The Senate passed two bills dealing with transgender issues during Thursday’s floor session.
Senate Bill 299 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.
Also on Thursday, the body passed Senate Bill 154, which aims to restrict instruction related to sexual orientation and gender identity in public schools.
The bill prohibits public school employees from knowingly providing false or misleading information to parents and/or guardians regarding a student’s gender identity or intention to transition. The legislation mandates that school employees report student requests for accommodations when affirming a gender identity different from their biological sex to school administrators, who must then inform the student’s parents.
The bill establishes an administrative process for addressing violations, including a complaint procedure, school investigation, and potential sanctions against educators. These sanctions include a written warning for the first offense, a 30-day suspension without pay for the second offense, and a recommendation for termination for the third offense.
Under the legislation, aggrieved party can file a complaint with the school, and if unsatisfied, appeal to the board of education, and subsequently file a lawsuit in civil court to seek damages.
Supporters of the bill have argued that children exploring their gender identity may be struggling with their mental health and that parents should be aware of these issues.
Opponents of the legislation fear it could harm vulnerable students who may not feel safe disclosing their gender identity to their parents.
The bills now head to the House of Delegates for consideration.
The Senate is adjourned until tomorrow, March 7, at 10 a.m.
Afternoon Meetings:
Judiciary at 3 p.m. in 208W
Finance at 3 p.m. in 451M
Morning Meetings for March 7:
Military at 9 a.m. in 208W
