Texas Attorney General Ken Paxton has determined that mental health professionals licensed by the Texas Behavioral Health Executive Council are considered "healthcare providers" under state law and are subject to restrictions tied to Texas' ban on certain gender-transition treatment for minors.
In an opinion issued on Friday, Paxton responded to a request from the council seeking clarification on whether its licensees — including psychologists, licensed professional counselors, marriage and family therapists, and social workers — fall within the definition of healthcare provider under Senate Bill 14, passed in 2023.
The law prohibits physicians and healthcare providers from performing surgeries or prescribing certain medication to minors for the purpose of transitioning a child's biological sex or affirming a gender identity inconsistent with the child's biological sex.
It also bans the use of public funds for providers who offer or facilitate such procedures.
"Any radical facilitating the 'transitioning' of our kids is committing child abuse," Paxton said in a statement.
"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," he added.
The council asked whether mental health professionals are covered by the statute, noting that the prohibited medical procedures fall outside their scope of practice.
Paxton concluded that the statutory definition of healthcare provider "unambiguously encompasses" the council's licensees.
State law defines a healthcare provider as a person, other than a physician, who is licensed or otherwise authorized to provide or render healthcare or to dispense or prescribe prescription drugs.
In the opinion, Paxton said the ordinary meaning of healthcare includes efforts to maintain or restore physical or mental well-being and that licensed mental health professionals therefore qualify under the statute.
As a result, he wrote, any licensee who "facilitates" a prohibited procedure or treatment for a minor — even if not directly performing it — would be barred from receiving public funds related to that activity.
Senate Bill 14 prohibits puberty blockers, cross-sex hormones in certain doses, and specified surgeries for minors when used for gender transition purposes. The law also authorizes the attorney general to enforce its provisions.
Paxton's opinion further notes that professionals who violate applicable laws could face disciplinary action under their respective licensing statutes, including potential revocation of their licenses.
Attorney general opinions do not have the force of law but provide legal guidance to state agencies and officials on the interpretation of state statutes.
Solange Reyner ✉
Solange Reyner is a writer and editor for Newsmax. She has more than 15 years in the journalism industry reporting and covering news, sports and politics.
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