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Ohio Appellate Court Rules in Favor of Gender-Affirming Care

Client Alert
March 19, 2025

On Tuesday, March 18, 2025, the 10th District Court of Appeals in Franklin County ruled that House Bill (HB) 68’s restrictions on the provision of puberty blockers and hormones to minors seeking gender-affirming care violates the Health Care Freedom Amendment to the Ohio Constitution and therefore, are not enforceable in Ohio.

According to the 10th District, banning prescription drugs (including puberty blockers and hormones) interferes with parents’ rights to care for their children and prohibits parents from accessing for their minor children and deciding on medical treatment that follows the standards of care and professional guidelines accepted in the medical community to treat gender-related conditions.

The case, Moe v. Yost, has been remanded back to the Franklin County Court of Common Pleas. Ohio Attorney General Dave Yost has explicitly indicated that his office will appeal the ruling.

HB 68 became effective in August 2024 and broadly, prevents minors from accessing gender-affirming care (including hormone blockers, hormone replacement therapy (HRT), and some mental health services) without first being assessed for other comorbidities, including depression, anxiety, ADHD, and autism spectrum disorder, as well as for signs of physical, sexual, mental, or emotional abuse, and other traumas.

BMD previously drafted a client alert on HB 68, available here.

If you have any questions regarding this ruling, or HB 68 generally, please contact BMD Healthcare Member Daphne Kackloudis at dlkackloudis@bmdllc.com or Attorney Jordan Burdick at jaburdick@bmdllc.com.

Health LawHealthcareHealth Care Freedom AmendmentDaphne KackloudisJordan Burdick
Client Alert

Department of Education Proposes Redefinition of “Professional Degree,” Excluding Nursing and Limiting Graduate Loan Borrowing

February 20, 2026The U.S. Department of Education has issued a Notice of Proposed Rulemaking that would redefine “professional degree” programs under the One Big Beautiful Bill Act. The proposal excludes nursing from the recognized list and would impose new borrowing limits for graduate students while eliminating the Grad PLUS program. Public comments are due by March 2, 2026.Client Alert

First-of-Its-Kind Federal Ruling Finds Use of Consumer AI Tool May Destroy Attorney-Client Privilege

February 17, 2026On February 10, 2026, Judge Jed Rakoff of the U.S. District Court for the Southern District of New York issued a first-of-its-kind ruling finding that documents generated by a criminal defendant using a consumer AI platform were not protected by attorney-client privilege after being shared with counsel. The court treated the AI tool as a third party, concluding that entering sensitive information into a publicly available platform may waive confidentiality. The ruling also suggests that the work product doctrine may not apply where AI-generated materials are created independently by a client rather than at counsel’s direction. The decision signals that parties should exercise caution when using consumer AI tools in connection with legal matters.Client Alert

Your Golden Chance for H-1B Lottery Registration - March 2026

February 16, 2026USCIS H-1B registration opens March 4–19, 2026. U.S.-based employees on valid nonimmigrant status are exempt from the $100,000 fee for change of status petitions. The new weighted lottery favors higher-skilled and higher-paid employees, improving odds for advanced degree holders and Wage Level 3 or 4 workers.Client Alert

Invisible Algorithms: The Hidden Role of Artificial Intelligence in USCIS Immigration Processing

February 10, 2026The Department of Homeland Security has confirmed that artificial intelligence and machine learning tools are now integrated into numerous operational functions within U.S. Citizenship and Immigration Services (USCIS). These tools are described as mechanisms to improve efficiency, reduce backlogs, and assist officers in managing an unprecedented volume of applications. DHS emphasizes that human adjudicators retain decision-making authority and that AI systems do not independently grant or deny immigration benefits. Find out how AI affects the U.S. immigration process.Client Alert

OAAPN | Year In Review: 2026 Ohio Board of Nursing and Ohio Law Rules

February 9, 2026Find out key changes to Ohio law and the Ohio Board of Nursing rules that have directly impacted APRN practice over the past year, including Psychiatric Inpatient Documents, Intimate Examinations, Signature Authority, Duties Related to Fetal Death, Retail IV Therapy Clinics, Release from Permanent Restrictions, Disciplinary Action, Course on Drugs and Prescriptive Authority, Overdose Reversal Drugs, Office Based Opioid Treatment, Withdrawal Management for Substance Use Disorder, Safe Haven Program, and more.
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