HB 68 Update: What the most recent decision from the 10th District Court of Appeals means for behavioral health providers right now

Summary: HB 68 is still in effect as of this moment, though some parts may be paused or stopped soon. This ruling is great news, but it’s essential to learn more and stay tuned!

The 10th District Court of Appeals has partially overturned HB 68, Ohio’s ban on gender-affirming care for LGBTQ+ youth. We are thrilled that their decision supports the rights of youth to access safe, ethical, and necessary healthcare without discrimination. However, there is much nuance about what this means or could mean for gender-affirming care for minors in Ohio. This is still evolving, and things change rapidly, but here are some key pieces of information based on our current understanding of this ruling and its status.

• An injunction on the enforcement of HB 68 has not yet been issued as a result of this ruling, though the Appeals Court has ordered the trial court to impose a permanent injunction. This means that, as of this moment, HB 68 is still in effect. The State of Ohio’s appeal to the Supreme Court could potentially impact whether or not an injunction will occur.

• Unfortunately, the entire content of HB 68 was not overturned. The section impacting mental healthcare access and confidentiality regulations from HB 68 was not affected by the 10th District Court’s ruling. Thus, these regulations are still in effect and will remain in effect even if an injunction is placed on HB 68 based on the 10th District Court's ruling. This news deeply saddens us, and we hold fast to our commitment to support and protect transgender and gender-diverse youth.

We encourage all behavioral health providers to follow along closely with NASW Ohio, as we will continue to provide clarification and guidance as things evolve or if our understanding changes.

If you are a behavioral health provider working with youth, understanding the rapidly changing policies regulating your practice with minors is essential to protect yourself and your minor clients.

NASW Ohio has practice guidance, resources, and training on HB 68 and HB 8 to support behavioral health providers. Resources and upcoming training details can be accessed at naswoh.org/practiceguidance