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Navigating the Trump administration executive order impacting pediatric gender dysphoria evidence, coverage, disclosures, regulation, legislation, and enforcement as well as grants to certain medical institutions, including medical schools and hospitals.

By Jason B. Caron and Terra Reynolds

Update: On February 13 and 14, federal district courts in Maryland and Washington, respectively, issued temporary restraining orders blocking enforcement of President Trump’s January executive order on pediatric gender dysphoria matters.

Originally published on February 4, 2025

See EO: Protecting Children From Chemical and Surgical Mutilation

Date issued: January 28, 2025

Agencies Impacted: AHRQ, CDC, DOD, DOJ, FDA, HHS, NIH, OMB, OPM

Summary: This EO directs:

  • “Agencies” to rescind or amend all policies that rely on World Professional Association for Transgender Health guidance
  • HHS with (a) publishing a review of the existing literature on best practices for promoting the health of children who assert gender dysphoria, rapid-onset gender dysphoria, or other “identity-based confusion,” (b) using all available methods to increase the quality of data to guide practices for improving the health of minors with gender dysphoria, rapid-onset gender dysphoria, or other identity-based confusion, or who otherwise seek “chemical or surgical mutilation,” and (c) consistent with applicable law, take all appropriate actions to end the “chemical and surgical mutilation of children,” including regulatory and sub-regulatory actions
  • Each executive department or agency that provides research or education grants to medical institutions, including medical schools and hospitals, to, consistent with applicable law and in coordination with the OMB, immediately take appropriate steps to ensure that institutions receiving federal research or education grants end the “chemical and surgical mutilation of children”
  • DOD to commence a rulemaking or sub-regulatory action to exclude “chemical and surgical mutilation of children” from TRICARE coverage
  • OPM, as appropriate and consistent with applicable law, to (a) include provisions in the Federal Employee Health Benefits (FEHB) and Postal Service Health Benefits (PSHB) programs call letter for the 2026 Plan Year specifying that eligible carriers, including the Foreign Service Benefit Plan, will exclude coverage for pediatric transgender surgeries or hormone treatments, and (b) negotiate to obtain appropriate corresponding reductions in FEHB and PSHB premiums
  • DOJ to (a) review its enforcement of female genital mutilation authorities, (b) convene state attorneys general and law enforcement officers to coordinate the enforcement of laws against female genital mutilation, (c) prioritize investigations and take appropriate action to end deception of consumers, fraud, and violations of the Food, Drug, and Cosmetic Act by any entity that may be misleading the public about long-term side effects of “chemical and surgical mutilation,” (d) in consultation with Congress, work to draft, propose, and promote legislation to enact a private right of action for children and the parents of children whose healthy body parts have been damaged by medical professionals practicing “chemical and surgical mutilation,” which should include a lengthy statute of limitations, and (e) prioritize investigations and take appropriate action to end “child-abusive practices by so-called sanctuary States” that facilitate stripping custody from parents who support the healthy development of their own children, including by considering the application of the Parental Kidnapping Prevention Act and recognized constitutional rights

Timeline: Some directives appear immediate, while others have a 90-day timeframe. Within 60 days of the date of the EO, the heads of the relevant agencies are charged with submitting a report to the Assistant to the President for Domestic Policy that details progress in implementing the EO and a timeline for future action.

Latham & Watkins has a proven track record of guiding clients through transitions in US administrations, leveraging our deep expertise and understanding of the evolving regulatory landscape. In the first week of the Trump Administration, a total of 48 executive orders were issued, marking a significant and rapid commencement of policy changes with potential impacts across business sectors. This package provides a concise analysis by Latham lawyers of 15 key executive orders that are anticipated to have the most substantial business implications.

For a comprehensive list of all executive orders issued, please visit the official White House website.

Additional details about Latham’s capabilities as well as contact information for several Latham lawyers with former government experience or who serve as key contacts in relevant practice areas, can be found at the end of this package.

We welcome the opportunity to connect with you to understand your specific needs and explore how we can assist you in navigating these changes. Please reach out to Latham for more detailed analysis and to stay informed about additional insights as they become available.