Arkansas House passes HB1916 limiting liability for gender-affirming care

Arkansas lawmakers have introduced House Bill 1916, a controversial piece of legislation aimed at regulating gender-affirming care for minors. Introduced on April 16, 2025, the bill seeks to hold healthcare professionals accountable for any injuries minors may suffer as a result of gender transition procedures or interventions.

The bill stipulates that if a minor experiences physical, psychological, emotional, or physiological harm from such treatments, they—or their guardians—can file civil lawsuits against the healthcare providers involved. This includes seeking compensatory and punitive damages, as well as coverage for attorney fees. Notably, the timeframe for filing these lawsuits extends up to 15 years after the minor turns 18, allowing significant time for potential claims.

A key provision of the bill includes a "safe harbor" clause, which offers a defense for healthcare professionals if they can demonstrate that they documented the minor's gender identity consistently over a two-year period and obtained written certification from at least two healthcare professionals regarding the necessity of the treatment.

The introduction of HB1916 has sparked intense debate among lawmakers, healthcare providers, and advocacy groups. Proponents argue that the bill is necessary to protect minors from potentially harmful medical decisions, while opponents contend that it undermines the rights of transgender youth to access necessary healthcare and could deter medical professionals from providing gender-affirming care.

The implications of this legislation are significant, as it could reshape the landscape of transgender healthcare in Arkansas. Experts warn that such measures may lead to increased mental health issues among transgender youth, who already face higher rates of anxiety and depression. The bill's passage could also set a precedent for similar legislation in other states, further polarizing the national conversation around gender identity and healthcare access.

As the legislative session progresses, stakeholders are closely monitoring the developments surrounding HB1916, with potential outcomes that could impact the lives of many Arkansas families and the broader discourse on gender-affirming care across the United States.