Republicans want to jail pharmacists as two new bills targeting gender-affirming care advance

Two bills in Florida advanced out of committee last week that would give the state attorney general more power to investigate and press felony charges against health care professionals who provide gender-affirming care in the state, including against therapists who discuss gender issues with minor patients and pharmacists who fill prescriptions that may be used as gender-affirming care.
Last week, the Criminal Justice Subcommittee passed H.B. 743 in a 12-5 vote, Florida Politics reports. The bill would allow state Attorney General James Uthmeier to sue health care practitioners for up to $100,000 per violation for providing gender-affirming care to minors. Mainstream medical organizations support gender-affirming care for trans kids because it has been shown to be life-saving and safe.
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S.B. 1010 would make it a felony for doctors, school counselors, or psychologists to advise minors on gender-affirming care or “aid or abet” another health care professional in helping minors get gender-affirming care. The bill gained near-unanimous support from the state senate’s Committee on Children, Families, and Elder Affairs, according to the Florida Phoenix.
If that version of the bill passes, medical professionals could get a $100,000 fine per violation and up to five years in prison.
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Florida banned gender-affirming care for trans youth in 2023. Supporters of the new bills say that they are necessary to further crack down on gender-affirming care in the state for “biblical” reasons.
“We have to uphold the principles and standards that made this country great, biblical, constitutional law, and order at all costs. And sometimes that stings,” state Rep. Taylor Yarkowsky said at last week’s hearing.
The bill’s sponsor, state Rep. Lauren Melo (R), stressed that pharmacists would be punished under her bill, something she says is necessary because, she claimed, health care professionals are “committing fraud” by prescribing gender-affirming care medications but recording the purpose of the medications as something other than gender-affirming care.
“What we’re seeing is there’s coding that’s actually being used that is becoming the problem, and hundreds of thousands of dollars is spent per child for them to transition and codes are being misrepresented where they are saying that it’s an indoctrination disorder instead of saying it’s a gender identity disorder,” she said.
Democrats stressed that the bill could have unintentional side effects. State Rep. Kelly Skidmore (D) said that the bill is not about gender-affirming care but is being pushed by state Attorney General Uthmeier to expand his power.
“It is about giving one individual and maybe his successors authority that they don’t deserve and they cannot manage,” she said, referring to Uthmeier’s involvement in the Hope Florida scandal, where state Republicans are accused of laundering money and committing fraud. “They’ve proven that they cannot be trusted. This is a terrible bill.”
State Rep. Mike Gottlieb (D) said that doctors might be scared from prescribing hormonal medications to people with severe menstrual symptoms lest a pharmacist misinterpret the reason for the prescription.
“You’re going to see doctors not wanting to prescribe those kinds of medications because they’re now subject to a $100,000 penalty,” he said. “We’re really not considering what we’re doing and some of the collateral harms that it’s having.”
Behavioral health care professional Savannah Thompson told WUSF that the bill would make it more difficult for doctors to even talk to trans patients.
“This could increase the feelings of fear from my clients who are under 18, but it also can increase the likelihood that these professionals won’t be able to talk with their clients, honestly and openly, to give them the care and the support that they deserve and need,” she said.
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