Limitation on Gender Transition Procedure Claims

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED

LLS NO. 26-0308.01 Jacob Baus x2173 HOUSE BILL 26-1128
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs
A BILL FOR AN ACT
CONCERNING THE STATUTE OF LI MITATIONS FOR YOUTH GENDER101
TRANSITION PROCEDURES.102
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.
HOUSE SPONSORSHIP
DeGraaf,
SENATE SPONSORSHIP
(None),
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:1
SECTION 1. In Colorado Revised Statutes, add 13-80-104.5 as2
follows:3
13-80-104.5. Limitation of actions for youth gender transition4
procedures - severability - legislative declaration - definitions.5
(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE6
REQUIRES:7
(a) "P ROVIDER " MEANS A PHYSICIAN , SURGEON ,8
ENDOCRINOLOGIST, MENTAL HEALTH PROFESSIONAL, CLINIC, HOSPITAL, OR9
OTHER ENTITY INVOLVED IN RECOMMENDING, APPROVING, OR PROVIDING10
A GENDER TRANSITION PROCEDURE.11
(b) "SEX" MEANS AN INDIVIDUAL'S CLASSIFICATION AS ONE OF THE12
ONLY TWO CLASSES OF HUMAN, MALE OR FEMALE, BASED ON THE TYPE OF13
GAMETE THAT INDIVIDUAL HAS , HAD, WILL HAVE, OR WOULD HAVE BUT14
FOR A CONGENITAL ANOMALY OR INTENTIONAL OR UNINTENTIONAL15
DISRUPTION; THE CAPACITY TO PRODUCE AS DICTATED BY HIS OR HER16
SEXUAL ANATOMY ; AND WIT HOUT REFERENCE TO THE INDIVI DUAL'S17
PSYCHOLOGICAL STATE, BEHAVIOR, EXPRESSION, OR PERSONAL IDENTITY.18
(c) (I) "Y OUTH GENDER TRANSITION PROCEDURE " MEANS A19
MEDICAL PROCESS PERFORMED BEFORE THE AGE OF TWENTY-SIX BY WHICH20
AN INDIVIDUAL'S ANATOMY, PHYSIOLOGY, OR MENTAL STATE IS TREATED21
OR ALTERED , INCLUDING BY THE REMOVAL OF OTHERWISE HEALTHY22
ORGANS OR TISSUE, THE INTRODUCTION OF IMPLANTS OR PERFORMANCE23
OF OTHER PLASTIC SURGERY , HORMONE TREATMENT , OR THE USE OF24
DRUGS, COUNSELING, OR THERAPY, FOR THE PURPOSE OF FURTHERING OR25
ASSISTING THE INDIVIDUAL 'S IDENTIFICATION AS A MEMBER OF THE26
OPPOSITE SEX , GROUP , OR DEMOGRAPHIC CATEGORY THAT DOES NOT27
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CORRESPOND TO THE INDIVIDUAL'S SEX, WHICH MAY INCLUDE:1
(A) PRESCRIBING OR ADMINISTERING MEDICATION;2
(B) P ERFORMING A SURGERY THAT STERILIZES , INCLUDING3
CASTRATION , VASECTOMY , HYSTERECTOMY , OOPHORECTOMY ,4
ORCHIECTOMY, AND PENECTOMY;5
(C) P ERFORMING A SURGERY THAT ARTIFICIALLY CONSTRUCTS6
TISSUE WITH THE APPEARANCE OF GENITALIA THAT DIFFERS FROM THE7
INDIVIDUAL'S SEX , INCLUDING METOIDIOPLASTY , PHALLOPLASTY , AND8
VAGINOPLASTY; OR9
(D) REMOVING ANY HEALTHY OR NONDISEASED B ODY PART OR10
TISSUE.11
(II) "YOUTH GENDER TRANSITION PROCEDURE" DOES NOT INCLUDE12
MALE CIRCUMCISION. MALE CIRCUMCISION IS RECOGNIZED AS BEING FOR13
HYGIENIC OR RELIGIOUS PURPOSES AND IS NOT FOR THE PURPOSE OF14
ATTEMPTING TO ALTER THE APPEARANCE OF OR AFFIRM AN INDIVIDUAL'S15
PERCEPTION OF THEIR GENDER OR SEX WHEN THE ALTERED APPEARANCE16
OR AFFIRMED PERCEPTION IS INCONSISTENT WITH THE INDIVIDUAL'S SEX.17
(III) "Y OUTH GENDER TRANSITION PROCEDURE " DOES NOT18
INCLUDE A PROCEDURE UNDERTAKEN TO TREAT AN INDIVIDUAL BORN19
WITH A MEDICALLY VERIFIABLE DISORDER OF SEX DEVELOPMENT ,20
INCLUDING AN INDIVIDUAL:21
(A) B ORN WITH EXTERNAL BIOLOGICAL SEX CHARACTERISTICS22
THAT ARE AMBIGUOUS , INCLUDING AN INDIVIDUAL BORN WITH 46,XX23
CHROMOSOMES WITH VIRILIZATION , AN INDIVIDUAL BORN WITH 46,XY24
CHROMOSOMES WITH UNDERVIRILIZATION , OR AN INDIVIDUAL HAVING25
BOTH OVARIAN AND TESTICULAR TISSUE; OR26
(B) O THERWISE DIAGNOSED WITH A DISORDER OF SEXUAL27
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DEVELOPMENT BY A PHYSICIAN WHEN THE PHYSICIAN HAS DETERMINED,1
THROUGH GENETIC OR BIOCHEMICAL TESTING, THAT THE INDIVIDUAL DOES2
NOT HAVE NORMAL SEX CHROMOSOME STRUCTURE , SEX STEROID3
HORMONE PRODUCTION, OR SEX STEROID HORMONE ACTION.4
(2) (a) AN ACTION BASED ON INTENTIONAL CONDUCT BROUGHT BY5
AN INDIVIDUAL FOR RECOVERY OF DAMAGES FOR INJURY SUFFERED AS THE6
RESULT OF A YOUTH GENDER TRANSITION PROCEDURE AGAINST THE7
PROVIDER WHO COMMITTED THE ACT MUST BE COMMENCED BEFORE THE8
INDIVIDUAL WHO WAS THE SUBJECT OF THE YOUTH GENDER TRANSITION9
PROCEDURE THAT IS ALLEGED TO HAVE CAUSED THE INJURY REACHES10
THIRTY-EIGHT YEARS OLD.11
(b) N OTWITHSTANDING ANY OTHER STATUTE OF LIMITATIONS12
SPECIFIED IN THIS ARTICLE 80 OR ANY OTHER PROVISION OF LAW THAT CAN13
BE CONSTRUED TO LIMIT THE TIME PERIOD TO COMMENCE AN ACTION14
DESCRIBED IN THIS SECTION, AN ACTION FOR RECOVERY OF DAMAGES FOR15
LIABILITY AGAINST THE PROVIDER THAT OWED A DUTY OF CARE TO THE16
INDIVIDUAL WHEN A WRONGFUL OR NEGLIGENT ACT BY AN EMPLOYEE ,17
OFFICER, DIRECTOR, OFFICIAL, VOLUNTEER, REPRESENTATIVE, OR AGENT18
OF THE PROVIDER WAS A LEGAL CAUSE OF THE YOUTH GENDER TRANSITION19
PROCEDURE THAT RESULTED IN THE INJURY TO THE INDIVIDUAL MUST BE20
COMMENCED BEFORE THE INDIVIDUAL WHO WAS THE SUBJECT OF THE21
YOUTH GENDER TRANSITION PROCEDURE THAT IS ALLEGED TO HAVE22
CAUSED THE INJURY REACHES THIRTY-EIGHT YEARS OLD.23
(3) THIS SECTION DOES NOT:24
(a) W HOLLY OR PARTLY REPEAL , EITHER EXPRESSLY OR BY25
IMPLICATION, ANY OTHER STATUTE THAT REGULATES OR PROHIBITS YOUTH26
GENDER TRANSITION PROCEDURES; OR27
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(b) R ESTRICT A POLITICAL SUBDIVISION FROM REGULATING OR1
PROHIBITING YOUTH GENDER TRANSITION PROCEDURES IN A MANNER THAT2
IS AT LEAST AS STRINGENT AS THE LAWS OF THIS STATE.3
(4) (a) E VERY PROVISION , SECTION , SUBSECTION , SENTENCE ,4
CLAUSE, PHRASE, OR WORD IN THIS SECTION, AND EVERY APPLICATION OF5
THE PROVISIONS IN THIS SECTION , IS SEVERABLE FROM EACH OTHER . IF6
ANY APPLICATION OF ANY PROVISION IN THIS SECTION TO ANY PERSON ,7
GROUP OF PERSONS , OR CIRCUMSTANCES IS FOUND BY A COURT TO BE8
INVALID, THE REMAINING APPLICATIONS OF THAT PROVISION TO ALL OTHER9
PERSONS AND CIRCUMSTANCES MUST BE SEVERED AND MAY NOT BE10
AFFECTED. ALL CONSTITUTIONALLY VALID APPLICATIONS OF THIS SECTION11
MUST BE SEVERED FROM ANY APPLICATIONS THAT A COURT FINDS TO BE12
INVALID, LEAVING THE VALID APPLICATIONS IN FORCE, BECAUSE IT IS THE13
GENERAL ASSEMBLY 'S INTENT AND PRIORITY THAT THE VALID14
APPLICATIONS BE ALLOWED TO STAND ALONE.15
(b) T HE GENERAL ASSEMBLY DECLARES THAT IT WOULD HAVE16
PASSED THIS SECTION , AND EACH PROVISION , SECTION , SUBSECTION ,17
SENTENCE, CLAUSE , PHRASE , OR WORD , AND ALL CONSTITUTI ONAL18
APPLICATIONS OF THIS SECTION , IRRESPECTIVE OF THE FACT THAT ANY19
PROVISION, SECTION, SUBSECTION, SENTENCE, CLAUSE, PHRASE, OR WORD,20
OR APPLICATIONS OF THIS SECTION , WERE TO BE DECLARED21
UNCONSTITUTIONAL. IF ANY PROVISION OF THIS SECTION IS FOUND BY ANY22
COURT TO BE UNCONSTITUTIONALLY VAGUE, THE APPLICATIONS OF THAT23
PROVISION THAT DO NOT PRESENT CONSTITUTIONAL VAGUENESS24
PROBLEMS MUST BE SEVERED AND REMAIN IN FORCE.25
SECTION 2. Act subject to petition - effective date -26
applicability. (1) This act takes effect at 12:01 a.m. on the day following27
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the expiration of the ninety-day period after final adjournment of the1
general assembly (August 12, 2026, if adjournment sine die is on May 13,2
2026); except that, if a referendum petition is filed pursuant to section 13
(3) of article V of the state constitution against this act or an item, section,4
or part of this act within such period, then the act, item, section, or part5
will not take effect unless approved by the people at the general election6
to be held in November 2026 and, in such case, will take effect on the7
date of the official declaration of the vote thereon by the governor.8
(2) This act applies to claims that have not been barred as of the9
applicable effective date of this act.10
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