Revision: June 2, 2025, 3:15 p.m.
Sen. Rochefort, Dist 1
Sen. Innis, Dist 7
May 28, 2025
2025-2514s
07/05
Floor Amendment to HB 377-FN
Amend the title of the bill by replacing it with the following:
AN ACT relative to health care professionals administering hormone treatments and puberty blockers and creating a private right of action for violation of the chapter.
Amend RSA 332-N as inserted by section 2 of the bill by inserting after 332-N:2 the following new section:
332-N:3 Private Right of Action.
I. A minor aggrieved by a violation of this chapter may bring an action in the superior court for damages and injunctive relief against any person who has committed a violation of this chapter.
II. An individual under 18 years of age may bring an action during their minority through a parent or next friend, or may bring an action in their own name upon reaching majority. A person shall bring a claim for a violation of this chapter no later than 2 years after the minor aggrieved by violation of this chapter reaches the age of majority.
III. Notwithstanding any other provision of law, an action under this chapter may be commenced, and relief may be granted, in a judicial proceeding without regard to whether the person commencing the action has sought or exhausted available administrative remedies.
IV. Notwithstanding RSA 507-E or any other provision of law, the plaintiff may recover damages for all injuries, including but not limited to any costs incurred for any subsequent procedures, therapies, prescriptions, or other treatments related to the unlawful medical procedure or treatment.
V. In any action or proceeding to enforce a provision of this chapter, a prevailing party who establishes a violation of this chapter shall recover reasonable attorneys’ fees.
VI.(a) The attorney general shall have authority to bring suit to enforce compliance with this chapter.
(b) This chapter shall not be construed to deny, impair, or otherwise affect any right or authority of the attorney general, the State of New Hampshire, or any agency, officer, or employee of the state, acting under any law other than this chapter, to institute or intervene in any proceeding.
2025-2514s
AMENDED ANALYSIS
This bill prohibits the performance of a medical procedure or the prescription or issuance of medication, upon or to a minor child, that is intended to alter the minor child's gender. The bill also creates a private right of action against a person who commits a violation of the chapter.