S.Amdt. 4164

The amendment, known as the "Chloe Cole Act," aims to add a section to bill H.R. 6938 that prohibits health care professionals, hospitals, and clinics from participating in the "chemical or surgical mutilation" of a child (defined as anyone under 18 years of age).

Purpose and Changes

The amendment seeks to implement the following:

• Prohibitions: It bans the use of puberty blockers, sex hormones, and surgical procedures intended to change a child's body or biological functions to no longer correspond to their sex.

• Exceptions: The ban does not apply to detransition treatment, treatment for infections or injuries caused by these procedures, medically necessary procedures for verifiable disorders of sexual development, or treatments for diagnosed conditions of the body's organ systems (such as traumatic injuries or acute illnesses with high mortality risk).

• Legal Accountability: It creates a private right of action, allowing individuals who were subjected to these procedures as children, or their parents/guardians, to sue for compensatory, non-economic, and punitive damages.

• Liability: Health care providers who participate in these acts after the Act is passed shall be strictly liable. The amendment also specifies that liability for health care professionals cannot be waived.

• Scope: The prohibition applies if the acts involve interstate or foreign commerce, including travel, payments, communications, or the use of items that traveled in interstate or foreign commerce.