Senate passes ban on sex reassignment surgeries for minors

TALLAHASSEE, Fla. (FLA) – The Florida Senate approved a bill to prohibit minors from receiving sex reassignment surgeries and prescriptions Tuesday.

It will also sets guidelines for adults who want to go forward with sex reassignment surgeries. It also prohibits government entities or organizations contracting with the state from using state funds for these treatments.

Sen. Clay Yarborough, R-Jacksonville, sponsored the legislation which passed 27-12. A related bill is being taken up in the House by Rep. Randy Fine, R-Melbourne Beach.

“This bill will allow children to be children,” Yarborough said.

During debate, Sen. Lori Berman, D-Boynton Beach, opposed the bill.

“Free states don’t ban healthcare. This state should not be stepping in to override parents decisions about healthcare for their children. […] This bill is wrong on the way it attacks transgender adults,” Berman said. 

Yarborough said the bill protects children from life altering procedures and protects adults with the extra guardrails.

“This bill is even more important to the children that are led down the path and told that the only option for curing mental health issues is gender affirming treatments and surgeries, which causes permanent disfigurement, and may eliminate the ability to have children by subjecting their bodies to devastating long term damage,” Yarborough said.

Yarborough said the bill amends Florida’s child custody statutes to “protect the rights of parents,” and “ensure a pathway for a parent to petition the court if the other parent attempts to subject their child to a sex reassignment prescription or procedure.”

An adopted amendment, which was proposed by Yarborough, would grant courts of the state temporary emergency jurisdiction over a child present in the state if the child has been “subjected to, or is threatened with being subjected to sex reassignment prescriptions or procedures.”

The bill prohibits Florida healthcare practitioners from providing sex reassignment prescriptions and procedures for minors treatments for children, but makes an exception for children who were already receiving prescription treatments when the bill becomes law.

Yarborough said under the bill, the Board of Medicine and the Board of Osteopathic Medicine would have 60 days to do emergency rules, which would outline what the process would be for standards of care pertaining to minors who would already be on these treatments.

“So if you had one come in from out of state, or if you had one in state, who already was receiving those treatments, up to the effective date of the bill, then those could continue,” Yarborough explained during a press conference Monday.

“Then the boards of medicine will adopt rules that govern how that can go moving forward, whether it be ultimately a discontinuation, or whether it be some other items related to standards of care, the boards will decide what happens at that point,” Yarborough said.

The bill creates a third degree felony for healthcare practitioners who willfully or actively participate in violating the prohibition against providing these treatments to a child.

The bill amends existing law relating to authority for the Department of Health to issue an emergency order suspending the license of a practitioner who was arrested for violating certain crimes.

It also requires that any hospital, ambulatory surgical center, or physician’s office registered for the provision of office surgery, to provide a signed statement to the Agency for Health Care Administration or the Department of Health.

The statement must say that the facility or office does not offer or provide sex-reassignment prescriptions or procedures for children, except those qualifying for the exception under the bill, and also does not refer such patients to other providers for those treatments.

The bill ensures that only licensed medical doctors and osteopathic physicians can lawfully provide such treatment.

Regarding adults who want the sex reassignment procedures or prescriptions, they would need to consent in writing. They would receive forms from the Florida Department of Health.

The physician prescribing or performing the procedure would need to be in the same room to inform the patient of the “nature and risks of the prescription or procedure” prior to the patient making a decision.

A health care practitioner and doctor who provides the treatments without receiving a voluntary informed consent commits a first degree misdemeanor.

Lastly, the bill bans spending state funds for these treatments by governmental entities, a public postsecondary educational institution, or organizations contracted by the state to manage the provision of Medicaid services or to manage the state’s Mental Health and Substance Abuse Providers.

An amendment was added Monday that added postsecondary educational institutions to the list.

Florida medical boards had approved a rule in February that prohibited minors from receiving puberty blockers, cross-sex hormones, and surgery to treat gender dysphoria. The rule went into effect in March.

The related bill passed through its committees in the House and awaits a floor vote.