Governor Mike DeWine held a press conference Friday morning to announce new rules. These regulations call for multidisciplinary teams of caregivers, comprehensive mental health counseling services and adequate informed consent processes for transgender girls undergoing gender transition surgery or considering playing sports.
He stated that hospitals and ambulatory surgical facilities would be required to report de-identified data on patient treatment.
What is the Executive Order?
An executive order is a type of legislative instrument designed to direct administrative agencies in states or territories. On Friday, Ohio Governor Mike DeWine issued an emergency executive order restricting gender transition surgeries for minors in his state just days after vetoing legislation that would have severely limited medical treatment of transgender children.
DeWine announced at a press conference that he has instructed both the Department of Health and Department of Mental Health to immediately file rules that require doctors to secure “sufficient informed consent” from patients (and parents in cases involving minors) before providing gender affirming care as well as extensive mental health counseling services. These new regulations would also mandate healthcare providers report aggregated data regarding transgender healthcare.
DeWine highlighted an Ohio Children’s Hospital Association report which states no hospitals or ambulatory clinics perform these surgeries on children under 18. He went on to explain that it wasn’t the role of government to interfere with parents making healthcare decisions for their families.
Why is this important?
DeWine noted his objection to the bill based on his conviction that parents should make decisions regarding hormone treatment for both themselves and their children without government interference. Furthermore, DeWine expressed concerns over “fly-by-night providers or clinics” who might dispensing hormones without providing necessary counseling services to consumers.
DeWine said he is currently crafting rules to avoid such an outcome and requires patients be provided care from an endocrinologist, psychiatrist and bioethicist. Additionally, these rules will necessitate extensive and lengthy mental health counseling prior to any potential treatments being considered.
DeWine states these new rules will require healthcare providers in Ohio to submit de-identified gender dysphoria data, while his administration will work with an organization meeting Southern Poverty Law Center criteria as an anti-hate organization to collect and share it. DeWine wants to ensure Ohioans receive only the best care. On Friday the Ohio Departments of Mental Health and Addiction Services and State Department of Health filed these proposed rules for public comment.
What is the process?
Ohio Governor Mike DeWine recently issued new rules that restrict some aspects of transgender care, following his veto of legislation that would have banned gender transition surgery for minors and prevented transgender girls and women from competing in female scholastic sports. At a press conference, DeWine announced his directives to state agencies to create regulations mandating counseling before treatment, informed consent agreements and reporting requirements from clinics; although these administrative rules won’t take immediate effect since they must first go through an approval process by panels and lawmakers before becoming law.
The Governor emphasized his belief that it is not the state’s place to intervene with medical decisions made by parents and doctors for their children, such as gender affirming surgeries. He spoke with children’s hospitals during his information gathering period that reported they do not perform gender affirming surgeries on youth; and spoke to family members and physicians who felt young people lacked the mental capability for such life-altering decisions.
What is the timeline?
One week after vetoing legislation that would prohibit surgery and puberty-blocking medication for transgender minors, Ohio Governor Mike DeWine unveiled new rules and regulations regarding gender affirming care. In a Friday press conference, DeWine stated his feelings on House Bill 68 are still strong but that he’s begun the process of developing policies governing transgender care services in Ohio.
On Friday, an executive order issued by Governor Mike Pence immediately banned gender transition surgeries for children at any hospital or healthcare facility within the state, including ambulatory surgical facilities. This includes surgeries like double mastectomy or any measures intended to alleviate chest dysphoria for transmasculine youth as well as hormone therapy or medication treatment plans.
This executive order also mandates medical professionals work with a team of endocrinologists, bioethicists and psychiatrists before providing treatment; that patients receive information regarding potential risks to care and give informed consent; and healthcare providers report “de-identified data” about transgender healthcare to Ohio Department of Health.
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