Current Version
| Region | West Virginia |
| Issue | Gender-affirming care |
| Status | Legal, but restricted for minors |
| Start Date | (unknown) |
| End Date | (none) |
| Description | Adults can access gender-affirming care (GAC) freely in West Virginia, minors are largely unable to get GAC under HB2007. Despite largely being advertised as a full ban there is an exception: for a child to access gender-affirming care, all of the following conditions must apply: 1. The child was diagnosed with "severe gender dysphoria by no fewer than two medical or mental health providers" (at least one must specialise in adolescent medicine and both must be trained in gender dysphoria). 2. Both professionals must agree in writing that GAC is medically necessary to treat "psychiatric symptoms and limit self-harm, or the possibility of self-harm". 3. The child's parents, legal guardians and the minor’s primary physician agree in writing to the child receiving gender-affirming care. 4. Any use of GAC is for "purposes of pubertal modulating and hormonal therapy limited to the lowest titratable dosage necessary to treat the psychiatric condition and not for purposes of gender transition". 5. The child is prepubescent. Doctors and parents of the child may be prosecuted under HB2007. |
| Sources | https://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=hb2007%20sub%20enr.htm&yr=2023&sesstype=RS&billtype=B&houseorig=H&i=2007 - exceptions available at the end of article 3. https://fairnesswv.org/transhealthguide/ https://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=hb2972%20intr.htm&yr=2023&sesstype=RS&i=2972#:~:text=Any%20minor%20seeking%20gender%20affirming,%2C%20Marshall%20Health%2C%20or%20otherwise. https://www.pbs.org/newshour/politics/west-virginia-governor-signs-ban-on-gender-affirming-care-for-transgender-youth https://www.usnews.com/news/best-states/articles/2023-03-30/what-is-gender-affirming-care-and-which-states-have-restricted-it-in-2023?#wv |
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Revision History (2)
edited by jadeywadey. added surprising exceptions to existing laws and adding to sources
Helpful?
0 | Old Value (Original) | New Value (Current) | |
|---|---|---|
| Value | Legal, but banned for minors | Legal, but restricted for minors |
| Description | Adults are able to get gender affirming care freely in West Virginia, Minors are unable to get gender affirming care under HB2007. Doctors and parents of the child may be prosecuted under HB2007. | Adults can access gender-affirming care (GAC) freely in West Virginia, minors are largely unable to get GAC under HB2007. Despite largely being advertised as a full ban there is an exception: for a child to access gender-affirming care, all of the following conditions must apply: 1. The child was diagnosed with "severe gender dysphoria by no fewer than two medical or mental health providers" (at least one must specialise in adolescent medicine and both must be trained in gender dysphoria). 2. Both professionals must agree in writing that GAC is medically necessary to treat "psychiatric symptoms and limit self-harm, or the possibility of self-harm". 3. The child's parents, legal guardians and the minor’s primary physician agree in writing to the child receiving gender-affirming care. 4. Any use of GAC is for "purposes of pubertal modulating and hormonal therapy limited to the lowest titratable dosage necessary to treat the psychiatric condition and not for purposes of gender transition". 5. The child is prepubescent. Doctors and parents of the child may be prosecuted under HB2007. |
Show Difference | ||
| Sources | https://www.wvlegislature.gov/Bill_Text_HTML/2023_SESSIONS/RS/bills/hb2007%20sub%20enr.pdf https://fairnesswv.org/transhealthguide/ https://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=hb2972%20intr.htm&yr=2023&sesstype=RS&i=2972#:~:text=Any%20minor%20seeking%20gender%20affirming,%2C%20Marshall%20Health%2C%20or%20otherwise. https://www.pbs.org/newshour/politics/west-virginia-governor-signs-ban-on-gender-affirming-care-for-transgender-youth | https://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=hb2007%20sub%20enr.htm&yr=2023&sesstype=RS&billtype=B&houseorig=H&i=2007 - exceptions available at the end of article 3. https://fairnesswv.org/transhealthguide/ https://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=hb2972%20intr.htm&yr=2023&sesstype=RS&i=2972#:~:text=Any%20minor%20seeking%20gender%20affirming,%2C%20Marshall%20Health%2C%20or%20otherwise. https://www.pbs.org/newshour/politics/west-virginia-governor-signs-ban-on-gender-affirming-care-for-transgender-youth https://www.usnews.com/news/best-states/articles/2023-03-30/what-is-gender-affirming-care-and-which-states-have-restricted-it-in-2023?#wv |
Show Difference | ||
| Original entry | |
|---|---|
| Status | Legal, but banned for minors |
| Start Date | (unknown) |
| End Date | (none) |
| Description | Adults are able to get gender affirming care freely in West Virginia, Minors are unable to get gender affirming care under HB2007. Doctors and parents of the child may be prosecuted under HB2007. |
| Sources | https://www.wvlegislature.gov/Bill_Text_HTML/2023_SESSIONS/RS/bills/hb2007%20sub%20enr.pdf https://fairnesswv.org/transhealthguide/ https://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=hb2972%20intr.htm&yr=2023&sesstype=RS&i=2972#:~:text=Any%20minor%20seeking%20gender%20affirming,%2C%20Marshall%20Health%2C%20or%20otherwise. https://www.pbs.org/newshour/politics/west-virginia-governor-signs-ban-on-gender-affirming-care-for-transgender-youth |
Reports (1)
- Status is not correct "I don’t have sources but this is coming from me, a 16yo MTF in Wheeling, WV. I’m actively receiving estrogen and spironolactone through a clinic made specifically for LGBTQIA+ people. I’ve been getting gender affirming care since July 2022. If you need any proof please email me at [email protected] Xx https://www.link.com/"