March 13, 2023

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Arkansas Gov. Sanders signed SB199 (Act 274) creating special malpractice liability for gender-affirming care providers of minors

On March 13, 2023, Arkansas Gov. Sarah Huckabee Sanders signed SB199 into law as Act 274, the Protecting Minors From Medical Malpractice Act of 2023, creating a dedicated civil right of action letting a minor or a representative sue a health care professional who performs a "gender transition procedure." The law exposes those clinicians to compensatory and punitive damages and lets a patient sue for up to 15 years after turning 18, far longer than Arkansas's standard two-year malpractice window. It was sponsored by Sen. Gary Stubblefield and Rep. Mary Bentley and passed both chambers along party lines.