Florida passed some of the strictest anti-transgender laws in May 2024, most notably SB 254. This policy created new barriers for adults to receive gender affirming care. These barriers include changes in the types of clinicians who can prescribe gender affirming hormone therapy (GAHT) and in-person consent requirements to begin or continue care after January 4, 2024. Starting January 5, 2024, anybody beginning or continuing GAHT in Florida must have an in-person consent with board-approved form to receive a prescription. However, a federal trial in Doe v. Ladapo, led by Simone Chriss, occurred in December 2023, challenging SB 254.
Table of Contents
What does SB254 do?
- In-person consent required
- Adults starting or continuing GAHT must sign their informed consent form in person with the clinician prescribing your medication.
- Clinician must be an MD/DO
- The clinician providing your gender affirming care must be licensed in Florida AND be a medical doctor (MD) or doctor of osteopathic medicine (DO). Nurse practitioners (NP) or Physician Assistants (PA) do not fulfill the requirements under Florida Bill SB254.
- SB254 bans all APRNs, NPs, and PAs from providing gender-affirming care.
- This ban applies to both youth and adults. Healthcare professionals who violate this can be threatened with criminal and civil liability. According to Spektrum Health, approximately 80% of trans folks in Florida were receiving care from APRNs, NPs, and PAs.
What does SB254 NOT do?
- It does NOT allow the state to take children away from affirming parents or to investigate affirming parents.
- It does NOT kick transgender adolescents off of their treatment if they are currently on blockers or hormones.
- It does NOT ban telehealth
- The law requires that the first time a new medication is prescribed, it must be in person and include “informed consent”. After initial in-person consultation and consent signing, care can be provided via telehealth.
- It does NOT ban private health insurance from covering treatment for gender dysphoria
What is being done about trans care in Florida?
Simone Chriss esq. (she/her), Director of the Transgender Rights Initiative, is currently leading four federal lawsuits against the state of Florida, including:
- Jane Doe v. Surgeon General Ladapo, Case No. 4:23-cv-00114 (N.D. Fla. 2023), challenging SB 254 and the Florida Boards of Medicine rules banning doctors from prescribing medically necessary gender-affirming care to minors and imposing restrictions on transgender adults
- Dekker v. Weida, Case No. 4:22-cv-00325 (N.D. Fla. 2022), challenging the Florida Agency for Healthcare Administration’s (AHCA) discriminatory ban prohibiting Florida’s Medicaid program from covering treatments for gender dysphoria
- Wood v. Fla. Department of Education, Case No. 4:23-cv-00526 (N.D. Fla. 2023), challenging the Florida law known as “Don’t Say Gay” that prohibits transgender teachers from using their affirmed pronouns
- Claire v. Florida Department of Management Services, 4:20-cv-00020 (N.D. Fla. 2020), challenging the state of Florida’s blanket exclusion of gender-affirming care in all health insurance plans offered to state employees.
We currently have new informed-consent pop-ups available now-June, and are continuing to launch new informed consent pop-ups throughout 2024. If you are interested in starting GAHT in Florida, please reach out to us at members@getplume.co.
