Official Summary Text
SB1094 - 572R - Senate Fact Sheet
Assigned to
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COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh
Legislature, Second Regular Session
FACT SHEET FOR
S.B. 1094
civil liability;
gender reassignment surgery
Purpose
Establishes
civil liability for a physician who performs irreversible gender reassignment
surgery on a minor and specifies recoverable damages and a statute of
limitations.
Background
Statute
prohibits physicians from providing irreversible gender reassignment surgery to
any individual under 18 years of age. Physicians may provide: 1) services to an
individual diagnosed or born with a medically verifiable sex development
disorder; 2) treatment for an infection, injury, disease or disorder caused or
exacerbated by a gender transition procedure; and 3) any procedure necessary to
treat a physical disorder, injury or illness that, as certified by a physician,
would place the individual in imminent danger of death or impairment of a major
bodily function unless surgery is performed
Irreversible
gender reassignment surgery
is a medical procedure performed for the
purpose of assisting an individual with a gender transition, including the
following surgical procedures:
1) penectomy, orchiectomy, vaginoplasty, clitoroplasty, vulvoplasty or
augmentation mammoplasty for biologically male patients; and 2) hysterectomy,
ovariectomy, metoidplasty, phalloplasty, vaginectomy, scrotoplasty,
subcutaneous mastectomy or implantation of erection or testicular prostheses
for biologically female patients (
A.R.S.
� 32-3230
).
There is no
anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1.
Establishes civil liability for a physician who provides irreversible
gender reassignment surgery to a minor for damages resulting from the surgery,
including any damages that would not have occurred but for the surgery.
2.
Provides that parental consent is not a defense to liability.
3.
Requires
a person who prevails in a civil action to be awarded:
a)
actual damages, including damages for mental anguish even if an injury
other than mental anguish is not shown;
b)
exemplary damages; and
c)
court
costs and reasonable attorney fees
4.
Requires an action for recovery of damages to filed within 20 years
after the minor reaches 18 years of age or four years after the minor undergoes
detransition treatment, whichever is later.
5.
Defines terms.
6.
Becomes effective on the general effective date.
Prepared by Senate Research
February 13, 2026
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Current Bill Text
Read the full stored bill text
SB1094 - 572R - S Ver
Senate Engrossed
civil liability;
gender reassignment surgery
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1094
AN
ACT
amending title 12, chapter 6, article 12,
Arizona Revised Statutes, by adding section 12-723; relating to special
actions and proceedings by individual persons.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 6, article 12,
Arizona Revised Statutes, is amended by adding section 12-723, to read:
START_STATUTE
12-723.
Irreversible gender reassignment surgery; civil liability;
statute of limitations; definitions
A. A physician who provides
irreversible gender reassignment surgery to a minor in violation of section 32-3230
is liable in a civil action to the minor for damages that result from the
surgery, including any damages that would not have otherwise occurred but for
the surgery.
B. It is not a defense to liability
under this section that the minor's parents consented to the irreversible
gender reassignment surgery.
C. A person who prevails under this
section shall be awarded actual damages, including damages for mental anguish
even if an injury other than mental anguish is not shown, exemplary damages,
court costs and reasonable attorney fees.
D. Notwithstanding any other law, an
action for the recovery of damages under this section shall be commenced not
later than twenty-five years after the minor turns eighteen years of age
or four years after the minor who had the irreversible gender reassignment
surgery undergoes detransition treatment, whichever is later.
E. For the purposes of this section:
1. "Irreversible gender
reassignment surgery" has the same meaning prescribed in section 32-3230.
2. "Physician" has the same
meaning prescribed in section 32-3230.
END_STATUTE