Region doctor: Repeal ‘Aid and Abet’ provision of gender-affirming care ban for trans youth

As a family doctor, I see patients from all ages, demographics, and walks of life. Many of
my gay and transgender adult patients have shared stories about how a lack of support during
their formative years led to struggles – both mental and physical – that lingered well into
adulthood. LGBTQ+ youth need the support of their societies, peers, parents, schools, and
physicians. Unfortunately, state law ties my hands – and those of my colleagues – from helping
young transgender people receive life-saving health care.

Indiana’s gender-affirming care ban especially dangerous

The U.S. Supreme Court is reviewing a case regarding Tennessee’s ban on
gender-affirming care for minors. The case will have implications for providing care in Indiana.
However, Indiana’s law differs in one crucial way – it contains “aid and abet” language that
curtails medical providers’ free speech and duty to protect their patients.
We know that some families are traveling out of state to seek gender-affirming care, but
the youth’s primary care doctors are prohibited from communicating with the out-of-state
doctors. Because this section of the law is so broad, “communicating” is understood to mean
referring a family to an out-of-state provider, sharing the youth’s medical records with that
provider, and sharing or receiving information about current care with those providers –
including potential health concerns.

This prohibition has devastating consequences. For example, if one of my patients were
in this situation, I could inadvertently prescribe medication that interacts with their treatment. In
addition to any psychological harm a delay in treatment may cause, I run the risk of putting my
patients in physical danger if I’m not aware of their ongoing prescriptions.
This kind of restriction is unheard of in other areas of medicine — whether it’s oncology,
cardiology, or any other specialty. And no other profession outside of medicine faces external
bans on discussing their work across state lines. Rep. Chris Campbell (D-West Lafayette) has
introduced a bill that would repeal the “aid and abet” provision of SEA 480. As a physician, I
support this bill.

Addressing misconceptions about gender-affirming care

I often find myself dispelling misconceptions, half-truths and lies about transgender
people and their healthcare. There’s a widespread belief that children are undergoing immediate
and drastic medical interventions. Nothing could be further from the truth. Gender-affirming care
for minors is a cautious and gradual process. For prepubertal children, it involves nothing more
than social support: allowing them to express their identity through clothing, names, and
pronouns, like any other kid. When and if medical intervention becomes appropriate, it is
approached with care and deliberation. The medications prescribed during puberty are
potentially lifesaving, low-risk, and reversible. With regard to surgical interventions, no Indiana
providers performed such surgeries—even before the ban was enacted.

The impact of Indiana’s ‘Aid and Abet’ provisions

While the U.S. Supreme Court decides whether states can restrict access to hormone
therapy for minors, Rep. Chris Campbell’s HB 1444 is common sense legislation that would
restore the First Amendment rights of Indiana doctors and improve care for youth receiving
out-of-state services. Standing alone, the aid and abet provisions of the law don’t prevent
anyone from receiving care. All they do is diminish the quality of care a youth receives. That
isn’t good public policy. It’s just cruel.

These barriers to life-saving care stand contrary to the values I hold as a physician and
as a Hoosier. We physicians now face managing the damage caused by stripping vital care from
children who are suffering, and who know we could have done better by them. My heart goes
out to parents who have been stripped of their right to decide what’s best for their children.

Moving forward

As a physician, I’ve committed to using my platform to educate and advocate. Advocacy
begins with awareness. I’ve found that many of my colleagues and friends—even those who
share my values—are unaware of the specifics of these laws or the realities faced by
transgender Hoosiers. The more we engage in honest, compassionate conversations, the better
equipped we are to challenge harmful policies and support those who need us most.

Dr. Mark McMurtrey is a board-certified family physician and a Fellow of the American Academy
of Family Physicians. He has been practicing family medicine in Lake and Porter Counties for
23 years. He currently serves on the Board of Directors of the ACLU of Indiana.

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