As Introduced
136th General Assembly
Regular Session H. B. No. 172
2025-2026
Representative Newman
Cosponsors: Representatives Click, Dean, Lear, John, Klopfenstein, Ritter,
Ferguson, Mullins, Mathews, T., Creech, Miller, M., Workman, Salvo, Fowler
Arthur, Williams
To amend sections 2151.461, 3129.03, 3313.473,
3798.07, and 3798.12 and to repeal section
5122.04 of the Revised Code to prohibit the
provision of mental health services to minors
without parental consent.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.461, 3129.03, 3313.473,
3798.07, and 3798.12 of the Revised Code be amended to read as
follows:
Sec. 2151.461. (A) If a child is under the care and
supervision of a residential facility and presents to an
emergency department or is admitted to a hospital for an injury
or mental health crisis, the emergency department or hospital
shall do both of the following:
(1) Communicate with the public children services agency
or private child placing agency with custody of the child about
the visit. Except for care that a child has consented to under
section 2108.31, 2151.85, 2907.29, 3701.242, 3709.241, 3719.012,
or 5120.172, or 5122.04 of the Revised Code, the emergency
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department or hospital shall discuss the child's medical
treatment with and request authorization of care from the
agency.
(2) Notify the agency of the discharge of the child from
the emergency department or hospital.
(B) A public children services agency or private child
placing agency with custody of a child who is under the care and
supervision of a residential facility and presents to an
emergency department or is admitted to a hospital for an injury
or mental health crisis shall respond to the emergency
department or hospital's communication regarding medical care
for the child not later than four hours after initial contact.
Sec. 3129.03. (A) Notwithstanding section 5122.04 of the
Revised Code, no No mental health professional shall diagnose or
treat a minor individual who presents for the diagnosis or
treatment of a gender-related condition without first obtaining
the consent of one of the following:
(1) At least one parent of the minor individual;
(2) At least one legal custodian of the minor individual;
(3) The minor individual's guardian.
(B) No mental health professional shall diagnose or treat
a minor individual who presents for the diagnosis or treatment
of a gender-related condition without screening the minor
individual for both of the following during the course of
diagnosis and treatment:
(1) Other comorbidities that may be influencing the minor
individual's gender-related condition, including depression,
anxiety, attention deficit hyperactivity disorder, autism
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spectrum disorder, and other mental health conditions;
(2) Physical, sexual, mental, and emotional abuse and
other traumas.
Sec. 3313.473. (A) The general assembly maintains that a
parent has a fundamental right to make decisions concerning the
upbringing, education, and care of the parent's child.
(B) Not later than the first day of July following the
effective date of this section April 9, 2025, the board of
education of each city, local, exempted village, and joint
vocational school district shall develop and adopt a policy to
promote parental involvement in the public school system. The
policy shall require a school district to do all of the
following:
(1)(a) Ensure that any sexuality content is age-
appropriate and developmentally appropriate for the age of the
student receiving the instruction, regardless of the age or
grade level of the student.
(b) Prior to providing instruction that includes sexuality
content or permitting a third party to provide such instruction
on behalf of the district, provide parents the opportunity to
review any instructional material that includes sexuality
content. Upon request of the student's parent, a student shall
be excused from instruction that includes sexuality content and
be permitted to participate in an alternative assignment.
(2) Promptly notify a student's parent of any substantial
change in the student's services, including counseling services,
or monitoring related to the student's mental, emotional, or
physical health or well-being or the school's ability to provide
a safe and supportive learning environment for the student. The
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policy shall specify in what manner a student's parent will be
notified of any substantial change in the student's services.
The policy shall specify that notice to parents shall
reinforce the fundamental right of parents to make decisions
regarding the upbringing and control of their children, and that
the school district shall not inhibit parental access to the
student's education and health records maintained by the school.
(3) Prohibit school district personnel from directly or
indirectly encouraging a student to withhold from a parent
information concerning the student's mental, emotional, or
physical health or well-being, or a change in related services
or monitoring.
The policy shall prohibit school district personnel from
discouraging or prohibiting parental notification of and
involvement in decisions affecting a student's mental,
emotional, or physical health or well-being.
(4) Adopt a procedure to obtain authorization from parents
prior to providing any type of health care service to the
student, including physical, mental, and behavioral health care
services. Under the procedure, a parent may choose whether to
authorize a district to provide a health care service to the
parent's child. The procedure shall require the school district
to do both of the following:
(a) At the beginning of the school year, notify parents of
each health care service offered at, or facilitated in
cooperation with, their student's school and their option to
withhold consent or decline any specified service. Parental
consent to health care services does not waive the parent's
right to access the parent's student's educational or health
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records or to be notified about a change in the student's
services or monitoring as provided in this section.
(b) Prior to providing a health care service to a student,
notify a parent whether the service is required to be provided
by the school district under state law and if other options for
a student to access the service exist. This requirement may be
satisfied by an annual notice to parents at the beginning of the
school year.
Division (B)(4) of this section does not apply to
emergency situations, first aid, other unanticipated minor
health care services, or health care services provided pursuant
to a student's IEP or a school district's obligation under
section 504 of the "Rehabilitation Act of 1973," 29 U.S.C. 794.
(5) Permit a parent to file with a school principal or
assistant principal a written concern regarding a topic
addressed in this section. The policy shall establish a process
for a principal or assistant principal to resolve such concerns
within thirty days after their receipt. Under the policy, school
districts shall notify parents of their right to file a written
concern. A parent may appeal a principal's or assistant
principal's decision to the superintendent of that district.
If a parent appeals the principal's or assistant
principal's decision, the superintendent, or a designee of the
superintendent, shall conduct a hearing on the decision. Based
on the findings of that hearing, the superintendent shall decide
whether to affirm the principal's or assistant principal's
decision. If the superintendent does not affirm the decision,
the superintendent shall determine a resolution to the parent's
concern. A parent may appeal the superintendent's decision to
the board of education of the school district. The board shall
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review the superintendent's decision and, if the board
determines it necessary, hold a hearing on the decision and,
based on that hearing, either affirm the superintendent's
decision or determine a new resolution to the parent's concern.
Nothing in division (B)(5) of this section shall prevent a
parent from contacting a member of a board of education
regarding the parent's concerns with the operation of a school
under the supervision of that board.
(C) Each school district shall make its policy adopted
under this section publicly available and post it prominently on
its publicly accessible web site, if it has one.
(D) This section does not prescribe all rights of parents
or preempt or foreclose claims or remedies in support of
parental rights that are available under the constitution,
statutes, or common law of this state.
(E) No school district or third party acting on behalf of
a district shall provide instruction that includes sexuality
content to students in grades kindergarten through three.
(F)(1) Nothing in this section shall require disclosure or
activity that is in conflict with or in violation of any of the
following:
(a) The HIPAA privacy rule;
(b) Chapter 3798. of the Revised Code;
(c) Section 2317.02, or 4732.19, or 5122.04 of the Revised
Code;
(d) The "Family Educational Rights and Privacy Act of
1974," 20 U.S.C. 1232g;
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(e) Ohio Constitution, Article I, Section 10a and any laws
enacted to implement that section, including sections 2930.07
and 2930.10 of the Revised Code.
(2) Nothing in this section requires disclosure or
activity in violation of any court order, including any of the
following:
(a) A condition of bond;
(b) A protection order or consent agreement issued
pursuant to section 2151.34, 2903.213, 2903.214, 2919.26, or
3113.31 of the Revised Code;
(c) A condition of a community control sanction, post-
release control sanction, or parole.
(3) Nothing in this section requires disclosure or
activity in violation of a specific request for nondisclosure
made pursuant to a criminal investigation or grand jury subpoena
in which the student is the victim and a parent is the alleged
perpetrator.
(4) Nothing in this section prohibits or prevents
mandatory reporting under section 2151.421 of the Revised Code.
(5) Nothing in this section prohibits or limits the career
and academic mentoring and counseling between teachers and
students in the regular course of the school day.
(G) As used in this section:
(1) "Biological sex" means the biological indication of
male and female, including sex chromosomes, naturally occurring
sex hormones, gonads, and unambiguous internal and external
genitalia present at birth, without regard to an individual's
psychological, chosen, or subjective experience of gender.
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(2) "HIPAA privacy rule" has the same meaning as in
section 3798.01 of the Revised Code.
(3) "IEP" has the same meaning as in section 3323.01 of
the Revised Code.
(4) "Parent" has the same meaning as in section 3313.98 of
the Revised Code.
(5) "Sexuality content" means any oral or written
instruction, presentation, image, or description of sexual
concepts or gender ideology provided in a classroom setting.
"Sexuality content" does not mean any of the following:
(a) Instruction or presentations in sexually transmitted
infection education, child sexual abuse prevention, and sexual
violence prevention education provided under division (A)(5) of
section 3313.60 or section 3314.0310 or 3326.091 of the Revised
Code;
(b) Instruction or presentations in sexually transmitted
infection education emphasizing abstinence provided under
section 3313.6011 of the Revised Code;
(c) Incidental references to sexual concepts or gender
ideology occurring outside of formal instruction or
presentations on such topics, including references made during
class participation and in schoolwork.
(6) "Student's mental, emotional, or physical health or
well-being" includes, at a minimum, any of the following:
(a) A student's academic performance;
(b) Any significant sickness or physical injury, or any
psychological trauma suffered by a student;
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(c) Any harassment, intimidation, or bullying, as defined
in section 3313.666 of the Revised Code, by or against a student
in violation of school district policy;
(d) Any request by a student to identify as a gender that
does not align with the student's biological sex;
(e) Exhibition of suicidal ideation or persistent symptoms
of depression, or severe anxiety, or other mental health issues.
(7) "Age-appropriate" and "developmentally appropriate"
content refers to activities or items that are generally
accepted as suitable for children of the same chronological age
or level of maturity or that are determined to be
developmentally appropriate for a child, based on the
development of cognitive, emotional, physical, and behavioral
capacities that are typical for an age or age group.
Sec. 3798.07. (A) A covered entity shall be subject to the
following conditions when it discloses protected health
information to a health information exchange:
(1) The covered entity shall restrict disclosure
consistent with all applicable federal laws governing the
disclosure.
(2) If the protected health information concerns a minor,
the covered entity shall restrict disclosure in a manner that
complies with laws of this state pertaining to the circumstances
under which a minor may consent to the minor's own receipt of
health care or make medical decisions on the minor's own behalf,
including sections 2907.29, 3709.241, 3719.012, 5120.172,
5122.04, and 5126.043 of the Revised Code unless the minor
authorizes the disclosure.
(3) The covered entity shall restrict disclosure in a
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manner that is consistent with a written request from the
individual or the individual's personal representative to
restrict disclosure of all of the individual's protected health
information.
(B) The conditions in division (A) of this section on a
covered entity's disclosure of protected health information to a
health information exchange do not render unenforceable or
restrict in any manner any of the following:
(1) A provision of the Revised Code that on September 10,
2012, requires a person or governmental entity to disclose
protected health information to a state agency, political
subdivision, or other governmental entity;
(2) The confidential status of proceedings and records
within the scope of a peer review committee of a health care
entity as described in section 2305.252 of the Revised Code;
(3) The confidential status of quality assurance program
activities and quality assurance records as described in section
5122.32 of the Revised Code;
(4) The testimonial privilege established by division (B)
of section 2317.02 of the Revised Code;
(5) Any of the following items that govern the
confidentiality, privacy, security, or privileged status of
protected health information in the possession or custody of an
agency as defined in section 111.15 of the Revised Code; govern
the process for obtaining from a patient consent to the
provision of health care or consent for participation in medical
or other scientific research; govern the process for determining
whether an adult has a physical or mental impairment or an
adult's capacity to make health care decisions for purposes of
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Chapter 5126. of the Revised Code; or govern the process for
determining whether a minor has been emancipated:
(a) A section of the Revised Code that is not in this
chapter;
(b) A rule as defined in section 119.01 of the Revised
Code;
(c) An internal management rule as defined in section
111.15 of the Revised Code;
(d) Guidance issued by an agency as defined in section
111.15 of the Revised Code;
(e) Orders or regulations of a board of health of a city
health district made under section 3709.20 of the Revised Code;
(f) Orders or regulations of a board of health of a
general health district made under section 3709.21 of the
Revised Code;
(g) An ordinance or resolution adopted by a political
subdivision;
(h) A professional code of ethics;
(i) When a minor is authorized to consent to the minor's
own receipt of health care or make medical decisions on the
minor's own behalf, including the circumstances described in
sections 2907.29, 3709.241, 3719.012, 5120.172, 5122.04, and
5126.043 of the Revised Code.
Sec. 3798.12. As used in this section, "agency" has the
same meaning as in section 111.15 of the Revised Code.
(A) Except as provided in division (B) of this section,
any of the following pertaining to the confidentiality, privacy,
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security, or privileged status of protected health information
transacted, maintained in, or accessed through a health
information exchange is unenforceable if it conflicts with this
chapter:
(1) A section of the Revised Code that is not in this
chapter;
(2) A rule as defined in section 119.01 of the Revised
Code;
(3) An internal management rule as defined in section
111.15 of the Revised Code;
(4) Guidance issued by an agency;
(5) Orders or regulations of a board of health of a city
health district made under section 3709.20 of the Revised Code;
(6) Orders or regulations of a board of health of a
general health district made under section 3709.21 of the
Revised Code;
(7) An ordinance or resolution adopted by a political
subdivision;
(8) A professional code of ethics.
(B) Division (A) of this section does not render
unenforceable or restrict in any manner any of the following:
(1) A provision of the Revised Code that on the effective
date of this section September 10, 2012, requires a person or
governmental entity to disclose protected health information to
a state agency, political subdivision, or other governmental
entity;
(2) The confidential status of proceedings and records
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within the scope of a peer review committee of a health care
entity as described in section 2305.252 of the Revised Code;
(3) The confidential status of quality assurance program
activities and quality assurance records as described in section
5122.32 of the Revised Code;
(4) The testimonial privilege established by division (B)
of section 2317.02 of the Revised Code;
(5) An item described in divisions (A)(1) to (8) of this
section that governs any of the following:
(a) The confidentiality, privacy, security, or privileged
status of protected health information in the possession or
custody of an agency;
(b) The process for obtaining from a patient consent to
the provision of health care or consent for participation in
medical or other scientific research;
(c) The process for determining whether an adult has a
physical or mental impairment or an adult's capacity to make
health care decisions for purposes of Chapter 5126. of the
Revised Code;
(d) The process for determining whether a minor has been
emancipated.
(6) When a minor is authorized to consent to the minor's
own receipt of health care or make medical decisions on the
minor's own behalf, including the circumstances described in
sections 2907.29, 3709.241, 3719.012, 5120.172, 5122.04, and
5126.043 of the Revised Code.
Section 2. That existing sections 2151.461, 3129.03,
3313.473, 3798.07, and 3798.12 of the Revised Code are hereby
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repealed.
Section 3. That section 5122.04 of the Revised Code is
hereby repealed.
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