HB 1665 / SB 1664

This bill bars healthcare providers from asking minors any questions designed to probe their gender identity—such as whether they feel “normal” in their body, believe they are the “right” gender, or identify as a gender different from their sex—unless a parent is physically present, fully informed, and has given written consent, and the question is directly tied to diagnosing or treating a specific condition currently under evaluation. It also prevents insurers and managed-care organizations from pressuring or penalizing providers for refusing to ask these questions as a condition of payment, credentialing, quality scoring, or participation. In turn, insurers may not reduce or deny payment, impose fines, or otherwise punish providers who comply with the parental-consent requirement. Any violation by an insurer is deemed an unfair or deceptive practice under Tennessee’s Consumer Protection Act, and violations by providers may be disciplined by their licensing boards as unprofessional conduct.

The bill further guarantees that parents have full access to any written forms, questionnaires, or electronic assessments presented to their minor children in healthcare settings. It prohibits private, one-on-one interviews with minors about gender identity, sexual orientation, or other gender-related topics, except when a provider reasonably screens for human trafficking, abuse, or neglect—situations in which mandatory reporting laws already apply. Emergency treatment and reporting requirements for child abuse remain unaffected, and minors may still volunteer information about harm or danger.

This measure reflects the legislature’s determination that parents—not insurers or third-party payors—should make informed decisions about sensitive gender-related care for their children. By embedding parental-consent safeguards into state law and shielding providers from insurer coercion, the act seeks to ensure that no minor is asked questions with potential psychological impact on gender identity without parental oversight or a clear medical rationale.