How is my access to gender-affirming health care protected in New Jersey? What is New Jersey doing to ensure a safe and affirming health care environment for transgender and non-binary individuals?

Last Updated: 08/06/2023

Executive Order No. 326 establishes New Jersey as a safe haven for gender-affirming health care. The Order aims to ensure that all members of the LGBTQIA+ community, including transgender and non-binary individuals, enjoy equal access to quality health care services in New Jersey, whether or not they are New Jersey residents.

Protecting Access to Gender-Affirming Health Care in New Jersey

Under EO 326, all State departments and agencies are directed to protect all people, including health care professionals and patients, against potential repercussions resulting from providing, receiving, assisting in providing or receiving, seeking, or traveling to New Jersey to obtain gender-affirming health care services.

The Order bars the extradition of individuals within New Jersey to another state for providing, receiving, or otherwise facilitating gender-affirming health care services that are legal in New Jersey.

Departments and agencies are prohibited from cooperating with interstate investigations that aim to hold someone liable for civil or criminal penalties associated with such care.

  • Executive Branch departments or agencies, officers, employees, appointees, and officials will not provide any information or use any State resources to further an investigation or proceeding that aims to impose civil or criminal liability or professional sanctions upon a person or entity solely for providing, receiving, assisting in providing or receiving, seeking, inquiring or responding to an inquiry about, or traveling to New Jersey to obtain gender-affirming health care services.
  • Executive Branch departments or agencies, officers, employees, appointees, and officials will not comply with a subpoena issued by another state, knowing that the subpoena seeks information solely because a person or entity provided, received, assisted in providing or receiving, sought, inquired or responded to an inquiry about, or traveled to New Jersey or to another state to obtain gender-affirming health care services.
  • For limited exceptions, see full text of EO 326.

Departments and agencies are required to pursue opportunities to protect people or entities in New Jersey providing, receiving, assisting in providing or receiving, seeking, or traveling to obtain gender-affirming health care services.

Examples of Gender-Affirming Health Care

For purposes of EO 326, "gender-affirming health care" includes care that addresses a transgender or non-binary person's physical, mental, and/or social health needs and that is designed to support and affirm a transgender or non-binary person's gender identity.

Examples of gender-affirming health care include but are not limited to:

  • mental health or psychiatric care
  • surgery, hormone replacement therapy, and other nonsurgical treatments intended to align aspects of a person's life with their gender identity
  • other behavioral or medical interventions, treatments, and therapies designed to support and affirm an individual's gender identity