HB 2007: How Will it Impact Care for Trans, Non-Binary, & Gender Diverse Mountaineers

HB 2007 is a ban on gender affirming hormone therapy, surgery, and hormone blockers for patients under the age of 18. The law was passed by the West Virginia legislature and signed into law by Governor Jim Justice in 2023.

The law goes into effect on January 1, 2024.

Yes. Patients under 18 years of age seeking gender-affirming hormone therapy and/or hormone blockers will be required to have a diagnosis of "severe gender dysphoria" by two medical providers with at least one being a mental health provider. Both providers must have the training to diagnose and treat gender dysphoria and must provide written testimony that the care is necessary to prevent or limit self-harm.

There are also exceptions for children diagnosed with a disorder of sexual development with abnormal sex chromosome structure, sex steroid hormone production/action, or a physical disorder/injury/illness placing a patient in imminent danger.

The law does not define what constitutes “severe gender dysphoria.” You will need to discuss the diagnosis with BOTH a medical provider and mental health provider who are LGBTQIA+ safe before obtaining care.

The law does NOT limit the parent's ability to take their child out of state for care. However, if you need to travel out of state, make sure you research the laws in the state in which you are traveling and have all necessary paperwork prior to leaving West Virginia.

Continue to fill their prescriptions and attend their appointments. You will need to discuss the new law with your providers and determine the potential of a “severe gender dysphoria” diagnosis for your child. It is best to make these arrangements as soon as possible.