Chloe Cole Act of 2026

Remedies for Damaged Individuals: Individuals subjected to covered interventions as children and their parents or legal guardians are granted the ability to bring a civil action for damages against participating health care professionals, hospitals, and clinics under Section 3(a). This allows affected individuals to seek accountability and financial recovery.

Availability of Comprehensive Damages: Section 3(b) allows available damages to include compensatory damages for economic costs associated with undoing or correcting the intervention, non-economic damages for emotional distress and pain and suffering, and punitive damages if malicious, intentional, fraudulent, or reckless behavior is proven by clear and convincing evidence.

Protection for Necessary Medical Procedures: Section 2(2)(B) excludes appropriate and medically necessary procedures to treat verifiable disorders of sexual development, treatments for infections or injuries caused by prior interventions, and interventions for diagnosed and verifiable conditions like traumatic injuries, congenital structural anomalies, or acute illnesses from the definition of covered interventions. This ensures that unrelated necessary medical care is not penalized.

Burdens and Strict Liability for Providers: Section 3(c) imposes strict liability for damages on any health care professional, hospital, or clinic whose participation in a covered intervention on a child occurs after the date of enactment and is proven by clear and convincing evidence. This places a heavy legal and financial burden on medical providers.

Extended Vulnerability to Lawsuits: Section 5 establishes a statute of limitations allowing an action to be brought within 25 years from the date of the eighteenth birthday of the individual subjected to the intervention, or within 4 years from the time the cost of a detransition treatment is incurred, whichever is later. This exposes medical professionals and facilities to the threat of litigation for decades.

Retroactive Liability: Section 3(a) dictates that the cause of action is available regardless of whether the alleged covered intervention occurred before, on, or after the date of enactment of the Act. This retroactive application may create legal instability and unexpected liability for past medical practices that complied with prior standards of care.