After Vetoing Gender-Affirming Care Ban, Ohio Gov. Signs Even Harsher Executive Order

This blog originally appeared at THEM.

Mike DeWine announced a state “emergency,” prompting the implementation of new regulations regarding transgender medical care.

Following his applauded veto of an anti-transgender bill late last year, Ohio’s Republican governor, Mike DeWine, has now issued an executive order imposing stringent limitations on gender-affirming care for both minors and adults. Despite vetoing House Bill 46 on December 29, which aimed to restrict gender-affirming care and sports participation for transgender minors, DeWine emphasized in his veto message the life-saving impact of such care, based on discussions with the trans community.

However, DeWine hinted at concerns and the necessity for action regarding various issues, directing a cautionary note toward the Republican-dominated state legislature. In anticipation of a potential override of his veto by the Ohio House, DeWine signed an executive order last Friday, imposing even stricter restrictions on gender-affirming care compared to those outlined in HB 46.

The executive order, citing an “emergency,” mandates the immediate adoption of new restrictions by the Ohio Department of Health (ODH) without standard rule-making procedures. Effective immediately, these regulations prohibit gender-affirming surgeries for individuals under 18 for a 120-day period—a duration permissible under executive order procedures.

Additionally, the order introduces draft rules necessitating a public comment period, extending beyond youth to encompass all individuals receiving transition-related medical care. Under these proposed regulations, healthcare providers must report new diagnoses of “gender-related conditions” to the ODH within 30 days and disclose details of a patient’s gender-affirming care plan. Providers are also mandated to complete new forms prior to initiating or modifying a patient’s care, including information such as age, sex assigned at birth, and specifics regarding diagnosis or treatment.

The proposed regulations additionally stipulate that the Department of Health intends to release this aggregated data to the public from January 31, 2025, arguing that non-identifying information is not considered protected health information.

TransOhio, an advocacy group, raised concerns about the executive order on social media over the weekend, urging individuals to submit feedback on the regulations to both the ODH and the Ohio Department of Mental Health and Addiction Services. The latter recently published a similarly restrictive set of proposed rules on January 5, mandating, among other provisions, that providers must engage or have contractual arrangements with board-certified psychiatrists and endocrinologists. They also necessitate the submission of a detailed detransition plan for trans patients’ treatment approval by a medical ethicist. Additionally, individuals under 21 must undergo six months of psychological counseling before commencing care.

TransOhio outlined in their suggested message to the departments that these guidelines would fundamentally alter Ohio’s operational systems, placing burdens on providers and adversely impacting patients. The organization condemned the rules as unwanted, unnecessary, and potentially unconstitutional.