Notice of Public Rules Hearing
March 21, 2024
11:30pm - 1:00pm
In accordance with Chapter 119 of the Revised Code (R.C.), the Director of the Ohio Department of Health announces a Public Hearing at the date and time listed above to hear comments regarding the following action:
Gender Transition Quality Standards and Reporting
3701-3-17
Requires health care providers to report information to ODH about the diagnosis and treatment of gender-related conditions. The rule also requires ODH to share aggregate data collected from the aforementioned information with the Ohio General Assembly on or before January 31st and July 31st of each calendar year.
3701-59-06
Prohibits hospitals from providing gender reassignment surgery, genital gender reassignment surgery, or any direct or indirect referral for such procedures for such procedures to any minor individual with certain exceptions.
3701-59-07
Establishes the quality standards for gender transition treatment at hospitals, which include children’s hospitals. Hospitals may not provide to minor individuals any pharmacologic treatment such as the prescription of drugs or hormones for the purpose of treating a gender-related condition or assisting with gender transition except under such standards. The standards include, but are not limited to, employing or having available for referral a mental health care professional, employing or having available for referral a medical specialty board-certified endocrinologist, and maintaining a multi-disciplinary care plan that contains certain information. The rule prohibits hospitals from providing these services to a minor individual unless the individual first receives comprehensive mental health counseling and evaluation over a period of at least six months by a mental health professional.
3701-83-60
Prohibits health care facilities from providing gender reassignment surgery, genital gender reassignment surgery, or any direct or indirect referral for such procedures for such procedures to any minor individual, with certain exceptions.
3701-83-61
Establishes the quality standards for gender transition treatment at health care facilities, which include ambulatory surgical facilities, freestanding dialysis centers, freestanding inpatient rehabilitation facilities, freestanding birthing centers, freestanding radiation therapy centers, and freestanding or mobile diagnostic imaging centers. Health care facilities may not provide to minor individuals any pharmacologic treatment such as the prescription of drugs or hormones for the purpose of treating a gender-related condition or assisting with gender transition except under such standards. The standards include, but are not limited to, employing or having available for referral a mental health care professional, employing or having available for referral a medical specialty board-certified endocrinologist, and maintaining a multi-disciplinary care plan that contains certain information. The rule prohibits health care facilities from providing these services to a minor individual unless the individual first receives comprehensive mental health counseling and evaluation over a period of at least six months by a mental health professional.
3701:1-38
Provides for the inspection of radiation-generating equipment (RGE) by the Director of ODH and the fees to be paid by the handlers of such equipment. Three appendices outlining the specific inspection schedules and fees for handlers of RGE are also provided. Originally submitted as a no-change rule, the rule was amended after the CSI public comment period when it was discovered that a citation in one of the appendices needed to be updated.
Hearing and Contact Information: Information about the hearing, people affected by the proposed action may appear via teleconference and be heard or in tandem with an attorney. They may present their positions, arguments, or contentions orally or in writing; may offer witnesses; and may present evidence showing that the proposed rule, if adopted or effectuated, will be unreasonable or unlawful. To aid in getting the call to be organized and go as smooth as possible, any persons intending to testify on the tele-Public Hearing or planning to observe are encouraged to email Alicyn.Carrel@odh.ohio.gov immediately.
Please include in the subject of your email – TESTIFYING IN PUBLIC HEARING and the DATE of the Public Hearing in which you are testifying.
Copies of the proposed rules will be available on the Register of Ohio website: http://www.registerofohio.state.oh.us/rules/search approximately one day after the rule is filed, or from the Office of the General Counsel, Ohio Department of Health (https://odh.ohio.gov/health-rules-laws-and-forms)
Meeting Call-In Information:
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