Republican senator proposes rewrite of anti-trans legislation, other floor amendments filed

FRANKFORT — A Republican senator proposed striking much of anti-trans House Bill 470 after Senate Republicans caucused behind closed doors for three hours Tuesday.

A floor amendment filed around 8 p.m. Tuesday narrows the prohibitions in HB 470 and would give parents more leeway than the original bill to make health care decisions for their transgender children.

Sen. Danny Carroll, R-Benton, said Tuesday morning in a committee meeting that he hated the tone of HB 470, a measure controversial even among some Republicans that proposed banning gender affirming care for minors and penalizing doctors who provide it. 

Roughly ten hours later Carroll filed a floor amendment that would replace much of the bill – 30 pages worth – and instead state: 

• No person shall provide surgical medical treatment to a child or nonsurgical medical treatment to a child with “gender dysphoria without the written, notarized consent of the child’s parent or legal guardian.” 
• Only children who have a medical diagnosis of gender dysphoria can receive nonsurgical medical treatment and it must be from a “licensed physician who is appropriately trained and experienced in providing nonsurgical medical treatments for children with gender dysphoria in collaboration with a clinical psychologist or psychiatrist.” 

“Appropriate” nonsurgical care, per the floor amendment, can include reversible puberty blockers but may not include “cross sex hormones” like testosterone and estrogen. 

Nonsurgical treatment must “meet evidence-based medical standards of care” and include mental health services that “address a person’s sex dysphoria but that do not promote gender transition.” 

Other floor amendments filed 

A second floor amendment, filed by Sen. Gex Williams, R-Verona, says that “aggrieved” parents or guardians can sue within 30 years. 

A third amendment proposes changing the title of the bill from “AN ACT relating to the protection of children” to “AN ACT relating to children and declaring an emergency.” 

And, finally, Sen. Julie Raque Adams, R-Louisville, proposed an addition that would define what a health care facility is.

Republican leaders kept the floor open which allowed the filing of three more floor amendments to HB 470 before Senate President Robert Stivers gaveled the session to an end at 9:55 p.m. Tuesday.

HB 470 zoomed out of the House on March 2, receiving a committee hearing and floor vote within hours of each other as cries of protest filled the Capitol.

The bill that emerged from the House could result in health care professionals losing their licenses, and, when applicable, public funding if they provide “gender transition services” to people under 18 years old. The bill describes such care as “unethical and unprofessional” and the providers as “unfit to perform the duties and discharge the responsibilities of his or her position or occupation.”

Voting against the measure in the House were Republican Reps. Kimberly Poore Moser, R-Taylor Mill, Kim Banta, R-Ft. Mitchell and Stephanie Dietz, R-Edgewood. The bill cleared the House in a 75-22 vote.