Good Bill
Sponsor: Rep. Ryan Armagost (R-Centennial)
The bill extends the statute of limitations for medical malpractice claims related to gender transition procedures performed on minors. Current law under C.R.S. 13-80-102.5 requires medical malpractice claims to be filed within two years of injury discovery. The bill creates an exception allowing claims related to pediatric gender transition procedures until the patient reaches age 26 or within four years of discovering the injury, whichever is later.
The legislation defines gender transition procedures to include puberty blockers, cross-sex hormones, and surgeries performed for purposes of transitioning gender before age 18. The extended limitations period applies to procedures performed in Colorado or by Colorado-licensed providers.
Studies documenting detransition include a 2021 survey in the Journal of Sex Research finding 13.1% of respondents detransitioned, with 82.5% citing at least one external factor like discrimination or pressure. A 2022 study in JAMA Network Open found the percentage of people seeking gender-affirming surgery who later pursued reversal surgery remained low but noted difficulty tracking long-term outcomes.
Questions raised include whether extending limitations periods affects physicians’ insurance coverage and practice decisions, whether the bill applies retroactively to procedures already performed, and how courts distinguish between standard medical malpractice and claims specific to gender transition outcomes.
House State Affairs will hear the bill Monday, March 9. Representative Armagost co-sponsors SB26-070 on location privacy.
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