Ohio’s proposed anti-trans rules are not just hate-filled; they’re an administrative nightmare [COMMENTARY]

The wheels of government turn slowly. 

Ohio lawmakers recently passed House Bill (HB) 68, banning healthcare for transgender youth and barring transgender girls from participating in sports from kindergarten through college.

In December, Gov. “NoSpine” DeWine vetoed the bill, but lawmakers returned from recess in January and voted to override the veto.

The law, which contains draconian restrictions on gender-affirming care for trans minors, will go into effect on April 25. 

Several organizations have said they’ll be filing lawsuits. We’re all waiting, hoping the courts will stay the law and protect the kids.

But HB 68 does not stand in a vacuum. 

Various Ohio agencies and boards need to figure out what it means and how it will be applied. The law is firmly rooted in blind hate, not science or logic, so it is very poorly written. There are truck-size loopholes and wording that is virtually meaningless. It will be an administrative mess. (More on that another time.) 

But when DeWine vetoed HB 68, he also ordered the Ohio Department of Health to draft a new set of rules “regulating” transgender healthcare in the state. 

ODH released preliminary drafts of the five rules. Four of the rules were written to radically restrict care for transgender adults and kids. Over 6,000 people sent comments; ODH leaders held listening sessions with doctors and psychologists who provide care. All of our voices were effective. In a second draft, the four rules dropped all restrictions for adults and had more reasonable rules for minors. 

All four rules proposed by the governor have issues, but ODH is accepting a new round of written comments and testimony. 

Reporting regulation is a logistics nightmare

Rule 3701-3-17, Reporting Gender-Related Conditions, Diagnosis, and Gender Transition Care, is scary and has not received enough attention. I will try to break it down.

The rule has five sections. The first is a list of definitions. The last says collected data must be stripped of information that could identity a specific patient.

The middle three sections (B), (C), and (D), are terrifying.

Section (B) is an unfunded mandate for data collection. It adds a significant burden for doctors, demanding they do detailed reports on every single patient visit and report the information within 30 days of each patient visit.

For some physicians, depending on their schedule, that could mean 15 to 20 reports a day, five days a week – between 300 and 400 extra reports a month. Unpaid.

But wait, it gets worse. 

Section (C) lists information that must be collected and reported. The state wants to know age at time of diagnosis and at every stage of treatment.

They want to know about “cessation of treatment” without considering any real-world reasons a patient might not return to a clinic for care. Some people will decide to detransition and stop hormones. Others lost insurance and can’t afford care. Or changed insurance coverage and go to another clinic. Or moved and are getting care in another city.

Clinics do not surveil patients. They don’t track people, tracing movements or demand explanations for missed appointments or changing providers.

ODH also wants “specific information about the nature of any diagnosis or the type of treatment being provided including, but not limited to, the names of any drugs or hormones.” 

Remember, all this detailed reporting is extra work the state is not paying for. They’re demanding information without any context that would support better care. They are not tracking outcomes or changes or patient satisfaction over time. They just demand to know exactly when patients see their doctor, what treatments are given and how often.

Those unfunded demands for that much extra work will cause some doctors to drop trans patients because of the uncompensated additional time required for every visit.

The religious-political complex

And then it gets even worse!

Section (D) is the most disturbing part. It says all data reported to ODH will be forwarded to “the General Assembly and the public on or before January 31 and July 31 of each year.”

They are not having the data reported to a respected research institution. They are not funding the work or adding expertise. There will be no evaluation or interpretation of data to expand knowledge and improve care.

Instead, a government agency is demanding information to give to the legislature dominated by politicians openly partnered with extremist groups in a religious-political-complex built on hate and sadism. The political intention is absolutely and unquestionably malicious.

Call to action

The Department of Health is taking comments on these regulations until March 21. They need to understand that 3701-3-17, Reporting Gender-Related Conditions, Diagnosis, and Gender Transition Care, is dangerous to citizens of Ohio. It contributes nothing positive and opens a channel for mischief and propaganda.

Please, write a letter objecting. Tell them why it is bad. Tell them it is not research and will not benefit the health or welfare of any Ohio citizen. Tell them this regulation only helps those who will use it to cause harm. Demand they totally rescind this regulation.

You can testify via Teams on March 21, or you can send written testimony ahead of time. Email Alicyn.Carrel@odh.ohio.gov to sign up to testify or to send your written comments. 

Remember, you’re writing to working people doing a job handed to them. Their politically motivated bosses are the enemy; not these folks. Be polite but very firm, persuasive and informative.

Finally, plan to attend and witness the hearing: Click here to join the meeting (Meeting ID: 249 987 672 891 Passcode: CodQw9)

Take action.

Write the letter.

Attend the hearing.

Make a stand. 

Hope is a discipline. 🔥