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S. 2907IntroducedSenate · nowHousePresidentLawIn committee
Sec. 5 · S. 2907

Rules of construction

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In this Act: (1) No private right of action is established based on counseling, referrals to mental health professionals, or discussions of treatment options, including counseling, referrals, or options available upon reaching adulthood, or in circumstances not described in section 3(b), provided by health care professionals, or mental health professionals, provided that such actions do not constitute participation in chemical or surgical mutilation, as defined in section 2. (2) No liability for a health care professional under these provisions may be waived. (3) Any ambiguities shall be resolved against any party found to have engaged in participation, as defined in section 2(6), in the chemical or surgical mutilation of a child. (4) In any cases in which chemical or surgical mutilation of a child is shown to have occurred before the date of enactment of this Act, there is limited deference to prevailing standards of care to the extent that such standards contradict the intent of this Act and it is shown that the health care professional knew or should have known that such standards of care were in serious, scientific, and medical dispute at the time of the chemical or surgical mutilation. (5) Nothing in this Act shall be construed to prohibit a health care professional or mental health professional from providing information about all available treatment options, discussing risks and benefits, or expressing professional medical opinions, so long as such actions do not constitute participation in chemical or surgical mutilation.

Sec. 5: Rules of construction · Public Law Tracker