Federal Bill Criminalizes Gender Transition Care for Minors: Providers Face Up to 5 Years in Prison

This bill, titled the Protecting Children from Experimentation Act of 2025, aims to make it a federal crime for any healthcare professional to knowingly perform or help carry out a gender transition procedure on a person under 18. If passed, providers could face fines, up to five years in federal prison, or both. The law is designed to kick in whenever the procedure touches interstate commerce—meaning if the doctor, the patient, the payment, or even the medical supplies crossed state lines, federal jurisdiction applies. Crucially, the minor who receives the procedure cannot be prosecuted under this law, but they are specifically granted the right to sue the providers in civil court later on.

The New Federal Red Line for Doctors

For healthcare professionals, this bill represents a massive shift. It takes a specific area of medical practice—gender-affirming care for minors—and makes it a federal felony. The bill defines “gender transition procedure” broadly, banning everything from puberty blockers (like GnRH agonists) and cross-sex hormones (testosterone or estrogen) to various surgeries, including breast augmentation, hysterectomies, and even voice surgery, when performed with the intent of changing a minor's biological sex presentation. This means that access to this specific type of care would effectively vanish for anyone under 18, regardless of parental consent or medical recommendation.

Who Gets Caught in the Commerce Clause Net?

One of the most significant practical implications lies in how the bill establishes federal jurisdiction. It relies heavily on the Commerce Clause, applying the law if the procedure “otherwise affects interstate or foreign commerce.” Think about it: almost every medical practice in the country uses supplies manufactured out of state, accepts insurance payments that cross state lines, or serves patients who might travel even a short distance over a state border. This broad definition means that even a local doctor providing care funded by an in-state insurance plan could potentially be subject to federal criminal prosecution if the pills or equipment they used originated elsewhere.

Exceptions and Exclusions: Where the Line Is Drawn

The bill does carve out specific exceptions. It’s not a total ban on all related procedures. For instance, treatment for a medically verifiable disorder of sex development (DSD)—like intersex conditions—is allowed, provided there is consent from the minor or their guardian. Procedures necessary to save a life or prevent the impairment of a major bodily function are also exempt. Furthermore, giving puberty blockers to a minor experiencing precocious puberty (when puberty starts too early) to normalize their development is explicitly permitted. These exceptions show the law is narrowly targeting procedures done for the purpose of “gender transition,” using strict definitions of biological sex.

The Real-World Impact on Families and Providers

If this becomes law, the immediate impact would be felt hardest by families with minors currently accessing or seeking this care. A family whose child is on puberty blockers or hormone therapy would see their treatment immediately criminalized, forcing them to find alternative, non-medical solutions or travel far out of state, assuming those areas don't follow suit. For providers, the risk of a five-year prison sentence is a powerful deterrent, creating a massive chilling effect that would likely cause many to stop providing any care even tangentially related to gender identity, fearing a misstep that could trigger a federal investigation. On the flip side, the bill provides a new avenue for civil recourse, allowing individuals who received these procedures as minors to sue every person involved in providing that care, which could expose doctors and clinics to significant financial liability years down the road.