Proposal would exempt minors from reporting gender identity, sexual orientation on health forms

Last year, Maine lawmakers passed a law requiring health care providers to collect and record data on the sexual orientation and gender identity of their patients, which proponents said would help providers improve their quality of care. This year, a legislator is seeking to modify that requirement so that it no longer applies to minors.

Bill sponsor Ambureen Rana (D-Bangor) and medical experts said Monday that the change would grant health care providers more flexibility when it comes to how and when to discuss concerns or issues related to sexual or gender identity with young people, understanding that these conversations may impact their physical or mental health. 

The bill (LD 1945) would also remove the stipulation that providers collect this data from all patients during each doctor’s visit — a provision that means these conversations are being forced, rather than letting providers assess the best times to ask these questions, Rana said.

The rule change is supported by the Maine Medical Association and the Maine Chapter of the American Academy of Pediatrics. 

During a public hearing before the Maine Legislature’s Health and Human Services Committee, the health associations both said that the new law allowed people, particularly those in the LGBTQ+ community, to discuss their own identity, rather than have providers make assumptions. However, they believe collecting that information on every visit is unnecessary, particularly for minors who may not be ready to talk about those topics. 

The new bill comes as scrutiny of transgender people, particularly students, is increasing nationwide and in Maine, while some Republican lawmakers are seeking to roll back affirming gender identity protections, including gender affirming care. 

Protecting the privacy and safety of minors is an important goal of the proposed bill, said Madeleine DesFosses, advocacy and public health manager of the Maine Chapter of the American Academy of Pediatrics.

“Requiring health care providers to collect information through an intake form related to gender identity and sexuality for a minor may put them in an uncomfortable or confusing position,” she said.

“A minor may not feel comfortable or safe disclosing their gender or sexual identity in a healthcare setting. In addition, data may be skewed if a minor doesn’t feel they can be truthful about their gender identity or sexuality in this kind of setting.”

Under current law, anyone can decline to share this information, which the bill does not aim to change.