Bill Prohibiting Healthcare Providers From Asking Minors Gender Ideology Questions Passes Tennessee House Subcommittee

Image Credit: TN General Assembly

The Tennessee Conservative [By Olivia Lupia] –

A bill requiring parents to be physically present and give explicit consent to healthcare providers before asking minors any questions about gender ideology passed the House Health Subcommittee on Wednesday, Feb. 11.

HB1665 by Rep. Aron Maberry states that healthcare providers would be prohibited from asking, both verbally or in written form, any questions about gender identity, gender confusion, or gender dysphoria, including whether the minor feels “normal” in their body or believes they are the correct gender, unless a child’s parent is physically present, fully informed, and gives written consent to the questions.

Exceptions would only be allowed if a gender identity question is asked by a provider “directly related to the diagnoses or treatment of a specific medical or psychological condition currently being evaluated” or the provider reasonably believes the minor is a victim of trafficking, brutality, abuse, or neglect to determine whether the provider must make a report per state law.

Additionally, the bill says a health issuance providers cannot require a healthcare provider or facility to ask any questions about gender identity topics as a condition of payment, credentialing, quality scoring, compliance, or participation.

Committee members raised questions and concerns about specific language or interpretations, and a representative of the Tennessee Association of Marriage and Family Therapists objected to the bill, stating her belief that not being able to ask gender ideology-related questions would hinder the ability of mental health professionals who don’t embrace gender ideology to refer families seeking gender-affirming care to a different provider who supports their beliefs.

She also stated that this bill would constrain her ability to help Christian teens who struggle with “gender expression” navigate their difficulties and stop mental health professionals from “normalizing that questions about gender identity are a normal part of healthy development in adolescents.”

Rep. Maberry clarified several times that his intent with the bill would still allow a child to prompt a discussion or initiate questions to a provider about gender ideology or issues, but that the providers could not be the instigators without a parent’s presence and consent.

Some committee members also expressed discontent with the bill’s proposed enforcement mechanisms, particularly the one for healthcare providers who violate the provisions which would constitute “unprofessional conduct” and subject them to discipline from a licensing board. Others proposed that restricting what questions providers could ask could be seen as a violation of First Amendment speech rights and lead to legal challenges to the bill.

Rep. Maberry indicated he is open to tweaking the bill, offering to postpone a hearing before the full House Health Committee next week so committee members could meet with him to ask further questions or suggest amendments before the next committee presentation.

“But I’m going to be very strong on the fact that my intention is to make sure that we are not prompting the questions,” Maberry reiterated.“But if a patient is asking the questions, that’s a different story.”

The vote was 7-0 in favor of passage, with Democrat Sam McKenzie marking himself “Present Not Voting”.

HB1665 will now proceed to the House Health Committee while its Senate companion, SB1664, still awaits a date before the Senate Commerce and Labor Committee.

About the Author: Olivia Lupia is a political refugee from Colorado who now calls Tennessee home. A proud follower of Christ, she views all political happenings through a Biblical lens and aims to utilize her knowledge and experience to educate and equip others. Olivia is an outspoken conservative who has run for local office, managed campaigns, and been highly involved with state & local GOPs, state legislatures, and other grassroots organizations and movements. Olivia can be reached at olivia@tennesseeconservativenews.com.