COLUMBUS, Ohio - Gov. Mike DeWine signed an emergency order Friday morning
banning minors with gender dysphoria from getting surgeries, after vetoing
a bill that would ban all gender-affirming medical treatments of minors
that included hormones, puberty blockers and surgeries.
The order goes into effect immediately while it undergoes the
administrative rulemaking process that requires public comment and
clearance of two panels. As a result that process, the rule could be
altered before it becomes final.
DeWine, who addressed reporters from his downtown Columbus office, said
the Ohio Department of Health and the Ohio Department of Mental Health and
Addiction Services submitted for the rule making process additional
provisions related to transgender care that are not emergency orders and
do not go into effect immediately. The rules require extensive counseling
before treatments begin, informed consent and reporting requirements of
clinics.
But they are also rules that will be subject to public comment and
clearance by panels.
Last week, DeWine outlined his plan to regulate care for transgender
minors after vetoing House Bill 68, which would have banned all forms of
medical care to transgender minors and banned trans girls and women from
female scholastic sports.
The Ohio House has a session scheduled on Wednesday. GOP lawmakers are
discussing their desire to vote to override the veto. At least 60% of
House members would be required. The bill passed with 64 of 98 votes in
the House.
It’s unclear whether DeWine’s Friday announcement will head off a veto
override.
“I’m not going to get into discussions I’ve had with legislators,” DeWine
said. “I think they know my position. The House is obviously coming back
to vote on this next week. That’s fine. They have a constitutional right
to do that. They will do what they think is best. I’ve stated my
position.”
DeWine said that he vetoed the bill because he had talked to families who
said their children would be dead if not for hormones and puberty blocking
medicine. He said that these difficult decisions should be left to
parents, in consultation with doctors. No gender clinics that DeWine
talked to said they performed surgeries on minors, he said.
The non-emergency rules regarding transgender care that DeWine’s
administration has proposed are:
-To require a multidisciplinary team to support individuals receiving
gender-affirming care, including but not limited to a bioethicist, a
psychiatrist and an endocrinologist.
-To require a comprehensive care plan that includes sufficient informed
consent from patients and, when the patient is a minor, their parents.
This includes discussions of potential risks associated with the treatment
and comprehensive and lengthy mental heath counseling prior to being
considered for any treatment.
-Clinics that offer gender-affirming care must report cases of gender
dysphoria and any subsequent treatments received by the patient. Cases of
the flu, the coronavirus, food poisoning cases, abortions and other health
data are submitted to the state. DeWine said there needs to be aggregated
data on gender-affirming care submitted to the state in a way that
conforms with patient privacy laws. The data can be used by policymakers
and the public to make informed decisions about care.
The Endocrine Society’s Clinical Practice Guidelines say that taking
medicine to suppress puberty is fully reversible and gives youth
experiencing gender incongruence time to explore their options before
undergoing other treatments. Research shows that puberty suppression
improves their mental health and prevents a teen from developing
characteristics such as facial hair and breast growth, the society said.
When adolescents enter puberty and have sufficient mental capacity to give
informed consent – usually around age 16 – clinicians may add hormones,
the Endocrine Society states. Feminizing hormone therapy includes
medications to reduce the level of testosterone, while providing enough
estrogen to allow feminizing to occur. Masculinizing hormone therapy
includes medications that will increase testosterone levels to cause
masculinizing changes to occur. These medicines are only partially
reversible, the society said.
The Endocrine Society’s guidelines say that families should work with a
therapist throughout the process.
DeWine said that his executive order affects fly-by-night clinics. He said
he’s aware of ads in Cincinnati promoting such places.
“I’m concerned that there could be fly-by-night providers, clinics that
might be dispensing medication to adults with no accountability,” he said.
“With what we are announcing today, that will take care of that.”
https://www.cleveland.com/news/2024/01/gov-dewine-signs-executive-order-
banning-transgender-surgery-on-minors.html