Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

Parental Approval Mandate for Diagnosing Gender-Related Conditions in Minors under Ohio House Bill 68

Client Alert
September 4, 2024

Effective August 6, 2024, mental health professionals cannot diagnose or treat a minor presenting with a gender-related condition without first obtaining consent from one of the minor's parents, a legal custodian, or a guardian. The law, established by Ohio House Bill 68 (HB 68) and recently upheld by a Franklin County Common Pleas Court judge, imposes stringent requirements on the process that must be followed in these cases.

This mandate applies to a wide range of professionals, including advanced practice registered nurses (APRNs) specializing in psychiatric-mental health, psychiatrists, psychologists, licensed social workers, counselors, and marriage and family therapists.

HB 68 defines a “gender-related condition” broadly to include any situation where an individual feels an incongruence between their gender identity and biological sex, with gender dysphoria being the most commonly recognized condition. Before addressing any gender-related condition, mental health professionals are required by law to first screen the minor for other comorbidities, including depression, anxiety, ADHD, and autism spectrum disorder. Additionally, professionals must assess the minor for signs of physical, sexual, mental, or emotional abuse, as well as other traumas that might be influencing the gender-related condition.

In other words, providers must account for the order of operations required by HB 68 (diagnosing gender conditions last) and parents/guardians need to fully consent to that plan of action. If providers do not take both steps, then they are considered to be engaging in “unprofessional conduct” that could subject them to discipline by their professional licensing board.

If you have any questions regarding HB 68 or would like assistance ensuring your policies and procedures comply with the new law or any of its provisions, please contact BMD Healthcare Member Daphne Kackloudis at dlkackloudis@bmdllc.com or Attorney Jordan Burdick at jaburdick@bmdllc.com.

Health LawHealthcare PolicyMental HealthDaphne KackloudisJordan Burdick
Client Alert

CARES Act Changes Rules Governing Retirement Plans

March 30, 2020Among the many other provisions of the CARES Act are those impacting retirement plans (including 401(k)s, profit sharing plans, and IRAs) in order to provide an influx of cash to struggling employees.Client Alert

State of Ohio & Cities Extend Tax Filing Deadline

March 30, 2020On March 27, Governor DeWine signed a bill passed by the legislature to provide tax relief to Ohio taxpayers.Client Alert

Paycheck Protection - Designed to Offer Small Business Owners Relief Over the Next Few Weeks

March 30, 2020The CARES Act is a massive piece of legislation. The emergency loan or Paycheck Protection provisions are one component designed to assist small businesses and keep them afloat during the current crisis. The emergency loans will be made under the United States Small Business Administration (SBA) and are simply an expansion of its already existing 7(a) loan program. The loan process will be administered by the SBA through its local lending partners or approved SBA lenders. Over the next several days it is expected that the actual loan process will be further detailed by the SBA so that loans can be quickly processed.Client Alert

Department of Labor Adds Q&A to FFCRA Guidance: Provider & Emergency Responder Leave Exceptions

March 30, 2020Employer Alert: Excluding healthcare providers and emergency responders from the mandatory paid leave provisions of the Families First Coronavirus Response Act (“FFCRA”), Emergency Family and Medical Leave Expansion Act (“EFMLEA”), and the Emergency Paid Sick Leave Act (“EPSLA”)Client Alert

FFCRA Amnesty, the CARES Act Paycheck Protection Program & the Small Business Viability Exemption Provide Options for Employers

March 30, 2020Over the past few days, employers have received options beyond terminating employees (RIFs, layoffs, furloughs, temporary terminations, etc.) in response to COVID-19 and leave concerns.
Older posts
Newer posts