Ohio will not restrict medical care for transgender adults, but Gov. Mike DeWine's administration's plan would still dictate the care children receive.
State health officials on Wednesday announced changes to rules introduced by DeWine after he vetoed House Bill 68. The proposal would ban Ohio hospitals and surgical facilities from performing sex reassignment surgeries on minors and regulate the treatment of children with gender dysphoria.
Another measure would require health care providers to report data on diagnosis and treatment of gender dysphoria, something DeWine said the state does for abortions and flu cases. This information does not include the patient's name, address, or other identifying information.
The changes came after thousands of Ohioans denounced the rules in written comments obtained by USA TODAY Network's Ohio affiliate through a public records request. Transgender people in Ohio detailed how gender transition has improved their lives, while medical experts questioned the wisdom of DeWine's proposal.
“I'm so, so happy to now have access to gender-affirming care in the form of hormone replacement therapy,” one person wrote. “Restricting gender-affirming health care for transgender people forces people like me to relive the pain of gender dysphoria, the pain that has driven so many of us to attempt or commit suicide. , would result in untold harm that could be avoided.”
How will Ohio regulate transgender healthcare?
Under the new rules, health care providers will no longer have to have their care plans reviewed by medical ethicists, but critics say they are lacking. The measure also expanded eligibility for mental health providers to address “concerns about limited availability of certain medical specialties,” health officials said. But limiting the rules to children and teens was the biggest change yet.
Hospitals and clinics that provide transitional care must have an endocrinologist or mental health professional on staff or have access to referrals. For patients under 18 years of age, he must undergo at least 6 months of counseling before undergoing further treatment.
Health care providers say they believe therapy can be an important part of a patient's transition, but requiring it could create new barriers to care. DeWine maintains that treatment is an important part of the equation and wants to prevent “night clinics” from prescribing hormones without providing mental health care.
“Whether it's an adult or a child, it's clearly a best practice to seek counseling before deciding what to do,” DeWine previously told USA TODAY Network's Ohio bureau. “All we were trying to do in this case is make sure people get proper care.”
The proposed rules will ultimately be submitted to a committee of lawmakers known as the Joint Committee on Agency Regulations, which will again accept public comment. Critics say that while the changes are an improvement, the plan still burdens health care providers and harms Ohioans who need gender transition care.
The ACLU of Ohio said it was “grateful that community and expert feedback was incorporated.” Posted in X, formerly known as Twitter. “However, the best way to ensure the health, safety, and well-being of transgender Ohioans would be to repeal the rule in its entirety.”
The ACLU also announced that it intends to sue the state of Ohio over House Bill 68, which restricts medical care for transgender minors and prohibits transgender girls and women from playing on women's sports teams. The bill is expected to become law in April after the House and Senate vote to override Mr. DeWine's veto.
Haley Bimiller is a reporter for USA TODAY Network's Ohio bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.
