01/25/2024

Recent Override of Two Gubernatorial Vetoes

Gender-Affirming Care

Last week, we provided in-depth coverage of Governor DeWine’s veto of House Bill 68, the gender-affirming care legislation, being overridden by a vote in the Ohio House, as well as information about the regulatory process surrounding the development of new administrative rules regarding gender transition care for Ohioans under the age of 21.

• Update:
  Ohio Senate Votes to Override Gubernatorial Veto of HB 68

  This week, much like in the Ohio House, despite continuous pushback from OSMA and others in the medical community, along with other members of the public, the Ohio Senate returned to the Statehouse and conducted its own vote on the veto override. The override vote passed 24-8 on Wednesday afternoon. As of now, this means that HB 68 will become law in Ohio in 90 days, but it may be challenged in the courts.

• Update:
  OSMA and Coalition Submit Comments on New Proposed Rules on Gender-Transition Care

We also reported last week that the Ohio Department of Health and the Ohio Department of Mental Health and Addiction Services were soliciting public comment on proposed administrative rules concerning gender transition care. These rules were developed as a direct result of an executive order issued by the governor on January 5. In comments submitted by OSMA and several other physician specialty organizations, we shared numerous concerns with the draft rules, and will continue to actively advocate should additional rules to be proposed.

Flavored Tobacco Bans

In addition to their override of the governor’s veto of HB 68, the Ohio Senate unfortunately also voted this week to override a gubernatorial line-item veto from the budget process last year, which specifically prohibits local governments in Ohio from being able to pass ordinances regulating the sale of tobacco, including banning the sale of flavored tobacco. The governor had also previously vetoed a similar measure last year that had passed as a separate bill.

Last summer, OSMA had supported and encouraged the governor’s veto of this language added to the budget bill, due to concerns about youth nicotine use and negative public health impacts of tobacco.

Much like in the case of HB 68, the Ohio House already voted first to override this line-item veto and then it went to the Senate. Now, due to this override by both chambers of the legislature, when the policy goes into effect in 90 days, recently-enacted bans on flavored tobacco sales in cities like Columbus and Worthington in central Ohio will not be able to be enforced.