Bill Approved to Limit Treatment for Transgender Youth
A bill sent to the Senate in South Dakota would penalize physicians who provide treatments for transgender youth. Lawmakers from other states are considering similar bills as advocacy groups stand in opposition. Read on to learn about the debate around House Bill 1057.
South Dakota’s House of Representatives approved a bill, on February 29th, that would criminalize physicians who treat transgender children with hormones and sex reassignment surgeries. The Vulnerable Child Protection Act will now be sent to the state’s Senate for a committee hearing. Rep. Fred Deutsch, the bill’s primary sponsor, explains the legislation will protect vulnerable children who “are being chemically castrated, sterilized and surgical mutilated.
South Dakota’s House of Representatives is the first state to pass a bill to restrict medical treatment for trangender teens. However, more than half a dozen state houses are considering similar bills.
House Bill 1057
Under the bill, it would be a Class 1 misdemeanor for a physician to prescribe hormone replacement therapy or perform sex reassignment surgery to youth under the age of 16. This includes:
Performing a mastectomy
Gender affirming surgery (vasectomy, penectomy, vaginoplasty and others)
Prescribing, dispensing or administering puberty blocking medication, supraphysiologic doses of testosterone to females and supraphysiologic doses of estrogen to males
Removing any healthy or non-diseased body part or tissue.
The penalty would be a maximum of 1 year in jail and a fine of $2,000. Nurses would be exempt from prosecution.
The Debate
Republicans and Democrats debate represent a larger culture war with conflicting values, beliefs and practices. The debate is bigger than just the medical issues and extends into parenting and the role of physicians.
Opposition to the Bill
Parents, many members of the medical community and advocates of transgender youths make the following arguments (although there are many more) in opposition to House Bill 1057:
The bill is a form of discrimination that would withhold life saving treatment
The bill is unconstitutional and the decision about gender expression should be between the youth, parent and doctor.
Sex assignment surgeries and are rarely performed on youth
Puberty blockers, requiring parental consent and extensive counseling, are reversible
Libby Skarin, policy director for the American Civil Liberties Union of South Dakota, issued a statement after the vote, stating “By blocking medical care supported by every major medical association, the legislature is compromising the health of trans youth in dangerous and potentially life-threatening ways.”
A conservative Christian organization, Liberty Counsel, has offered legal counsel to defend bill, at no cost to state taxpayers.
Proponents of the Bill
Lawmakers supporting the bill make debate these points (among others):
Need to protect youth from making life altering changes until they are old enough to consider all available options
Too young to understand the potential consequences
Sex-reassigment surgery and administration in youth are harmful, abusive and criminal acts
The website https://hb1057.com/, promotes Deutsch’s bill and features resources and videos from the Heritage Foundation, the Minnesota Family Council, a Christian organization.
For Thought
In 2018, the American Nurses Association released a position statement, Nursing Advocacy for LGBTQ+ Populations and applied the nursing code of ethics to this population.
Quote
“..nurses must advocate for patient centered treatment, equal access, equal services, and equal resources for all populations that may be adversely affected by bias or prejudice. Nurses have an ethical duty to honor and respect the identities, beliefs, values, and decisions of all patients.”
Being a child/teenager is all about finding who you are. Sometimes, once you grow up, you aren't who you thought you were becoming. If they really want to transition, they can make the choice once they're an adult. I think prescribing drugs to inhibit puberty or performing plastic surgery on a child is nothing short of child abuse. I realize that others on the other side of the debate feel just as strongly because of the high risk of suicide of transgender children. The risk is high whether you allow them to transition or you don't. I've read articles of transgenders who were appalled that they went through with the modifications and wanted to take it back. Let them grow up, give them time to think about it, and when they're grown, they can make a decision.
What no one has brought up here is that a delay in blocking puberty actually can be harmful, especially for transgender girls/women. Male facial features thicken and coorificen and males grow beards if puberty is allowed to take place. Some transgender women then end up having "facial feminization surgery" and many undergo expensive and painful treatments to remove facial hair.
We accept female atheletes (think gymnasts) delaying puberty, but not transgender girls?
South Dakota’s House of Representatives approved a bill, on February 29th, that would criminalize physicians who treat transgender children with hormones and sex reassignment surgeries. The Vulnerable Child Protection Act will now be sent to the state’s Senate for a committee hearing. Rep. Fred Deutsch, the bill’s primary sponsor, explains the legislation will protect vulnerable children who “are being chemically castrated, sterilized and surgical mutilated.
South Dakota’s House of Representatives is the first state to pass a bill to restrict medical treatment for trangender teens. However, more than half a dozen state houses are considering similar bills.
House Bill 1057
Under the bill, it would be a Class 1 misdemeanor for a physician to prescribe hormone replacement therapy or perform sex reassignment surgery to youth under the age of 16. This includes:
Performing a mastectomy
Gender affirming surgery (vasectomy, penectomy, vaginoplasty and others)
Prescribing, dispensing or administering puberty blocking medication, supraphysiologic doses of testosterone to females and supraphysiologic doses of estrogen to males
Removing any healthy or non-diseased body part or tissue.
The penalty would be a maximum of 1 year in jail and a fine of $2,000. Nurses would be exempt from prosecution.
The Debate
Republicans and Democrats debate represent a larger culture war with conflicting values, beliefs and practices. The debate is bigger than just the medical issues and extends into parenting and the role of physicians.
Opposition to the Bill
Parents, many members of the medical community and advocates of transgender youths make the following arguments (although there are many more) in opposition to House Bill 1057:
The bill is a form of discrimination that would withhold life saving treatment
The bill is unconstitutional and the decision about gender expression should be between the youth, parent and doctor.
Sex assignment surgeries and are rarely performed on youth
Puberty blockers, requiring parental consent and extensive counseling, are reversible
Libby Skarin, policy director for the American Civil Liberties Union of South Dakota, issued a statement after the vote, stating “By blocking medical care supported by every major medical association, the legislature is compromising the health of trans youth in dangerous and potentially life-threatening ways.”
A conservative Christian organization, Liberty Counsel, has offered legal counsel to defend bill, at no cost to state taxpayers.
Proponents of the Bill
Lawmakers supporting the bill make debate these points (among others):
Need to protect youth from making life altering changes until they are old enough to consider all available options
Too young to understand the potential consequences
Sex-reassigment surgery and administration in youth are harmful, abusive and criminal acts
The website https://hb1057.com/, promotes Deutsch’s bill and features resources and videos from the Heritage Foundation, the Minnesota Family Council, a Christian organization.
For Thought
In 2018, the American Nurses Association released a position statement, Nursing Advocacy for LGBTQ+ Populations and applied the nursing code of ethics to this population.
How do you think this ethical duty of nursing fits into the debate around limiting transgender healthcare for youth?
Let us hear from you!
The challenge and tragedy with this is it's not possible to live in the skin of a minor seeking this type of treatment and understand what they're going through.
I can appreciate the fear of facilitating permanent change for someone still young, naive, and developing.
I'm sympathetic to the minor who will ultimately still make the change once they become a legal adult but had to suffer for years waiting for their 18th birthday.
Parental influence is a concern and must be considered.
Specializes in Surgical Specialty Clinic - Ambulatory Care.
On 9/28/2021 at 3:43 PM, jive turkey said:
The challenge and tragedy with this is it's not possible to live in the skin of a minor seeking this type of treatment and understand what they're going through.
I can appreciate the fear of facilitating permanent change for someone still young, naive, and developing.
I'm sympathetic to the minor who will ultimately still make the change once they become a legal adult but had to suffer for years waiting for their 18th birthday.
Parental influence is a concern and must be considered.
The idea that a transgender teen “had to suffer” through to their 18th birthday to make the change, to me, just seems laughable. Not because they aren’t truly suffering, but because the homosexual and transgendered seem to feel they have a monopoly on being abused by teenaged peers. As an obese red-head who was very, very scarred by bullying and non-acceptance in middle and high-school I am very annoyed by this thought process. Hormonal teens are, in general, ***. The hope that conformity (by having a sex change) will relieve that abuse is the very reason I disagree with allowing teens to decide to have a sex change.
Abuse is going to happen from all other sorts of people. I had an OB instructor tell me and my class how she dreaded the thought that one of her children might be born with red hair. I also had an instructor tell a deaf peer “that some handicaps should just automatically disqualify some people from some goals”.
My deaf class mate is a great nurse and I now have a beautiful red-headed daughter. You have to be at peace with who you are before you can change how the world sees you. Teens all to often feel that one thing would just make everything right: if I were thinner, if I had bigger boobs, if I were taller, if I looked how I want other people to perceive me, then everything would be great. That is not true. So I support diversity training for teachers and students. I support people being called their gender of preference and being able to wear the clothes that make them feel good, but body manipulation should have to wait until you can make permanent decisions.
Specializes in NICU, PICU, Transport, L&D, Hospice.
On 10/8/2021 at 1:23 PM, KalipsoRed21 said:
Not because they aren’t truly suffering, but because the homosexual and transgendered seem to feel they have a monopoly on being abused by teenaged peers
No one suggested a monopoly and suggesting that they "feel" that they do is derogatory. Why would you do that?
Specializes in ER/School/Rural Nursing/Health Department.
Medscape recently had an article regarding transgender teens and young people and guidelines for surgical procedures. An interesting research study is in the article...
The most recent published data seen by Medscape Medical News relates to a study from March 2021 that showed nearly 88% of boys who struggled with gender identity in childhood (approximate mean age 8 years and follow-up at approximate mean age 20 years) desisted. It reads: "Of the 139 participants, 17 (12.2%) were classified as 'persisters' and the remaining 122 (87.8%) were classified as desisters."
"Most children with gender dysphoria will desist and lose their concept of themselves as being the opposite gender," Mason explains.
Specializes in Oncology, ID, Hepatology, Occy Health.
On 10/8/2021 at 11:23 PM, KalipsoRed21 said:
, but because the homosexual and transgendered seem to feel they have a monopoly on being abused by teenaged peers. As an obese red-head who was very, very scarred by bullying and non-acceptance in middle and high-school I am very annoyed by this thought process.
What a strange and wholly inaccurate statement. Are you taking out your hurt feelings on gay and trans people by any chance?
There is no hierarchy of bullying. All bullying is wrong and nobody claims to have the monopoly on it.
I won't lecture you on red-haired prejudice because I don't know what it's like to walk this earth with red hair. You're the expert; I take your word for it and I would never belittle your experiences and your hurt.
I won't lecture trans people on transphobia because I'm cisgender and I have never lived through the trans experience. I'm not the expert.
If you are not homosexual don't lecture me on homophobia, because I have lived with homophobia all my life and believe me, teenage homophobic bullying is a very serious matter. On that believe me honey, I'm the expert as a gay man.
Specializes in Oncology, ID, Hepatology, Occy Health.
7 hours ago, RuralMOSchoolRN said:
Medscape recently had an article regarding transgender teens and young people and guidelines for surgical procedures. An interesting research study is in the article...
The most recent published data seen by Medscape Medical News relates to a study from March 2021 that showed nearly 88% of boys who struggled with gender identity in childhood (approximate mean age 8 years and follow-up at approximate mean age 20 years) desisted. It reads: "Of the 139 participants, 17 (12.2%) were classified as 'persisters' and the remaining 122 (87.8%) were classified as desisters."
"Most children with gender dysphoria will desist and lose their concept of themselves as being the opposite gender," Mason explains.
hppygr8ful, ASN, RN, EMT-I
4 Articles; 5,212 Posts
Parents actually have very few rights in the US