Sec. 161.703. EXCEPTIONS. (a) Section 161.702 does not apply to the provision by a physician or health care provider, with the consent of the child's parent or legal guardian, of:
(1) puberty suppression or blocking prescription drugs for the purpose of normalizing puberty for a minor experiencing precocious puberty; or
(2) appropriate and medically necessary procedures or treatments to a child who:
(A) is born with a medically verifiable genetic disorder of sex development, including:
(i) 46,XX chromosomes with virilization;
(ii) 46,XY chromosomes with undervirilization; or
(iii) both ovarian and testicular tissue; or
(B) does not have the normal sex chromosome structure for male or female as determined by a physician through genetic testing.
(b) Section 161.702 does not apply to the provision of a prescription drug to a child that is otherwise prohibited by that section if:
(1) the prescription drug is part of a continuing course of treatment that the child began before June 1, 2023; and
(2) the child attended 12 or more sessions of mental health counseling or psychotherapy during a period of at least six months before the date the course of treatment described by Subdivision (1) began.
(c) A child to whom the exception under Subsection (b) applies:
(1) shall wean off the prescription drug over a period of time and in a manner that is safe and medically appropriate and that minimizes the risk of complications; and
(2) may not switch to or begin a course of treatment on another prescription drug that a physician or health care provider is prohibited from providing to the child under Section 161.702 or otherwise receive a procedure or treatment prohibited by that section.
Added by Acts 2023, 88th Leg., R.S., Ch. 335 (S.B. 14), Sec. 2, eff. September 1, 2023.