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. 2024;52(4):950-952.
doi: 10.1017/jme.2024.170. Epub 2025 Jan 31.

State-Mandated Ethics Oversight Is Inappropriate for Gender-Affirming Care

Hilary Mabel  1 , Laura Guidry-Grimes  2 , Lauren R Sankary  3
Affiliations

State-Mandated Ethics Oversight Is Inappropriate for Gender-Affirming Care

Hilary Mabel et al. J Law Med Ethics. 2024.

Abstract

A proposed state administrative rule would have required medical ethicists to approve certain aspects of gender-affirming care. The authors argue the proposed rule lacked appropriate justification compared to other instances of state-mandated ethics oversight and would undermine trust, raise practical challenges, and send harmful messages to society, patients, and providers.

Keywords: Ethicist; Ethics Oversight; Gender-Affirming Care; Legal Mandate; State Law.

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References

    1. “Memo with Proposed Rules 3701-3-17, 3701-59-07 & 3701-83-61,” Ohio Department of Health, January 5, 2024, on file with authors.
    1. Many people interpreted these proposed rules as requiring an ethicist to review each individual patient’s plan of care. The state issued a memo when it removed the medical ethicist requirement that stated, “A point of confusion existed surrounding the review of care plans by a medical ethicist. The requirement … was never applicable to individual patient care plans but rather provider operations. However, to alleviate confusion and because of assurances from healthcare leaders that providers already appropriately engage medical ethics professionals in this type of care, the … requirement has been removed.” “Memo: Response to Public Comment to Gender-Related Care Rules,” Ohio Department of Health, February 7, 2024, https://odh.ohio.gov/wps/wcm/connect/gov/9b217d95-bcc9-483f-8771-f4786bb... (last visited October 21, 2024).
    1. L. Dawson and J. Kates, “Policy Tracker: Youth Access to Gender-Affirming Care and State Policy Restrictions,” KFF, https://www.kff.org/other/dashboard/gender-affirming-care-policy-tracker/ (last visited October 21, 2024).
    1. A. DeMillo and H. Schoenbaum, “Efforts to Restrict Transgender Health Care Endure in 2024, with More Adults Targeted,” PBS News, https://www.pbs.org/newshour/politics/efforts-to-restrict-transgender-he... (last visited October 21, 2024).
    1. J. McMillan, K. Harjai, and K. Kruesi, “Many Transgender Health Bills Came from a Handful of Far-Right Interest Groups, AP Finds,” Associated Press, https://apnews.com/article/transgender-health-model-legislation-5cc4a7cb... (last visited October 21, 2024).

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