Ohio Administrative Code
Title 3701 - Department of Health - Administration and Director
Chapter 3701-59 - Hospitals
Section 3701-59-06 - Hospital quality standards for gender reassignment surgery and genital gender reassigment surgery for minors
Universal Citation: OH Admin Code 3701-59-06
Current through all regulations passed and filed through September 16, 2024
(A) As used in this rule:
(1)
"Biological sex," "Birth sex," and "sex" mean the biological
indication of male and female, including sex chromosomes, naturally occurring
sex hormones, gonads, and nonambiguous internal and external genitalia present
at birth, without regard to an individual's psychological, chosen, or
subjective experience of gender.
(2)
"Gender
reassignment surgery" means any surgery performed for the purpose of assisting
an individual with gender transition that seeks to surgically alter or remove
healthy physical or anatomical characteristics or features that are typical for
the individual's biological sex, in order to instill or create physiological or
anatomical characteristics that resemble a sex different from the individual's
birth sex, including genital or non-genital gender reassignment
surgery.
(3)
"Gender transition" means the process in which an
individual goes from identifying with and living as a gender that corresponds
to his or her biological sex to identifying with and living as a gender
different from his or her biological sex, including social, legal, or physical
changes.
(4)
"Genital gender reassignment surgery" means surgery
performed for the purpose of assisting an individual with gender transition and
includes both of the following:
(a)
Surgeries that sterilize, such as castration,
vasectomy, hysterectomy, oophorectomy, orchiectomy, and penectomy;
or
(b)
Surgeries that artificially construct tissue with the
appearance of genitalia that differs from the individual's biological sex, such
as metoidiplasty, phalloplasty, and vaginoplasty.
(B) It is impermissible for gender reassignment surgery or genital gender reassignment surgery or any direct or indirect referral for such procedures to be provided at a hospital to any minor individual.
(1)
"Direct or
indirect referral" includes, but is not limited to, in any way facilitating
such care at another facility or providing any resources or information on
where or how to receive such care.
(C) This rule does not prohibit treating, including by performing surgery on or prescribing drugs or hormones for, a minor individual who meets any of the following:
(1)
Was born with a
medically verifiable disorder of sex development, including an individual with
external biological sex characteristics that are irresolvably ambiguous, such
an as individual born with forty-six XX chromosomes with virilization,
forty-six XY chromosomes with undervirilization, or having both ovarian and
testicular tissue;
(2)
Received a diagnosis of a disorder of sexual
development, in which a physician has determined through genetic or biochemical
testing that the individual does not have normal sex chromosome structure, sex
steroid hormone production, or sex steroid hormone action for a biological male
or biological female;
(3)
Needs treatment for any infection, injury, disease, or
disorder that has been caused or exacerbated by the performance of gender
transition services, whether or not the services were performed in accordance
with state or federal law.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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