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The Trifecta [1]
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Date: 2023-05-17
There are now three more states prohibiting gender-affirming health care for minors*.
Missouri. Closely tailored after model legislation seen in other states, Missouri will now prohibit gender-affirming surgical, hormonal, and puberty-blocking care for minors.
Effective date: August 28, 2023;
Appears to have a clause permitting ongoing care for minors receiving hormones or puberty-blockers as of that date;
The ban on hormonal or puberty blocking care for minors expires on August 28, 2027—perhaps an attempt to evade eventual litigation consequences by rendering them moot on or about the time they would hit the Supreme Court?
Medical professionals violating the prohibitions will have their license to practice revoked;
No-fault liability cause of action created with treble damages in addition to a minimum $500,000 damages award; a person is presumed to be ‘harmed’ for the purposes of the cause of action if they become infertile as a result of the care provided. It’s all about reproductive control, even here.
Nebraska. Will prohibit gender-affirming surgical, hormonal, and puberty-blocking care for persons under 19.
Effective date: October 1, 2023
Appears to have a clause permitting ongoing care for minors receiving hormones or puberty-blockers as of that date; Requires detailed administrative rules to be established governing when and under what circumstances hormones and puberty blockers may be provided to persons under 19, but no deadline as to when those rules should be finalized;
Medical professionals violating the prohibitions will face disciplinary action;
No-fault liability cause of action created;
Unusually broad definition of “gender-altering procedures”—which are now banned—may have unintended consequences: “Gender-altering procedures include[] any medical or surgical service…. that seeks to alter or remove physical or anatomical characteristics that are typical for the individual’s biological sex…”
Texas. Texas dialed back the worst parts of its proposed THCB, yet the remainder passed. Surgical, hormonal, and puberty-blocking care will be prohibited.
Effective date: September 1, 2023
Does not have a meaningful exception for children already receiving hormonal or puberty-blocking care. To qualify, a minor must have completed 12 or more sessions of counseling during a period of at least six months prior to beginning the course of treatment….and the course of treatment must begin before June 1, 2023. Even if the exception applies, a child is now directed to “wean off the prescription drug over a period of time and in a manner that is safe.” Take note that the legislature—a body wholly unqualified to make such determinations—is now specifically directing the medical care of a child.
Medical professionals violating the prohibitions will face disciplinary action, enforceable by the Attorney General of Texas.
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