On the Use of Facilitation Tactics

Facilitation Tactics | Association for Mental Health Professionals

Can therapists still legally use facilitation tactics like a minor patient's preferred pronouns, cross-gender new name, promote cross-dressing and the use of chest binders now that physical transitioning of minors is illegal in TX?

Looking for Loopholes for Facilitation Tactics

I've seen that question posed in online groups by counselors looking for loopholes to continue their "affirming care" work with kids. The better question is, why would a counselor want to continue to do that?

What's the Real Motive?

If the specific usage intent, by a licensed MHC, of an array of social transitioning tactics and behaviors with a minor was to place them on a path to physical transitioning, and both the chemical and surgical procedures and the facilitation thereof have been outlawed in the state in which the counselor is licensed, what would be the implied outcome for the continued use of those same tactics and behaviors with respect to a minor client? To what end?

I can only think of three possible answers.

Make It Make Sense

1. To prep the minor for eventual illegal physical transitioning in this state.

Those chemical and surgical procedures have been outlawed in TX. The technical level of these surgeries is such that an underground delivery system for these "services" would be so costly to the provider as to be impractical. The potential liability which would most likely not be covered in this state due to their illegal status, not to mention insurance won't pay for them. There won't be a viable underground delivery system for these services, so this isn't a viable motive.

2. To prep the minor for eventual physical transitioning in another state.

That would qualify as "facilitation" which is illegal in TX. Also, it is now illegal to refer a minor client to another counselor for GAC services regardless of what state that counselor lives in, rendering this not likely as a motivating factor.

3. To prep for physical transitioning when the patient comes of age.

The chemical and surgical treatments may be legal when the patient turns 18, but the preparatory work done by the MHC prior to that 18th birthday will most certainly be viewed by courts and licensing agencies as the facilitation that it is. The facilitation is occurring now, not in the future. This is the most likely motive.

I can't think of another scenario that doesn't involve spite and simple nose-thumbing at the system, can you?

All three of the scenarios above may very well be viewed by the courts as child abuse per the TX AG Ken Paxton's Opinion.

Any Other Clinical Application?

Is there any other legitimate, science-based, peer-reviewed application for the use of new names, wrong pronouns, cross-dressing, chest binders and "tuck" shorts for boys that doesn't claim to facilitate physical transitioning chemicals and surgeries? Because I can't think of one. Then why continue to use them and risk your license?

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