Florida joined seven other states Thursday in restricting transitional medical care for minors. Parents of transgender youths immediately announced that they would challenge the law in court.
After months of heated debate and hearings, the Florida Board of Medicine passed a rule which prohibits minors from using hormone therapy or puberty blockers. The rule does not prohibit minors from receiving any gender-affirming surgery, even if they were receiving treatment before the rule became effective.
On March 28, the Florida Board of Osteopathic Medicine (FBOM) will adopt an identical rule.
Board of Medicine members stated that there isn’t enough evidence to support the side effects of the treatment in joint public hearings.
On February 10, many people testified that the rule was inconsistent with most medical evidence and guidance from almost all the relevant medical associations in the U.S. including the American Medical Association and the American Academy of Pediatrics. Dr. Vila, a pediatric anesthesiologist and Board of Medicine member, disagreed. Dr. Hector Vila is a pediatric anesthesiologist who is also a Board of Medicine member. He disagreed and said that the board had “reviewed hundreds of studies.”
Vila stated that she had spoken to both doctors and received testimony from both sides on the issue and that the overwhelming evidence does not support the use of hormone therapy and puberty blockers.
He said, “The board isn’t against research; it’s not against the care for transgender kids.” “The board’s goal was to protect children from treatments that have been proven to cause irreversible harm.
The new rule allows anyone to file a complaint against any health care practitioner. If the practitioner is found to have violated the rule, they can face a reprimand or a fine, or even the suspension or revocation of their professional license.
Already, the rule will be challenged by a group representing four national advocacy groups: the Southern Legal Counsel and GLBTQ Legal Advocates & Defenders as well as the National Center for Lesbian Rights.
Jane Doe, one of the plaintiffs, stated in a press release that the ban would prevent Jane Doe’s trans 11-year old daughter from accessing the treatment that she will need once she turns puberty.
According to Doe, “Our daughter is a happy and confident child, but denying her access the medical care recommended her doctors would completely disrupt the her life.” “I am devastated at what this will do for her mental and physical health.”
A Florida mother joined the lawsuit on behalf of her son, 14 years old. She said that the rule stripped “parents like me of our right” to ensure their children get appropriate, evidence-based care.
She said that her son was at a point where he was feeling hopeful and testosterone was on the horizon. He could also see a future for his body. But, this discriminatory rule has robbed him of that possibility. I am worried about the consequences of my child not having access to medical treatment. Parents should worry about the unthinkable. It is their worst nightmare.
The Board of Medicine and Board of Osteopathic Medicine in Florida did not immediately respond to a request for comment on the legal challenge.
These rules are part of a larger effort by Gov. Ron DeSantis will restrict gender-affirming healthcare. Following a June request by the state Health Department in August, the Florida Agency for Health Care Administration prohibited Medicaid from covering hormone therapy, puberty blockers and surgery for patients suffering from gender dysphoria. The measure was rejected by civil rights groups, but it was upheld by a federal judge in October.
A state Legislature committee approved Monday a bill that would ban minors from taking hormone therapy, puberty blockers, or receiving surgery to treat gender dysphoria. It also would prevent state funds from covering any transition-related care for anyone of any age. After being considered by another Senate committee, the bill would need to be approved by the full Senate and House votes before it could be sent to Governor.
This measure would also give courts jurisdiction in child custody cases to “protect the child from being subjected sex-reassignment prescribing or procedures.”
Minors would be able to continue receiving treatments, but it would be necessary that adults receive such treatments by a doctor and not a nurse practitioner.
Eight states — Alabama (Arizona, Arkansas, South Dakota), Tennessee, Utah and Mississippi — have enacted laws that restrict transition-related medical treatment for minors.
According to the American Civil Liberties Union, Florida legislators have filed 10 bills this year that target LGBTQ people. According to the ACLU, and a separate group of researchers , more than 400 state legislators have filed such bills nationwide.
SunServe founder Jim Lopresti said that his practice, which treats LGBTQ youths in Fort Lauderdale, has seen the legislation passed and debated over the Board of Medicine rule.
He said that the place where we are most concerned is the stress on families, and especially on young people, who find it difficult to leave Florida’s anti-LGBTQ programs.
Supporters of gender-affirming care argue that minors may regret changing. But Lopresti stated that he could only recall one trans youth who regretted it as an adult in the nearly two decades that he worked with them. It was because they didn’t have enough support.
He said, “When we hear of regrets it’s often from trans people who regret not doing it sooner — that’s far more common an experience.”
