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Ohio General Assembly Addresses Gender Transition Procedures

As you might know, a few weeks ago Governor DeWine vetoed House Bill 68.  Last week, the Ohio House of Representatives voted to override the veto and it was passed with a vote of 65-28.  The Senate is scheduled to be in session on January 24th and they will likely override the veto as well. 

In the meantime, Governor DeWine and his administration have been working to develop rules in lieu of legislation.  Two rules have been released for comment, and the comment period is open through February 5th.  These rules would prohibit providers in health care facilities, hospitals, private psychiatric hospitals, and community behavioral health settings from performing gender reassignment surgeries on individuals aged 21 or younger and prohibits them from facilitating and/or providing information about gender transition care at other facilities.

The proposed rules also specify the standards that must be met by providers in these facilities before they can offer and deliver non-surgical gender transition care. Standards include provisions related to pre-transition mental health evaluation and counseling, treatment team composition, and informed consent. The rules also mandate that providers fulfill OhioMHAS and ODH data collection and reporting requirements, which include the requirement that ODH share de-identified information about gender-related diagnoses, medications, and surgeries as well as demographic information with legislators and the public.  Below are links to both rules for your review:

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