Ohio’s Republican governor Mike DeWine has signed an executive order that places strict restrictions on gender-affirming treatment for both juveniles and adults after receiving praise for vetoing an anti-transgender bill late last month.
DeWine wrote in his veto message that his decision was influenced by conversations with the trans community and blocked House Bill 46, which would have imposed restrictions on gender-affirming care and sports participation for transgender minors, on December 29.
DeWine wrote, “Many parents have told me that their child would be dead today if they hadn’t received the care they received from an Ohio children’s hospital.” “Those who are now adults have also told me that if it weren’t for this care, they would have committed suicide as teenagers.”
DeWine did, however, end the message with a foreboding note addressed to the Republican-controlled state legislature, saying, “I do share some of these concerns and agree that action is necessary regarding some issues raised.”
According to local affiliate WCMH, the Ohio House is anticipated to override the governor’s veto. However, DeWine signed an executive order last Friday that includes restrictions on gender-affirming care that are even harsher than those outlined in HB 46 in advance of that planned action.
Without a formal rule-making process, the executive order declares an “emergency” necessitating the immediate adoption of new Ohio Department of Health (ODH) regulations. The ODH rules prohibit gender-affirming therapies for children under the age of 18 for a maximum of 120 days, which is the greatest time this rule can be put into effect by executive order without adhering to standard procedures.
Nevertheless, the executive order also contains draft rules that must go through a public comment period. These proposed restrictions go beyond just young people and apply to anyone receiving transition-related health care. Healthcare professionals would also be required under these new regulations to inform the ODH of any new symptoms of “a gender-related condition” within 30 days of the treatment and to provide information about a patient’s gender-affirming care program. Age, gender assigned at birth, and “certain information about the characteristics of any treatment or the type of therapy being provided” would all need to be filled out by providers before beginning or making any changes to a patient’s care.
The Department of Health will also make that aggregated data public starting on January 31, 2025, according to the draft rules, which assert that information that does not identify individuals “is never protected health information.”
This weekend, the advocacy group TransOhio raised the alarm regarding the executive order on social media, urging people to share their opinions on the guidelines with ODH and the Ohio Department of Mental Health and Addiction Services, which on January 5 published a likewise stringent set of proposed rules.
The MHA rules, among other things, would mandate that in order to treat trans patients, providers must hire or have a contractual relationship with an endocrinologist and psychiatrist who is board-certified, as well as post “a comprehensive plan of action for patients seeking to detransition” for review and approval by an ethical medical professional. The MHA regulations would also mandate that people under the age of 21 go through a six-month period of mental counseling before receiving care.
The rules, according to TransOhio, “fundamentally alter how Ohio systems operate, burdening services and devastating patients,” in a letter to the departments.
According to the group, “These laws are unnecessary, onerous, and likely unconstitutional.”
