Texas Attorney General Ken Paxton has issued a forceful legal opinion declaring that so?called gender transition interventions for minors facilitated by mental health professionals are illegal under current state law and constitute child abuse.
According to The Post Millennial, Paxtons office concluded that Texas statutes already on the books, including Senate Bill 14, bar mental health care providers from engaging in or enabling practices aimed at changing a childs sex, and that those who do so face serious professional and financial consequences.
In a statement underscoring the gravity of the issue, Paxton warned, "Any radical facilitating the transitioning of our kids is committing child abuse," adding, "The law is clear that these radical procedures are illegal and in no world should Texans tax dollars be used to permanently harm children. This opinion should send a clear warning there will be consequences for any medical professional, whether a doctor or a therapist, who is illegally transitioning Texas kids."
The opinion explains that, under SB 14, which took effect in September, the term health care provider "unambiguously encompasses the professions regulated by the Texas Behavioral Health Executive Council." As a result, "Any licensee that facilitates the provision of unlawful procedures or treatments that aim to transition a childs sex are thus forbidden from receiving public money in support of those efforts and, separately, risk revocation of their licenses to practice."
Paxtons formal declaration was addressed to TBHEC Executive Director Darrel Spinks, who had sought clarification on how the law applies to mental health care providers licensed by the council. In response, Paxtons opinion stated, "First, you ask whether the definition of 'health care provider,' which was codified in subsection 161.701(2) of the Health and Safety Code, encompasses the Councils licensees. If so, you also ask 'how' the licensees 'are impacted by S.B. 14' in relation to 'mental health care services not specifically enumerated.' We answer both questions in turn."
Paxton emphasized that there can be no ambiguity about the status of these practitioners, writing that there could not be "any question that the Councils licenseeswhom you refer to as 'mental health care providers,'deal in health care." He pointed out that the Texas statutory framework governing "Health Processions" includes "an entire subtitle for 'Psychology and Counseling,' which individually regulates the services of 'Psychologists,' 'Marriage and Family Therapists,' 'Licensed Professional Counselors,' as well as 'Social Workers,'" and noted that many of these professions are already treated as "health care professionals" in other laws.
The attorney general further stressed that mental health practitioners are often the first step in pushing children toward irreversible medical interventions, writing that "the multidisciplinary path to medically transitioning children often starts with mental 'health care.'" He cited briefs received by his office explaining that mental health professionals serve as the "clinical gatekeepers whose assessments and recommendations initiate the interventions" prohibited by SB 14, underscoring his view that protecting children requires closing off this gateway and holding all involved providers accountable.
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