Executive Order #11

WHEREAS, Delaware’s Constitution and laws are founded on the principles of enjoying and defending life and liberty, as well as equality of rights under the law; and

WHEREAS, Delaware is home to approximately 40,000 LGBTQ+ individuals aged 13 and older, representing about 4.5 percent of the state’s population; and

WHEREAS, an estimated 6,300 adults in Delaware identify as transgender, comprising approximately 0.82 percent of the adult population; and

WHEREAS, LGBTQ+ individuals in Delaware have historically faced discrimination, including in healthcare settings, leading to disparities in access to necessary medical services; and

WHEREAS, in Delaware, we reject discrimination in all forms, value the LGBTQ+ community, and will safeguard their rights; and

WHEREAS, gender-affirming care is recognized by the American Medical Association, the American Academy of Pediatrics, the American Psychiatric Association, the Endocrine Society, the American College of Obstetricians and Gynecologists, the World Professional Association for Transgender Health, the American Academy of Family Physicians, and the Medical Society of Delaware, among others, as medically necessary, evidence-based, and lifesaving for transgender individuals; and

WHEREAS, Delaware law does not currently provide explicit legal protections to healthcare providers offering gender-affirming care; and

WHEREAS, in 2013, Delaware’s Gender Identity Nondiscrimination Act was enacted, making gender identity a protected class and banning discrimination against a person based on gender identity in housing, employment, public works contracting, public accommodations, and insurance; and

WHEREAS, in 2016 and 2020, the Delaware Department of Insurance issued a bulletin banning blanket policy exclusions for gender-affirming care and requiring that insurance companies provide coverage for gender-affirming care on an equivalent basis with similar care
provided for other diagnoses and impose equal premiums for those seeking or receiving gender-affirming care; and

WHEREAS, in 2016, the State Employee Benefits Committee voted to remove then-existing exclusions for gender-affirming care and to provide coverage for gender-affirming care under state health insurance plans; and

WHEREAS, in 2018, conversion therapy for youth was banned under Delaware law as it has been rejected by all mainstream medical and mental health organizations and poses serious health risks to LGBTQ+ youth; and

WHEREAS, in 2023, the Delaware Personal Data Privacy Act was enacted, and became effective this year, which protects consumers’ personal privacy data, including an individual’s status as transgender or non-binary; and

WHEREAS, it is imperative to reinforce and expand these protections to ensure that individuals providing or seeking gender-affirming care in Delaware are not subjected to legal liability or professional sanctions.

NOW, THEREFORE, I, MATTHEW MEYER, by virtue of the authority vested in me as Governor of the State of Delaware, do hereby DECLARE and ORDER the following:

1. “Gender-affirming care” means any medically necessary healthcare or treatment consistent with current clinical standards of care prescribed by a licensed healthcare provider for the treatment of a condition related to the individual’s gender identity and that is legal under Delaware law.
2. “State agency” means any office, department, agency, board, commission or authority of the Executive Branch of the State of Delaware under the jurisdiction of the Governor.
3. Except as required by a final and non-appealable court order issued by a Delaware or federal court, or as required by Delaware or federal law, no state agency may provide information including medical records, data, or billing information, or utilize state resources, that would further a criminal or civil investigation or proceeding, or a professional disciplinary action, that is initiated against an individual solely for engaging in any of the following:
   1. Providing, receiving, inquiring about, or responding to an inquiry regarding gender-affirming care;
   2. Assisting with any actions pursuant to paragraph 3(a); and
   3. Traveling to Delaware to provide, receive, inquire about, or respond to an inquiry regarding gender-affirming care.
4. Except as required by a final and non-appealable court order issued by a Delaware or federal court, or as required by Delaware or federal law, no state agency may comply with a subpoena issued by another state that seeks information regarding an individual who provides, receives, inquires about, or responds to gender-affirming care, or traveled to Delaware to provide, receive, or inquire about gender-affirming care that is or would otherwise be lawful in Delaware.
5. Notwithstanding paragraphs 3 and 4, if the individual who provided, received, inquired about, responded to, assisted with, or traveled to Delaware for gender-affirming care, and who is the subject of the criminal or civil investigation or proceeding, professional disciplinary action, or is the individual whose information is sought via subpoena, requests a Delaware state agency’s assistance in writing, the state agency must contact the Office of the Governor for its written authorization before providing such assistance. Written authorization from the Office of the Governor is not required where there is a final and non-appealable court order issued by a Delaware or federal court, or when compliance is required by Delaware or federal law.
6. Notwithstanding paragraphs 3, 4, and 5, this Executive Order does not prohibit the sharing of information with the recipient of the gender-affirming care when the recipient provides written consent requesting that the information be shared.
7. Pursuant to the discretion afforded in me in Delaware law as Governor of the State of Delaware, I shall deny any request for the extradition of any individual who provides, receives, inquires about, responds to, or assists with gender-affirming care that is or would otherwise be lawful in Delaware and that I may deny pursuant to the law.
8. No state professional regulations board may bar or discipline a healthcare professional solely on the basis of the healthcare professional providing, receiving, inquiring about, responding to an inquiry, or assisting an individual with gender-affirming care that is or would otherwise be lawful in Delaware.
9. Nothing in this Executive Order shall be construed to contravene any law or regulation. Nothing in this Executive Order shall affect or alter the existing statutory powers of any state agency.
10. This Executive Order supersedes any contrary provision of any other prior Executive Order.