Delaware General Assembly

Stricken 3/12/24

The General Assembly has ended, the current status is the final status.

6/15/23

Neal

Reps. Morrison, Heffernan
Sen. Gay, S. McBride

Rep. Baumbach

AN ACT TO AMEND TITLES 10, 13, 24, AND 31 OF THE DELAWARE CODE RELATING TO GENDER-AFFIRMING HEALTH CARE.

This Act updates House Bill 455 from the 151st General Assembly by providing the same legal protections afforded providers of contraceptive and abortion services to providers of gender-affirming health care. In summary, this Act does the following: (1) Clarifies that medical professionals who provide gender-affirming health care cannot be disciplined for such services even if such services are illegal or considered to be unprofessional conduct or the unauthorized practice of medicine in another state, so long as such services are lawful in this State; (2) Prohibits health care providers from disclosing communications and records concerning gender-affirming health care without the patient’s authorization, with some exceptions; (3) Protects health care providers from out-of-state civil actions relating to gender-affirming health care treatment that is legal in Delaware, including the issuance of a summons or the enforcement of subpoenas relating to such cases; (4) Creates a cause of action for recouperation of out-of-state judgments relating to gender-affirming services that are lawful in Delaware; and (5) Prohibits insurance companies from taking any adverse action against health care professionals who provide gender-affirming health care services. This Act further gives jurisdiction to the Family Courts to determine custody disputes when a child is in the State to receive gender-affirming health care, and the provision of gender-affirming health-care is at issue in the custody dispute. It also prohibits the state from enforcing an out-of-state court order that removes a child from a parent because the parent allows the child to receive gender-affirming health care

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Takes effect upon being signed into law

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