Texas Could Fine Doctors $250,000 for Changing Patients' Recorded Sex
Texas could fine doctors $250,000 for changing patients' recorded sex on their medical documents as part of a new bill.
The Texas House of Representatives approved a bill on Thursday requiring health agencies to record the sex assigned at patients' births on forms. The bill includes penalties for those who do not comply.
Transgender rights were a central theme in the 2024 election. When President Donald Trump was inaugurated in January, he signed an executive order mandating that his administration would use "clear and accurate language and policies that recognize women are biologically female, and men are biologically male."
The federal government will also use the word "sex" instead of "gender" with all official documents, including passports, visas and Global Entry cards, "accurately reflecting the holder's sex."
In Texas, in particular, there has been a series of legislation affecting the trans community. As of September 2024, transgender Texans are no longer permitted to change sex on birth certificates.
Meanwhile, a separate Texas bill could make it a felony for transgender people to identify their gender differently from their sex assigned at birth on official documents with government entities or employers
The bill could fine doctors $250,000 for changing patients' recorded sex. However, it also has an exemption stating it does not stop gender identity information from being included in health records.
The bill also includes restrictions on healthcare providers' use of artificial intelligence (AI) but does not ban it, and rules about the storage of digital servers.
Texas state Representative Greg Bonnen, a Republican who sponsored the bill, said: "Listen, biological sex and medical records is an issue of accuracy, and impacting safe medical care in an acute situation, an emergency could lead to a misdiagnosis. The whole point of the section of the bill is to ensure the physicians always know the true biological sex from birth, and the language is carefully crafted to allow for exceptions based on other medical conditions."
Texas state Representative Ron Reynolds, a Democrat who opposes the bill: "Knowing that documentation choices could trigger a government investigation discourages providers from recording accurate individualized information, especially in complex cases involving gender or sex variation. It places fear and legal exposure ahead of best medical practice."
The bill requires another formal vote in the state House. Then, it will be sent to the Senate. If the Senate passes it, it will move to Texas Governor Greg Abbott's desk for approval.
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