Can your transgender child get healthcare in Florida? What to know about possible changes
Transgender minors would no longer receive gender-affirming care in Florida if a bill that advanced this week gets passed into law and makes “sex reassignment” medical care illegal.
READ MORE: Florida bill prohibiting transgender care for youth moves forward
The legislation, sponsored by Sen. Clay Yarborough, R-Jacksonville, is the latest move by state leaders targeting medical care for transgender children. The state’s Board of Medicine and Board of Osteopathic Medicine in November banned the use of any puberty blockers, hormone therapies or surgeries to treat gender dysphoria for anyone in Florida under age 18.
Here’s what to know about the bill, which has amplified tensions between conservative legislators and LGBTQ+ advocates.
Trans healthcare concerns
License at risk: Doctors who provide gender-affirming care to new minor patients may now risk losing their licenses because of the Board of Medicine rule. Medical professionals will be able to continue treating minor patient who have received care before the law goes into effect.
Penalties: The Senate bill, however, could lead to third-degree felony charges for healthcare providers, which means up to five years in prison, a $5,000 fine or five years’ probation. A previous version of the bill proposed that anyone who participated in providing gender-affirming care face a third-degree felony, leaving parents concerned that they could be imprisoned.
Written consent: The proposal also requires informed written consent for transgender adults seeking gender-affirming care. The Agency for Health Care Administration has barred the use of Medicaid for procedures like hormone therapies.
Funds: It forbids any “governmental entity” from spending state funds for gender-affirming care. Gov. Ron DeSantis’ office recently asked state universities about spending related to gender dysphoria procedures.
Challenges in custody battles
Court review: Gender-affirming care could be at the center of custody battles in Florida courts. Under Yarborough’s bill, a parent could request the court review a custody agreement if the other parent supports a transgender child seeking gender-affirming care “to protect the child from being subjected to sex-reassignment prescriptions or procedures.”
Out-of-state parent: The bill would also allow courts to consider a situation where a Florida parent doesn’t agree with the decision of an out-of-state parent who supports care for gender dysphoria. The court, however, isn’t required to act in any particular way.
Outcome: The original proposal would have allowed gender-affirming care to determine the outcome of custody agreements. A child on puberty blockers and hormone therapies could have been defined under “serious physical harm,” making it possible for a parent who doesn’t support their child’s transition to take custody of them.
What’s next?
Bill action: Senate leadership is reviewing the bill to determine whether to have it look at in another committee. The companion bill hasn’t been heard in the House, even though it has been referred to two committees.
