HB 346 — AN ACT TO AMEND TITLES 10 AND 24 OF THE DELAWARE CODE RELATING TO GENDER-AFFIRMING HEALTH CARE.

Summary

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 in any civil action or proceeding, 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.

Bill Text

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This bill amends Delaware law to protect providers of gender-affirming health care by extending legal protections similar to those for reproductive health services.

• § 1702, Title 24

  “Gender-affirming health care” means medically necessary health care or mental health care that respects the gender identity of the patient, as experienced and defined by the patient, and that may include any of the following: a. Interventions to suppress the development of endogenous secondary sex characteristics. b. Interventions to align the patient’s appearance or physical body with the patient’s gender identity. c. Interventions to alleviate the patient’s symptoms of clinically significant distress resulting from gender incongruence as defined by the International Classification of Diseases maintained by the World Health Organization. d. Developmentally appropriate services, as decided in collaboration between the patient, their clinical team, and current best practices recommended by the World Professional Association for Transgender Health, including: 1. Treatment that provides exploration and integration of the patient’s gender identity. 2. Treatment to reduce the patient’s distress and develop adaptive coping skills. 3. Services or treatment to increase family acceptance of the patient’s gender identity.

  This addition defines gender-affirming health care and outlines its components.

• § 3928, Title 10

  pregnancy. → pregnancy and gender-affirming health care.

  This change expands the title of the section to include gender-affirming health care.

• § 3928, Title 10

  Provides medical, surgical, counseling, or referral services relating to gender-affirming health care as defined by § 1702 of Title 24.

  This addition makes it clear that out-of-state actions against providers of gender-affirming health care are contrary to Delaware's public policy.

• § 3928, Title 10

  Attempts or intends to engage in the conduct described in paragraph (a)(5) of this section.

  This addition extends the protections to attempts or intentions to provide gender-affirming health care.

• Prohibits health care providers from disclosing communications and records concerning gender-affirming health care without the patient’s authorization in any civil action or proceeding, with some exceptions.

  This provision protects patient privacy regarding gender-affirming health care.

• 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.

  This provision safeguards Delaware providers from out-of-state legal repercussions.

• Creates a cause of action for recouperation of out-of-state judgments relating to gender-affirming services that are lawful in Delaware.

  This provision allows providers to recover costs from out-of-state judgments that conflict with Delaware's laws.

• Prohibits insurance companies from taking any adverse action against health care professionals who provide gender-affirming health care services.

  This provision protects providers from discrimination by insurance companies.

Action History

1. March 27, 2024

   Reported Out of Committee (Health & Human Development) in House with 7 Favorable, 2 On Its Merits

2. March 13, 2024

   Introduced and Assigned to Health & Human Development Committee in House

Sponsors

• Trey Paradee · Primary
• Russell Huxtable · Primary
• Cyndie Romer · Primary
• Kendra Johnson · Primary
• Eric Morrison · Primary
• DeShanna U Neal · Primary
• Paul S. Baumbach · Primary

Subjects