Texas § HS.161.703 - EXCEPTIONS

§ HS.161.703. EXCEPTIONS

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. Redesignated from Health and Safety Code, Subchapter X , Chapter 161 by Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620 ), Sec. 22.001(20), eff. September 1, 2025.