LINCOLN — The Nebraska Department of Health and Human Services has extended emergency regulations on gender-affirming care for minors that the agency approved after state lawmakers adopted stricter limits on such care in Legislative Bill 574.

The state agency was set to replace those emergency regulations from October with lasting ones as early as this week. However, HHS said it needed more time and extended the temporary regulations through the end of March.

HHS spokesman Jeff Powell, said Tuesday the replacement draft regulations for puberty blockers or cross-sex hormones should be finished soon. He said the end of HHS’ public comments summary and review process was likely weeks away, not days.

The placeholder regulations require minimum therapy levels before the care can be provided. They set guidelines on how medical providers can secure patients’ informed consent and mandate a waiting period between consent and prescription.

HHS’ proposed longer-term regulations require largely the same 40 hours of gender-identity-focused therapy. They propose mandating that the therapeutic hours be “clinically objective.”

Medical professionals who reviewed the draft regulations at the Examiner’s request told a reporter last fall that they would extend the period between initial consultation and access to hormone therapy for minors to at least five months.

HHS took public feedback on the draft during a November hearing with testimony that tilted largely toward easing the temporary regulations instead of ratifying them. Critics of LB 574 are waiting to see how HHS adjusts to that feedback, if at all.

Before the replacement regulations are finalized, HHS could seek additional public comment on the revision. Then the state will need Gov. Jim Pillen’s approval and signoff from the Attorney General’s Office and the State Board of Health.

It’s unclear what would happen legally if new regulations are not adopted by the end of March. 

Nebraska Examiner is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Nebraska Examiner maintains editorial independence. Contact Editor Cate Folsom for questions: info@nebraskaexaminer.com. Follow Nebraska Examiner on Facebook and Twitter.