The AMHP Brief Regarding BHECs Request for Opinion About SB14
SB14 from the 88th TX Legislative session outlawed transgender medical procedures for children in the State of Texas. (SB12 from the 89th session dealt with social transitioning, relating to parental rights in public education-the part that happens before we get to the surgery stage). Unfortunately SB14 did not make it clear whether or not the licensed mental health professionals of BHEC are included in the definition of "health care providers".
So What's the Problem?
Several potential downstream issues but the most urgent of them is that if we're not included in the definition then BHEC licensees are still free to write the "assessment letters" or "affirming letters" that greenlight the medical/surgical stage of the GAC (Gender Affirming Care) process. They can continue to participate in the GAC transitioning process even if the puberty blockers, hormones, and surgery take place in another state.
How Is This Being Dealt With?
BHEC has filed a "Request for Opinion" on this issue with the AG Ken Paxton's office. You can download and read that right here:
What's the Process Look Like?
The AG's office then allows interested parties to submit their opinions for consideration in the form of a Brief, for consideration by the AG's office when coming to their decision. Working with attorneys who specialize in this sort of thing at AFPI, the America First Policy Institute we worked together to craft our official Brief which we have submitted to the AG's office. You may download and read our Brief here:
AMHP-Brief-in-Response-to-RQ0605KP.pdf (24 downloads )
Now What?
Paxton's office has 180 days from the time they acknowledged BHEC's Request for Opinion until they have to render a decision. That 180 days ends on Dec 29th of this year, 2025, so we'll know on or before the end of the year how they rule.
What Are the Possible Outcomes?
The Attorney General’s Office has two possible paths forward
- They determine that mental health care professionals are included in the definition of
“health care providers.” - They determine that mental health care professionals are not included in the definition of
“health care providers.”
Either way, the decision will carry significant implications for licensed mental health
professionals in Texas. Stay tuned —once the AG issues its ruling, we’ll post a follow-up explaining exactly what will
need to happen next in light of the decision, and how it will affect our profession moving forward.
Love to hear your thoughts on this.
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