Image Credit: Canva
The Tennessee Conservative [By Olivia Lupia] –
A bill which would require parents to be physically present and give explicit consent to healthcare providers before asking minors any questions about gender ideology has been introduced by a Republican lawmaker whose own underage daughter was inappropriately questioned and is now taking steps to protect her and other Tennessee children.
Representative Aron Maberry (R-Clarksville-District 68) filed HB1665 after his teenage daughter went to the doctor for an routine checkup and was asked several questions about being “comfortable” in her own body and gender while neither parent was present.
When his daughter recounted the uncomfortable experience, Maberry confronted the practice which informed him that they were not responsible for the questions but were mandated by insurance companies to solicit the information and that many of the practitioners did not agree with the requirement.
“I said, ‘Ok, well I can fix that’,” Maberry told The Tennessee Conservative. “So that’s where this came from.”
HB1665 states that a health insurance issuer, managed care organization, or any entity providing reimbursement for healthcare services cannot require a healthcare provider or facility to ask any questions intended to elicit statements about gender identity, gender confusion, or gender dysphoria as a condition of payment, credentialing, quality scoring, compliance, or participation.
Additionally, insurers could not reduce payments, impose penalties, or otherwise disadvantage a provider who does not ask such questions. Should an insurer violate the provisions, it would be considered “an unfair or deceptive act or practice affecting trade and commerce” and would be subject to the penalties and remedies under the Tennessee Consumer Protection Act of 1977 along with any other consequences.
Healthcare providers themselves would also be prohibited from asking, both verbally or in written form, those same questions about gender identity, including whether the minor feels “normal” in their body or believes they are the correct gender, unless a child’s parent is physically present, fully informed, and gives written consent to the questions.
The only other exceptions allowing a healthcare provider to ask the gender identity questions would be if such a question is “directly related to the diagnoses or treatment of a specific medical or psychological condition currently being evaluated” or the provider reasonably believes the minor is a victim of trafficking, brutality, abuse, or neglect to determine whether the provider must make a report per state law.
Under the bill, a violation by a healthcare provider would constitute “unprofessional conduct subject to discipline by the relevant licensing board.” Rep. Maberry stated he started with the licensing boards as a “jumping off point” but is open to amendments to strengthen this consequence or find an alternative enforcement mechanism.
“Healthcare providers should never be forced to ask questions that violate their professional judgement or personal values, and parents should never be sidelined when it comes to their children’s care. This bill puts families back where they belong- fully informed, fully involved, and fully in charge of decisions for their kids,” Maberry said.
The bill has been assigned to the House Health Subcommittee and the Senate companion bill, SB1664, is being carried by Sen. Paul Rose (R-Lauderdale-District 32), assigned to the Senate Commerce and Labor Committee.
Both bills are awaiting a hearing date before their respective committees.
About the Author: Olivia Lupia is a political refugee from Colorado who now calls Tennessee home. A proud follower of Christ, she views all political happenings through a Biblical lens and aims to utilize her knowledge and experience to educate and equip others. Olivia is an outspoken conservative who has run for local office, managed campaigns, and been highly involved with state & local GOPs, state legislatures, and other grassroots organizations and movements. Olivia can be reached at olivia@tennesseeconservativenews.com.
