No. CS/SB 1010
Filed under Healthcare.
Enforcement of Protections for Minors; Providing criminal penalties for health care practitioners who willfully or actively aid or abet another in a violation of specified provisions; clarifying that a private cause of action exists to recover damages for personal injury or death resulting from a violation of a specified provision; providing that an individual may recover all economic and noneconomic damages for injuries sustained before or after turning 18 years of age which result from such violation; creating a private cause of action to recover damages against certain public employees and health care practitioners for violations of specified provisions, etc.
Plain English Summary
AI-GENERATEDCreates a new Attorney General enforcement power to investigate and sue over sex-reassignment care given to minors and over health care services or prescriptions given to a minor without parental consent, with civil penalties up to $100,000 per violation.
Lets a person who received prohibited sex-reassignment prescriptions or procedures as a minor recover all economic and noneconomic damages for injuries suffered before or after turning 18, removing any age-of-injury cutoff on the existing private lawsuit right.
Extends criminal liability under the sex-reassignment prohibition to a health care practitioner who aids or abets a violation, not only one who directly participates, making it a felony to assist another practitioner's unlawful treatment of a minor.
Creates a parallel private lawsuit right against a public employee who violates specified parental rights, or a health care practitioner who provides care or medication to a minor without parental consent, with a 2-year filing deadline.
AIThe Attorney General gains authority to investigate suspected sex-reassignment treatment of minors and, if a violation is found, to sue for damages, injunctive relief, and civil penalties of up to $100,000 per violation, an enforcement power independent of any private lawsuit.
AIA person harmed by sex-reassignment prescriptions or procedures given in violation of the law may recover full economic and noneconomic damages whether the injury occurred while a minor or after turning 18, removing any cutoff tied to when the injury manifested.
AIA health care practitioner who merely aids or abets another practitioner's unlawful sex-reassignment treatment of a minor, without personally performing it, now commits the same third-degree felony as one who directly participates.
AIA new private lawsuit right lets an injured minor sue a government employee who violates specified parental rights, or a health care practitioner who provides or arranges health care services or drug prescriptions to a minor without parental consent.
AIBeyond the private lawsuit, the Attorney General may separately investigate and sue over violations of the parental-consent and parental-rights provisions in chapter 1014, with any damages recovered required to benefit the affected minor rather than the state.
AIA lawsuit under the new chapter 1014 cause of action must be filed within 2 years of the violation, a much shorter window than the 20-year period the sex-reassignment cause of action allows under section 766.318.