The Senate Health and Human Resources Committee approved Senate Bill 299 on Tuesday, which would modify state regulations on pubertal modulation, hormonal therapy, and gender reassignment.
The legislation would restrict gender affirming care for minors. The bill amends existing codes to prohibit physicians, physician assistants, and advanced practice registered nurses from providing gender reassignment surgeries and gender-altering medications to minors, with very limited exceptions for certain medical conditions.
The Legislature passed a near-total ban on medication-based gender affirming care in West Virginia in 2023. This bill would remove a previous exception from two years ago that currently allows hormonal therapy for severe gender dysphoria under specific conditions, such as multiple mental health and medical professional opinions, along with parental consent.
The legislation stipulates that violation of the law by medical professionals would constitute unprofessional conduct, subject to disciplinary actions by licensing boards. The bill would allow individuals to pursue legal recourse for actual or threatened violations, including compensatory damages and injunctive relief. The legislation also empowers the Attorney General to enforce compliance.
Supporters of this bill argue it is a way of protecting children from potentially harmful and irreversible procedures, while opponents are concerned about the potential for increased suicide and self-harm risk among transgender youth if access to care is abolished.
If the bill completes legislative action it would take effect on Aug. 1. There is currently no grandfather provision in the legislation for individuals that are already receiving treatment when the law takes effect.
The bill now heads to the Senate Judiciary committee for further consideration.
