVERY OF DAMAGES FOR LIABILITY AGAINST THE PROVIDER THAT OWED A DUTY OF CARE TO THE INDIVIDUAL WHEN A WRONGFUL OR NEGLIGENT ACT BY AN EMPLOYEE, OFFICER, DIRECTOR, OFFICIAL, VOLUNTEER, REPRESENTATIVE, OR AGENT OF THE PROVIDER WAS A LEGAL CAUSE OF THE YOUTH GENDER TRANSITION PROCEDURE THAT RESULTED IN THE INJURY TO THE INDIVIDUAL MUST BE COMMENCED BEFORE THE INDIVIDUAL WHO WAS THE SUBJECT OF THE YOUTH GENDER TRANSITION PROCEDURE THAT IS ALLEGED TO HAVE CAUSED THE INJURY REACHES THIRTY-EIGHT YEARS OLD.

(3) THIS SECTION DOES NOT:

(a) WHOLLY OR PARTLY REPEAL, EITHER EXPRESSLY OR BY IMPLICATION, ANY OTHER STATUTE THAT REGULATES OR PROHIBITS YOUTH GENDER TRANSITION PROCEDURES; OR

(b) RESTRICT A POLITICAL SUBDIVISION FROM REGULATING OR PROHIBITING YOUTH GENDER TRANSITION PROCEDURES IN A MANNER THAT IS AT LEAST AS STRINGENT AS THE LAWS OF THIS STATE.

(4) (a) EVERY PROVISION, SECTION, SUBSECTION, SENTENCE, CLAUSE, PHRASE, OR WORD IN THIS SECTION, AND EVERY APPLICATION OF THE PROVISIONS IN THIS SECTION, IS SEVERABLE FROM EACH OTHER. IF ANY APPLICATION OF ANY PROVISION IN THIS SECTION TO ANY PERSON, GROUP OF PERSONS, OR CIRCUMSTANCES IS FOUND BY A COURT TO BE INVALID, THE REMAINING APPLICATIONS OF THAT PROVISION TO ALL OTHER PERSONS AND CIRCUMSTANCES MUST BE SEVERED AND MAY NOT BE AFFECTED. ALL CONSTITUTIONALLY VALID APPLICATIONS OF THIS SECTION MUST BE SEVERED FROM ANY APPLICATIONS THAT A COURT FINDS TO BE INVALID, LEAVING THE VALID APPLICATIONS IN FORCE, BECAUSE IT IS THE GENERAL ASSEMBLY'S APPLICATIONS BE ALLOWED TO STAND ALONE.

INTENT AND PRIORITY THAT THE VALID

(b) THE GENERAL ASSEMBLY DECLARES THAT IT WOULD HAVE PASSED THIS SECTION, AND EACH PROVISION, SECTION, SUBSECTION, SENTENCE, CLAUSE, PHRASE, OR WORD, AND ALL CONSTITUTIONAL APPLICATIONS OF THIS SECTION, IRRESPECTIVE OF THE FACT THAT ANY PROVISION, SECTION, SUBSECTION, SENTENCE, CLAUSE, PHRASE, OR WORD, OR UNCONSTITUTIONAL. IF ANY PROVISION OF THIS SECTION IS FOUND BY ANY COURT TO BE UNCONSTITUTIONALLY VAGUE, THE APPLICATIONS OF THAT PROVISION THAT DO NOT PRESENT CONSTITUTIONAL VAGUENESS PROBLEMS MUST BE SEVERED AND REMAIN IN FORCE.

APPLICATIONS OF

SECTION 2.

THIS SECTION, WERE TO BE DECLARED Act subject to petition - effective date - applicability. (1) This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 12, 2026, if adjournment sine die is on May 13, 2026); except that, if a referendum petition is filed pursuant to section 1

(3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.

(2) This act applies to claims that have not been barred as of the applicable effective date of this act.