Stop Senate Bill 218: Protect Montana’s Medical Providers

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Stop Senate Bill 218: Protect Montana’s Medical Providers

Members of the Montana State Legislature

The Free and Fair Coalition is a group of organizations working together to build community organizing power and fight for queer and trans rights in Montana. Our work is rooted in the pursuit of a future where all queer and transgender Montanans can thrive and live with safety, dignity, and justice.

If you are a medical provider, staff, or administrator, or are someone who routinely seeks medical care, you are needed to protect providers from an unprecedentedly cruel piece of legislation: Senate Bill 218. SB 218 sets a statute of limitations of 25 years for malpractice if a patient regrets gender affirming surgery, with the low liability standard of “the operation occurred.” This bill will drive away quality medical professions, worsening Montana’s healthcare for everyone, not just transgender Montanans.

Senate Bill 218 is being heard for the first time this Friday, February 7th at 8 AM in the Senate Judiciary Committee in the Montana State Capitol (Room 303), and we would like to send a message to our Senators to vote NO against this cruel and tired piece of legislation.

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Sponsored by

Free and Fair Coalition

To: Members of the Montana State Legislature
From: [Your Name]

We, the undersigned physicians, medical professionals, patients, and fellow Montanans, stand in strong opposition to Senate Bill 218 and the unprecedented cruelty it unleashes on providers and the transgender people of the state.

SB 218 sets a statute of limitations that far exceeds several other offenses such as criminal rape, civil wrongful death, and is five times longer than already existing medical malpractice limitations. It does this while also severely decreasing the standard of liability from “was injured and it was caused by the provider’s negligence,” to “the treatment occurred.”

SB 218 drives away quality medical professionals from the state, decreasing quality of care for all Montanans. This has not yet accounted for the hateful targeting of transgender individuals that SB 218 contributes to.

SB 218 relies on several misconceptions about trans people and the healthcare they receive. It substantially overestimates the amount of trans people who receive gender affirming surgeries as well as the amount of people who regret the operation. Roughly 35% of adult trans people receive gender affirming surgery and, with informed consent outlining the risks of all trans care, a staggering 1% regret it. A 1% regret rate is lower than back surgery (21%), knee replacements (18%), and even having a child (7%).

Trans healthcare also has demonstrated immense benefit for trans individuals empowered to live authentically to themselves. SB 218 is tremendously damaging to every person in the state and the future of the state’s healthcare profession. This bill cannot pass under the disguise of trans hate.

We urge you: oppose SB 218.

Thank you.