Gov. Pillen Approves LB 574 Regulations on Nonsurgical, Gender Altering Treatments

LINCOLN, NE – Governor Jim Pillen has approved regulations governing nonsurgical pharmaceutical gender altering treatments for individuals under nineteen years of age.

"Nebraska’s kids are our future. They deserve the opportunity to grow up and develop to their full, God-given potential,” said Gov. Pillen. “As a state, we must protect children from making potentially irreversible and regrettable decisions – decisions for which they may not completely understand the consequences. I extend my appreciation to the Legislature for the passage of LB 574 and to those at DHHS who worked swiftly and thoroughly to ensure completion of these important regulations.”

The Let Them Grow Act, LB 574 (2023), requires the Department of Health and Human Services’ (DHHS) chief medical officer (CMO) to promulgate and adopt rules and regulations governing nonsurgical pharmaceutical gender altering treatments for individuals under nineteen years of age. This includes establishing specific criteria, obligations, or conditions regulating the administration, prescribing, delivery, sale, or use of puberty-blocking drugs, cross-sex hormones, or both. The regulations must include:

The minimum number of gender-identity-focused therapeutic hours required prior to an individual receiving puberty-blocking drugs, cross-sex hormones, or both;
-Patient advisory requirements necessary for a health care practitioner to obtain informed patient consent;
-Patient medical record documentation requirements to ensure compliance with the act; and
-A minimum waiting period between the time the health care practitioner obtains informed patient consent and the administration, prescribing, or delivery of puberty-blocking drugs, cross-sex hormones, or both to such patient.

The adopted regulations include:

-The requirement that a patient receive a minimum of 40 gender-identity-focused contact hours of therapeutic treatment prior to receiving the prescribed medications;
-Required procedures for obtaining and documenting a patient’s informed consent for treatment;
-A minimum waiting period of seven calendar days between the informed patient consent and the time the drugs or hormones are prescribed, administered or delivered to the patient;
-Requirements related to the labeling, administration of, and delivery of the puberty-blocking drugs and/or cross-sex hormones;
-The requirement that a patient under the age of majority must receive at least one therapeutic contact hour every 90 days while the drugs or hormones are being administered to evaluate ongoing effects on the patient’s mental health;
-Patient medial record documentation requirements for prescribing practitioners; and
The requirement that a health care practitioner obtain three hours of continuing education prior to prescribing drugs or cross-sex hormones.
 
A patient is exempt from these requirements if:
-The patient began receiving the prescribed medication prior to October 1, 2023;
-The medication is not being prescribed for the treatment of gender nonconformity or gender dysphoria
-The patient has reached the age of 19.
 
The regulations were filed with the Secretary of State’s Office today, and they will take effect in five days.