Revised Proposals Reflect Feedback from Transgender Individuals and Care Providers
The Ohio Department of Health and the Department of Mental Health and Addiction Services have reversed their plans to implement rules that would have restricted gender-affirming medical treatment for adults in a manner unprecedented in any other state. The proposed rules, which faced significant backlash from advocates, initially required the involvement of psychiatrists, endocrinologists, and medical ethicists in the creation of gender-affirming care plans for clinics and hospitals. Additionally, patients under 21 would have been mandated to undergo a minimum of six months of counseling before initiating hormone treatment or undergoing gender-affirming surgery.
After receiving public input, both departments released revised proposals on Wednesday. The Health Department received a staggering 3,900 comments. In response to the feedback received from transgender individuals and care providers, the new versions of the rules will solely apply to the care of minors, removing any restrictions on adult patients. While 21 states have already enacted laws limiting certain aspects of gender-affirming care for minors, Florida remains the only state to have imposed restrictions on care for adults.
The revised rules will now undergo further review before being implemented. Notably, patients under 18 will still be required to undergo a minimum of six months of mental health counseling before accessing gender-affirming medications or surgeries. However, the revisions expand the range of qualified mental health professionals who can provide the necessary counseling, including clinical nurses, social workers, school psychologists, and certain physicians. The requirement for a medical ethicist to be involved in developing facility-wide treatment plans has been eliminated, as the Health Department determined that institutions already consult medical ethics professionals when formulating policies.
Siobhan Boyd-Nelson, co-interim executive director of the LGBTQ+ advocacy group Equality Ohio, expressed relief at the changes, stating that they would alleviate the concerns of thousands of transgender individuals in Ohio who had been anxiously making contingency plans in case their care was interrupted. However, Boyd-Nelson also emphasized that significant concerns about the remaining provisions persisted, suggesting that it would have been preferable for the agencies to rescind the draft rules entirely.
While the revised rules regarding care for minors may have limited impact, it is important to note that the Ohio Legislature recently passed a law banning gender-affirming surgeries and hormone therapies for minors, overturning Governor DeWine’s veto. This law, set to take effect in April, allows children who are already undergoing treatment to continue receiving it.
