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MontanaSB 21869th Legislature, Regular Session (2025)SenateWALLET

Provide for private right of action for injuries caused by certain medical interventions to treat gender dysphoria

Sponsored By: John Fuller (Republican)

Became Law

Health Care ServicesLiabilityRemediesTortsCourts

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 2 costs, 0 mixed.

Families can sue over certain gender care

Beginning July 1, 2025, injured minors, their guardians, or the minor’s estate can sue doctors and other health providers over certain gender-related care given to minors. The law covers listed surgeries, high-dose cross-sex hormones, and puberty blockers, with lists that differ by sex at birth. You must prove the provider departed from the medical standard of care and that this caused the injury. Injuries can be physical, psychological, emotional, or physiological. You can seek money damages (including pain and suffering, lost income or reputation, loss of consortium and the expectation of sharing parenthood), punitive damages, court orders, and attorney fees and costs.

More time to sue over care

Starting July 1, 2025, you can file within a long window, up to 25 years from the last treatment. You have 2 years after you learn of both the injury and that the care caused it to file. The filing clock does not run while you are under a legal disability, does not run until you turn 23, and pauses during threats, intimidation, or fraud by the provider. For these injuries, malpractice time limits are also paused until you discover both the injury and its cause.

Limits and exclusions on these lawsuits

The law only covers care knowingly given to address a minor’s belief that their sex is not their sex at birth. Claims require proof that the provider deviated from the medical standard of care. It does not cover treatment for a medically verified disorder of sex development or care to treat infections, injuries, or diseases caused or worsened by prior procedures. It also excludes other clinically appropriate or evidence-based treatments. The law defines male, female, sex, gender, and who counts as a health care professional or physician.

Old private claim is repealed

Beginning July 1, 2025, the state removes a prior private cause of action for “subsequent harm.” That separate lawsuit right no longer exists in state law.

Sponsors & Cosponsors

Sponsor

  • John Fuller

    Republican • Senate

Cosponsors

  • Greg Hertz

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 446 • No: 339

Senate vote • 4/29/2025

ReconsAction - Millet

Yes: 38 • No: 59

Senate vote • 4/29/2025

Do Concur

Yes: 31 • No: 19

Senate vote • 4/28/2025

Do Concur

Yes: 28 • No: 20

Senate vote • 4/28/2025

Do Concur

Yes: 47 • No: 53

Senate vote • 4/17/2025

Do Pass

Yes: 32 • No: 18

Senate vote • 4/16/2025

Do Pass

Yes: 44 • No: 5

Senate vote • 4/11/2025

Do Concur

Yes: 55 • No: 44

Senate vote • 4/9/2025

Do Pass As Amended

Yes: 56 • No: 41

Senate vote • 4/9/2025

AMD-SB0218.002.001 Howell DO PASS

Yes: 55 • No: 42

Senate vote • 2/18/2025

Do Pass

Yes: 30 • No: 20

Senate vote • 2/15/2025

Do Pass

Yes: 30 • No: 18

Actions Timeline

  1. Chapter Number Assigned

    5/13/2025Senate

  2. Signed by Governor

    5/8/2025Senate

  3. Transmitted to Governor

    5/2/2025Senate

  4. Reconsidered Previous Action; Placed on 2nd Reading

    4/29/2025House

  5. 3rd Reading Governor's Proposed Amendments Adopted

    4/29/2025Senate

  6. 2nd Reading Governor's Proposed Amendments Adopted

    4/28/2025Senate

  7. 2nd Reading Governor's Proposed Amendments Not Adopted

    4/28/2025House

  8. 2nd Reading Pass Consideration

    4/25/2025House

  9. Returned with Governor's Proposed Amendments

    4/24/2025Senate

  10. Transmitted to Governor

    4/23/2025Senate

  11. Signed by Speaker

    4/22/2025House

  12. Signed by President

    4/22/2025Senate

  13. Returned from Enrolling

    4/20/2025Senate

  14. Sent to Enrolling

    4/17/2025Senate

  15. 3rd Reading Passed as Amended by House

    4/17/2025Senate

  16. 2nd Reading House Amendments Concurred

    4/16/2025Senate

  17. Returned to Senate with Amendments

    4/11/2025House

  18. 3rd Reading Concurred

    4/11/2025House

  19. 2nd Reading Concurred as Amended

    4/9/2025House

  20. 2nd Reading Motion to Amend Carried

    4/9/2025House

  21. Committee Report--Bill Concurred as Amended

    4/3/2025House

  22. Committee Executive Action--Bill Concurred as Amended

    4/3/2025House

  23. Hearing

    3/17/2025House

  24. First Reading

    2/19/2025House

  25. Referred to Committee

    2/19/2025House

Bill Text

  • Enrolled

    4/17/2025

    PDF

  • As Amended (Version 3)

    4/9/2025

    PDF

  • As Amended (Version 2)

    4/3/2025

    PDF

  • Introduced

    1/27/2025

    PDF

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