House members this week gave initial approval to legislation meant to promote fairness in competition and opportunity for female student athletes. By a vote of 107-41, the Missouri House perfected HB 183 to establish the Save Women’s Sports Act.

Representative Jamie Burger and I worked together on this legislation, which would prohibit public school districts and charter schools from allowing students grade six to 12 and public and private postsecondary educational institutions from allowing any student to compete in an athletics competition designated for the opposite sex, as determined by the student’s official birth certificate. The bill clarifies that biological sex is only correctly stated on birth certificates if it was entered at or near the time of birth or modified to correct scrivener’s error. The bill also makes it clear a female student may be allowed to compete in an athletics competition designated for male students if there is no such athletics competition for female students offered.

The legislation specifies that any school district, charter school, or private school that violates the provisions of the bill will have a portion of their state funding withheld by the Department of Elementary and Secondary Education. Any public postsecondary educational institution that violates the provisions of the bill would have to remit a fine in the amount of 25% of their current fiscal year state operating appropriation for a first violation, 50% for a second violation, and 100% for subsequent violations. The bill also allows postsecondary education institutions to be fined up to $1 million by the Coordinating Board of Higher Education.

The legislation now requires a final vote in the House before moving to the Senate.

House Members Approve the Save Adolescents from Experimentation Act (HB 419)

House members took action this week to approve legislation supporters say will protect Missouri’s children from unnecessary and harmful sex change drugs and surgeries. By a vote of 103-52, the House approved HB 419, which would establish the Save Adolescents from Experimentation (SAFE) Act.

The SAFE Act would prohibit health care providers from performing gender transition surgery on young people under the age of 18. The act also prohibits a health care provider from prescribing or administering cross-sex hormones or puberty blocking drugs for the purpose of a gender transition for anyone under the age of 18. The performance of a gender transition surgery or the prescription or administration of cross-sex hormones or puberty-blocking drugs to an individual under 18 would be grounds for a cause of action against the health care provider. Such action could be brought within 30 years of the injured individual reaching the age of 21 or the date the treatment of the injury at issue in the action has ceased, whichever is later.

The bill also specifies that Mo HealthNet payments cannot be made for gender transition surgeries, cross-sex hormones, or puberty-blocking drugs for the purpose of a gender transition. Additionally, the bill excludes gender transition surgery from the arrangement of necessary health care services for offenders confined in correction centers.

The bill now moves to the Senate for consideration.

Bill to Provide Direct Access to Physical Therapy Receives Final Legislative Approval (SB 51)

Legislation now on its way to the governor’s desk would give Missourians direct access to physical therapy. With a bipartisan vote of 146-2, the Missouri House gave final approval to SB 51 to allow physical therapy visits without the need for an appointment with a physician.

The legislation would allow physical therapists with a doctorate of physical therapy or five years of clinical experience to evaluate and initiate treatment on a patient without a prescription or referral from an approved health care provider. The bill also states physical therapists must refer to an approved health care provider patients with certain conditions, including those with conditions beyond the scope of practice of physical therapy, as well as any patient who does not demonstrate measurable or functional improvement within ten visits or 30 days, whichever occurs first.

The legislation also requires a physical therapist to consult with an approved health care provider after ten visits or 30 days, whichever occurs first, before continuing physical therapy if a patient’s condition has improved and the physical therapist believes that continued physical therapy is reasonable and necessary. The physical therapist will provide certain information to the provider during the consultation and continued physical therapy will proceed in accordance with input from the provider. The physical therapist will notify the provider of continuing physical therapy every 10 visits or 30 days unless the provider directs otherwise.