Kentucky Youth Law Project, Inc.
Lawyers helping LGBTQ+ Children & Youth
Transgender Youth/Jóvenes transgénero
KYLP to Launch a Rapid-Response Initiative
to Protect Transgender Youth Medical Privacy
The Kentucky Youth Law Project (KYLP) announced today that it has launched a rapid-response initiative to challenge any attempts by federal or state law enforcement agencies to force Kentucky medical providers or institutions to release confidential records of transgender and nonbinary youth receiving gender-affirming health care.
Across the country, medical and mental health providers have begun receiving subpoenas demanding disclosure of minors’ gender-affirming treatment records. To date, no Kentucky providers have reported receiving such subpoenas. But with recent political efforts targeting gender-affirming care, KYLP believes it is prudent to prepare now.
“Let’s be clear: gender-affirming care for minors is not a crime,” said KYLP Legal Director Keith D. Elston. “But under a recently passed Kentucky statute, providers face the threat of professional license revocation for offering this care. That makes it even more urgent that we protect both providers and their patients from unlawful fishing expeditions into private medical records.”
KYLP emphasized that compelled disclosure of treatment notes or medical records would violate privacy laws, deter families from seeking necessary care, and put vulnerable youth at risk of stigma, harassment, and violence.
The organization’s rapid-response plan includes:
“Confidentiality is the cornerstone of healthcare,” said Ethan Chase, KYLP Board Vice Chair and Legal Committee member. “We will fight to ensure that every Kentucky child can speak openly with their doctor without fearing that law enforcement will seize their private records.”
Families and providers who receive a subpoena are urged to immediately contact KYLP’s legal team at 844-220-0226 (toll-free) or [email protected] for guidance.
Across the country, medical and mental health providers have begun receiving subpoenas demanding disclosure of minors’ gender-affirming treatment records. To date, no Kentucky providers have reported receiving such subpoenas. But with recent political efforts targeting gender-affirming care, KYLP believes it is prudent to prepare now.
“Let’s be clear: gender-affirming care for minors is not a crime,” said KYLP Legal Director Keith D. Elston. “But under a recently passed Kentucky statute, providers face the threat of professional license revocation for offering this care. That makes it even more urgent that we protect both providers and their patients from unlawful fishing expeditions into private medical records.”
KYLP emphasized that compelled disclosure of treatment notes or medical records would violate privacy laws, deter families from seeking necessary care, and put vulnerable youth at risk of stigma, harassment, and violence.
The organization’s rapid-response plan includes:
- Filing motions to quash or narrow subpoenas issued to providers;
- Seeking protective orders to prevent disclosure of identifying information;
- Pursuing emergency injunctions if needed to block unlawful disclosures; and
- Training providers and clinic staff on their rights and responsibilities when served with a subpoena.
“Confidentiality is the cornerstone of healthcare,” said Ethan Chase, KYLP Board Vice Chair and Legal Committee member. “We will fight to ensure that every Kentucky child can speak openly with their doctor without fearing that law enforcement will seize their private records.”
Families and providers who receive a subpoena are urged to immediately contact KYLP’s legal team at 844-220-0226 (toll-free) or [email protected] for guidance.
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According to a 2011 study co-authored by the National Center for Transgender Equality and the National Gay and Lesbian Task Force:
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Según un estudio de 2011 del que son coautores el National Center for Transgender Equality y el National Gay and Lesbian Task Force:
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