SB 405 Wisconsin Senate · 2025-2026 Regular Session

Relating to: a civil cause of action for a minor injured by a gender transition procedure.

SB 405 creates a legal right for minors injured by gender transition procedures to sue healthcare providers for physical, psychological, emotional, or physiological harm. The bill defines "gender transition procedure" broadly (including puberty blockers and cross-sex hormones) but excludes treatments for certain medical conditions like disorders of sexual development. It requires providers to document a minor's gender identity for two years, obtain certification from multiple healthcare professionals confirming the procedure is the only treatment for a mental health concern, and provide specific risk warnings to minors and parents before consent. The law allows lawsuits to be filed before the minor turns 33, with defenses available if providers follow the required documentation and consent protocols.
Bill status vetoed 4 of 5 stages cleared
Introduction
Aug 2025
Committee Review
Dec 2025
Senate Passage
Feb 2026
Assembly Passage
Feb 2026
Vetoed
Mar 2026
Introduced Aug 28, 2025 Vetoed Mar 31, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Bill Text Text as Enrolled · 5 edits
MODERATE
The bill was finalized into law with minor formatting adjustments and a technical correction to the statute's numbering. The core policy remains unchanged: it creates a civil cause of action allowing minors to sue healthcare providers for injuries sustained during gender transition procedures, while establishing specific defenses for providers who followed strict documentation and consent protocols.
Scope change
The bill's scope and applicability remain unchanged; the text transitioned from a draft bill to an enacted law without altering the substantive legal provisions or the age thresholds for liability.
TECHNICAL

The statute was renumbered from Section 1 to Section 895.039 to align with the official Wisconsin Statutes format.

Standard legislative formatting elements, such as the 'Date of enactment' and 'Date of publication' headers, were added to finalize the text as an official act.

DEFINITION

The definition of 'gender transition procedure' was slightly reworded for clarity, though the specific medical services included (such as puberty blockers and hormone therapy) remain the same.

REQUIREMENT

A minor typographical error in the defense requirements was corrected, changing the number of required healthcare providers from 'one' to 'at least two' to ensure the defense is only available when multiple professionals certify the treatment is necessary.

TIMELINE

A new section was added clarifying that the law applies to procedures performed on or after the effective date of the act.

Floor votes · Assembly Feb 12, 2026

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
29
Key actions
5
Committee
1
Amendments
3
Mar 31, 2026
Vetoed
Report vetoed by the Governor on 3-31-2026
upper
Feb 12, 2026
Lower · Passed
Read a third time and concurred in, Ayes 53, Noes 45
lower
Feb 11, 2026
Upper · Passed
Read a third time and passed
upper
Feb 11, 2026
Upper · Passed
Senate Amendment 1 adopted
upper
Dec 12, 2025
Upper · Passed
Report passage as amended recommended by Committee on Health, Ayes 3, Noes 2
upper
Dec 12, 2025
Upper · Passed
Report adoption of Senate Amendment 1 recommended by Committee on Health, Ayes 3, Noes 2
upper
Dec 10, 2025
Introduced
Senate Amendment 1 offered by Senator Hutton
upper
Aug 28, 2025
Introduced
Introduced by Senators Hutton, Kapenga, Bradley and Nass; cosponsored by Representatives Nedweski, Steffen, Maxey, Brill, Green, Gustafson, O'Connor, Kreibich, Piwowarczyk, Penterman, Mursau, Allen, Dittrich, Knodl, Murphy, Wichgers and Behnke
upper
4 primary · 0 co-sponsors

Sponsors