Florida Boards of Medicine and Osteopathy Finalize Rules to Restrict Lifesaving Care for Transgender Youth

Florida Boards of Medicine and Osteopathy Finalize Rules to Restrict Lifesaving Care for Transgender Youth

Advocates To Request Additional Hearing & Workshop

ORLANDO, FL -- Today, the Boards of Medicine and Osteopathy finalized their proposed rules to restrict gender affirming care for transgender youth in Florida which, when in effect, will be the only ban on gender-affirming in effect in America. Similar measures in Alabama and Arkansas are currently blocked in court.

“With young lives on the line, another state agency has placed the political ambitions of Ron DeSantis over its duty to protect Floridians,” said Nikole Parker, Equality Florida Director of Transgender Equality. “These rules, as written, put transgender youth at higher risk of depression, anxiety, and suicidality. Those are the facts purposely ignored by a Board of Medicine stacked with DeSantis political appointees who have put their toxic politics over people’s health and wellbeing. Transgender Floridians exist. We are part of this community. Gender-affirming care is lifesaving care -- and it is care that is supported by every major medical organization, an overwhelming majority of medical providers, and should be left to young people, their families, and their doctors. Not politicians. Shame on the Florida Boards of Medicine and Osteopathy for trading the suffering of transgender youth and their parents for cheap political points.”

The Boards landed on similar language that would bar future puberty blockers, hormone replacement therapy and extremely rare surgical interventions as treatments for gender dysphoria in youth. That language included an exception for young people already receiving these treatments for gender dysphoria prior to the effective date of the rules. However, they disagreed on allowing future (for those not already receiving them) nonsurgical treatments for gender dysphoria via Institutional Review Board-approved clinical trials. The Board of Osteopathy approved language allowing transgender youth to access gender-affirming care via those studies while the Board of Medicine rejected that proposal, paving the way for different rules governing MDs and DOs (Doctors of Osteopathy). No such IRB-approved studies are currently being conducted in Florida. Once the rules are posted, advocates have the opportunity to request an additional hearing and workshop from the Boards, a move that groups have indicated they will take. If denied, the rules move to a 21-day period in which the public can submit written comments before a final, procedural vote by the Boards.

Dozens of advocates for transgender youth packed the meeting room today and thousands of people have sent messages to board members, since the start of this process, expressing their support for these young people, a demonstration of the unpopularity of continued attacks on the rights of youth and their families to access the health care they need by DeSantis and his allies. Public testimony included the powerful personal stories of transgender Floridians, families, allies and health care professionals all pointing to increased risks of depression, anxiety, and suicidality in transgender youth whose identities are not affirmed. Commenters also pointed to the over $80,000 in donations from members of the Boards of Medicine and Osteopathy to DeSantis’ campaigns and political committee.

The rulemaking process was initiated after Surgeon General Joseph Ladapo sent a thoroughly-debunked letter in April that officially positioned the Department of Health against lifesaving health care for Florida’s transgender youth. In the letter and subsequent appearances, the DeSantis Administration has pushed dangerous misinformation about what gender-affirming care entails, its health benefits, and the process by which families work with medical professionals to access that care. The administration even went so far as to assert that the government, not parents, knows best what clothing children should wear and which haircuts they should receive.

Similar policies targeting health care for transgender young people have faced legal challenges in other states, including an Arkansas ban that has been placed under preliminary injunction by a federal judge as the legal process moves forward. In that case, the court ruled that a ban on gender-affirming care would cause “irreparable harm” to trans young people and their loved ones and would prohibit “medical treatment that conforms with the recognized standard of care.” In Texas, enforcement of a rule against several families that allowed for child abuse investigations into parents who access gender-affirming care for their transgender children was also blocked, with the judge writing that “there is a substantial likelihood that Plaintiffs will prevail after a trial on the merits”.

This is the first time a state medical board has been weaponized in this way to ban medical treatments for transgender children. However, the Boards of Medicine and Osteopathy are just two among the many state agencies stacked by Governor DeSantis with right-wing extremists and subverted into weapons against LGBTQ Floridians. The Florida Agency for Health Care Administration’s rule ending Medicaid coverage for gender-affirming care in the state went into effect this summer. Last week, the State Board of Education adopted a new series of rules dramatically expanding enforcement of the Don’t Say LGBTQ Law, putting teachers’ licenses at risk and targeting school districts with LGBTQ-inclusive policies regarding bathrooms and locker rooms. In July, the governor weaponized the Department of Business and Professional Regulation against an LGBTQ-owned small business in Miami, threatening to strip the restaurant of its liquor license after they hosted a drag performance at their weekly Sunday Brunch.

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Equality Florida is the largest civil rights organization dedicated to securing full equality for Florida’s lesbian, gay, bisexual, transgender and queer (LGBTQ) community. Through education, grassroots organizing, coalition building, and lobbying, we are changing Florida so that no one suffers harassment or discrimination on the basis of their sexual orientation or gender identity.

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