Text of OH HB 658 (2018)

As Introduced 132nd General Assembly Regular Session H. B. No. 658 2017-2018 Representatives Brinkman, Zeltwanger A B I L L To enact sections 2131.14, 2131.141, 2131.142, 2131.143, 2131.144, 2131.145, 2131.146, 2131.147, 2131.148, 2131.149, and 2919.30 of the Revised Code to prohibit a court from using a parent, guardian, or custodian's refusal to allow a child to undergo gender-based treatment as a basis for determining custody of the child. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: Section 1. That sections 2131.14, 2131.141, 2131.142, 2131.143, 2131.144, 2131.145, 2131.146, 2131.147, 2131.148, 2131.149, and 2919.30 of the Revised Code be enacted to read as follows: Sec. 2131.14. As used in sections 2131.14 to 2131.149 of the Revised Code: (A) "Gender dysphoria" means the condition of feeling one's emotional and psychological identity as male or female to be opposite to one's biological sex. (B) "Gender dysphoria treatment" includes any of the following used to treat the condition or symptoms of gender dysphoria: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 H. B. No. 658 Page 2 As Introduced (1) Educational materials, classes, or programs; (2) Medical, psychological, social, or other professional treatment, therapy, counseling, or other services. (C) "Government agent or entity" means either of the following: (1) A person who has supervisory authority or care over children as an agent, employee, contractor, or volunteer for a public children services agency, private child placing agency, court, or school district; (2) A public children services agency, private child placing agency, court, or school district. Sec. 2131.141. The parents, guardian, or custodian, in exercising the fundamental right to care for their child, may withhold consent for gender dysphoria treatment or activities that are designed and intended to form a child's conceptions of sex and gender. The state, its agents, and political subdivisions shall not infringe upon or impede the exercise of this right. Sec. 2131.142. (A) It is the policy of this state that the parents, guardian, or custodian of a child retain the right to determine what is in the best interest of the child regarding the following: (1) The child is diagnosed with gender dysphoria. (2) The child exhibits symptoms of gender dysphoria. (3) Whether the child should participate in classes or programs, with or without accompanying educational materials, classes, or programs related to sex and gender. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 H. B. No. 658 Page 3 As Introduced (4) Any counseling, therapy, or treatment provided to the child regarding the child's gender dysphoria. (B) Sections 2131.14 to 2131.149 of the Revised Code shall be liberally construed to effectuate that policy. Sec. 2131.143. If a government agent or entity has knowledge that a child under its care or supervision has exhibited symptoms of gender dysphoria or otherwise demonstrates a desire to be treated in a manner opposite of the child's biological sex, the government agent or entity with knowledge of that circumstance shall immediately notify, in writing, each of the child's parents and the child's guardian or custodian. The notice shall describe the total circumstances with reasonable specificity. Sec. 2131.144. A government agent or entity may authorize or provide gender dysphoria treatment for a child only after receiving the written, informed consent of each of the child's parents and the child's guardian or custodian. Consent, to be valid, shall include a statement that each of the parents and the guardian or custodian received the information described in section 2131.145 of the Revised Code. Sec. 2131.145. In order to obtain written, informed consent under section 2131.144 of the Revised Code, a government agent or entity shall provide full and complete disclosure of all of the following, with regard to the proposed gender dysphoria treatment: (A) Short- and long-term effects of the treatment; (B) A comprehensive review of the safety and efficacy of the treatment, supported by controlled, randomized research; (C) A review of whether relevant agencies have approved 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 H. B. No. 658 Page 4 As Introduced the treatment for the purpose for which it is to be administered. Sec. 2131.146. The parents, guardian, or custodian of a child shall not be subject to adverse action as a result of the refusal to permit gender dysphoria treatment, or refusal to provide written, informed consent for such treatment, for the child, including adverse action under any of the following: (A) Allocation of parental rights and responsibilities regarding the child under section 3109.04 of the Revised Code; (B) A determination of custody by a juvenile court under division (A)(2) of section 2151.23 of the Revised Code; (C) A complaint, adjudication, or disposition that the child is an abused, neglected, or dependent child under Chapter 2151. of the Revised Code. Sec. 2131.147. (A) As used in this section, "off-label" means using a medication for a purpose or in a manner that is contrary to any provision of federal law or regulation that governs the use of that medication. (B) Notwithstanding a written, informed consent provided by the parents, guardian, or custodian, there is a rebuttable presumption of negligence when a medication is administered off- label to a child to treat gender dysphoria or its symptoms and an adverse physical or psychological reaction or injury to the child results. Sec. 2131.148. A person injured for a failure to comply with sections 2131.14 to 2131.149 of the Revised Code may bring an action for damages and equitable relief against the government agent or entity. 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 H. B. No. 658 Page 5 As Introduced Sec. 2131.149. Nothing in sections 2131.14 to 2131.149 of the Revised Code shall be construed to require any person or entity to engage in affirmative acts, or speech, or to affirm any particular viewpoint. Sec. 2919.30. (A) As used in this section, "gender dysphoria treatment" and "government agent or entity" have the same meanings as in section 2131.14 of the Revised Code. (B) No government agent or entity shall purposely or knowingly authorize or provide gender dysphoria treatment for a child without the written, informed consent of each of the child's parents and the child's guardian or custodian, as required in section 2131.144 of the Revised Code. A violation of this section is gender dysphoria treatment without parental consent, a felony of the fourth degree. 104 105 106 107 108 109 110 111 112 113 114 115 116 117