Seattle Children’s Hospital has filed a lawsuit against the Texas Attorney General’s Office for what it called “sham requests” to provide information regarding patients who received gender transitioning treatment and procedures.
The hospital was served a civil investigative demand on Nov. 20, alleging possible violations of the Deceptive Trade Practices Act (DTPA) for issues related to “misrepresentation regarding gender transitioning and reassignment treatments and procedures.”
Texas Attorney General Ken Paxton sought documents on “diagnoses, medications prescribed, laboratory testing, and treatment protocols utilized by physicians in the treatment of individual patients” dating back to Jan. 1, 2022. The hospital was required to respond by Dec. 7.
“Alternatively, if the demands are not set aside, Seattle Children’s respectfully requests that the scope of the demands be modified and an extension of no less than 30 days’ time be granted to respond,” it stated.
In its lawsuit, the hospital argued that Washington’s “Shield Law” prohibits Washington entities from complying with “a subpoena, warrant, court order, or other civil or criminal legal process” for records related to protected health care services that are lawful in Washington.
“Furthermore, the demands are an unconstitutional attempt to investigate and chill potential travel by Texas residents to obtain healthcare in another state,” it added.
The hospital said that Mr. Paxton cannot assert general jurisdiction over Seattle Children’s Hospital because it is not incorporated in Texas and does not have its principal place of business there.
“There is no personal jurisdiction over Seattle Children’s in connection with Seattle Children’s provision of gender-affirming care to any patients, including any patients who may reside in Texas,” it stated.
The hospital urged the court to drop Mr. Paxton’s “sham requests,” saying “they are not a bona fide investigation into violations of the DTPA and therefore are not a proper exercise of the attorney general’s authority.”
“There is no doubt the Attorney General is granted broad investigative powers under Texas law. But those powers are not unlimited.
“They must comport with general notions of due process and, at a minimum, the subject of the investigation must relate to business being transacted in Texas,” it added.
Abbott Signs Bill Banning Trans Surgeries
Republican Texas Gov. Greg Abbott signed a bill in June that places restrictions on gender transitioning procedures and treatments for minors in the state.
The bill, known as Senate Bill 14, prohibits doctors from performing certain procedures and treatments related to gender transitioning, reassignment, or gender dysphoria to children under 18. It also restricts the use of public funds or public assistance for such procedures.
The newly enacted law specifically bans doctors and health care providers from performing surgeries that render minors unable to have children.
This includes surgeries on males like castration (removing testicles), vasectomy (cutting tubes that carry sperm), orchiectomy (removing testicles), penectomy (removing the penis), and vaginoplasty (making a vagina). It also includes surgeries on females, such as hysterectomy (removing the uterus), oophorectomy (removing ovaries), metoidioplasty (reshaping the clitoris), and phalloplasty (making a penis).
But there are some exceptions to the rule. Doctors can give prescription drugs to stop puberty for children who start it too early, with the permission of their parents or guardians. They are also allowed to perform medically necessary procedures or treatments on children who have genetic problems with their sex development or chromosomes.
The law also includes other exceptions for minors who are already undergoing non-surgical treatments before June 1 and those who have undertaken 12 or more sessions of mental health counseling or psychotherapy six months before beginning prescription drug treatments. These treatments on children may continue, but the patients must “wean” off the medications with the help of their doctor.
