Author: The Williams Institute
Author Contact: Rachel Dowd, firstname.lastname@example.org
Published: 6th Jun 2023
Peer-Reviewed Publication: N/A
Additional References: LGBTQ+ News Publications
Summary: State laws and policies banning gender-affirming care for minors include a range of penalties for physicians that continue to provide care.
A new article from the Williams Institute at UCLA School of Law and UCLA’s David Geffen School of Medicine finds that state laws and policies banning gender-affirming care for minors include a range of penalties for physicians that continue to provide care.
The state legislation establishes four types of penalties for physicians: medical license disciplinary action; legal action against physicians, which can include extending malpractice statutes of limitations; legal action by the state; and felony criminal charges. Many of the laws also change standard practices around informed consent and define the “practice of medicine” to exclude medically necessary gender-affirming care.
“Physicians are finding themselves in legal limbo, straddling state laws that ban gender-affirming care and federal law, which prohibits discrimination in health care on the basis of gender identity,” said author Christy Mallory, Legal Director at the Williams Institute. “Even if blocked by courts, these bans may have a chilling effect on physicians and impact access to gender-affirming care in many states across the U.S.”
“These laws targeting providers of gender-affirming care will affect the broader medical community,” said study author Madeline G. Chin, Research Fellow at the UCLA David Geffen School of Medicine. “The targeting of physicians through these legal penalties impedes them from practicing evidence-based medicine and blocks patients from accessing standard of care treatments.”
You can read the full report online here: Legal Penalties for Physicians Providing Gender-Affirming Care
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• (APA): The Williams Institute. (2023, June 6). Gender-Affirming Care Bans Carry Significant Penalties for Physicians. SexualDiversity.org. Retrieved September 23, 2023 from www.sexualdiversity.org/news/1171.php
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