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HB 230 – Protecting Gender Affirming Care

House Bill 230 has been introduced by Representative DeShanna Neal to protect access to gender affirming health care. Representative Neal has stated that they do not believe the bill will get a hearing in committee or a vote this year, though advocates for the bill have sent thousands of letters to legislators asking that it be prioritized before June 30. Indeed, if 491 anti-trans bills can be sped through legislatures across the country with the speed of Warp 9, then so can bills that protect the vulnerable from such hatred.

This Act updates House Bill 455 from the 151st General Assembly by providing the same legal protections afforded providers of contraceptive and abortion services to providers of gender-affirming health care. In summary, this Act does the following:

(1) Clarifies that medical professionals who provide gender-affirming health care cannot be disciplined for such services even if such services are illegal or considered to be unprofessional conduct or the unauthorized practice of medicine in another state, so long as such services are lawful in this State;

(2) Prohibits health care providers from disclosing communications and records concerning gender-affirming health care without the patient’s authorization, with some exceptions;

(3) Protects health care providers from out-of-state civil actions relating to gender-affirming health care treatment that is legal in Delaware, including the issuance of a summons or the enforcement of subpoenas relating to such cases; (4) Creates a cause of action for recouperation of out-of-state judgments relating to gender-affirming services that are lawful in Delaware; and

(5) Prohibits insurance companies from taking any adverse action against health care professionals who provide gender-affirming health care services.

This Act further gives jurisdiction to the Family Courts to determine custody disputes when a child is in the State to receive gender-affirming health care, and the provision of gender-affirming health-care is at issue in the custody dispute.

It also prohibits the state from enforcing an out-of-state court order that removes a child from a parent because the parent allows the child to receive gender-affirming health care

HOUSE BILL 230PROTECTING GENDER AFFIRMING CARECurrrent Status – House Health & Human Development 6/15/23
House SponsorsNeal, Longhurst, Morrison, Heffernan, BaumbachSenate SponsorsGay, McBride
House Yes VotesSenate Yes Votes
House No VotesSenate No Votes
House Absents or Not VotingSenate Absent or Not Voting

“I filed House Bill 230 because we are seeing other states weaponizing their laws against the transgender community, and we should be clear that we will not let those other states’ laws prevent people from seeking gender-affirming care in Delaware. I want to be clear that I filed this bill to begin the conversation and open a dialogue on the issue,” Rep. Neal said.

“Unfortunately, as we’ve seen with the reaction of some in Delaware already, more dialogue is needed. I look forward to future discussions regarding the importance of protecting the rights of those seeking gender-affirming care in Delaware.”

The reaction they are speaking about better not be from anyone in the Democratic caucus in either chamber. And for the rest in the General Assembly that might have a problem with it, screw them.

Delaware politics from a liberal, progressive and Democratic perspective. Keep Delaware Blue.

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