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Parental Consent May Soon Be Required for Minor Mental Health Services in Ohio

Client Alert
June 25, 2025

HB 172 seeks to repeal ORC Section 5122.04, which permits mental health professionals to provide outpatient mental health services to minors ages fourteen (14) or older without parent/guardian knowledge or consent. Under current Ohio law, minors can consent to no more than six (6) sessions or thirty (30) days of mental health services, whichever occurs sooner. The repeal would require parental consent for minors ages fourteen (14) or older to receive outpatient mental health services.

HB 172 also seeks to remove language from ORC Section 3129.03 referencing ORC Section 5122.04 which, under the bill, would now mandate parent/guardian consent in all situations when a mental health professional is diagnosing or treating a gender-related condition without the existence of any statutory exception. Eliminating ORC Section 5122.04 would compromise the confidentiality of a minor’s protected health information by allowing their parents to access information related to utilization of mental health services. HB 172 had its first hearing in the House Health Committee on May 21, 2025.

Please contact BMD Healthcare Member Daphne Kackloudis at dlkackloudis@bmdllc.com or Attorney Jordan Burdick at jaburdick@bmdllc.com with any questions you may have regarding the potential impacts from this policy change.

Health LawHealthcareMental HealthDaphne KackloudisJordan Burdick
Client Alert

RNs and APRNs Take Note: Ohio Board of Nursing Mandates a New CE Reporting Period

April 29, 2026Ohio’s Board of Nursing has updated the continuing education reporting period for RNs and APRNs. Beginning March 26, 2026, CE credits must be completed between July 1 and June 30 of odd-numbered years, replacing the previous November to October timeframe.Client Alert

Ohio Med Spas: Peptide Do's and Do Not's

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Substance Use Disorder Providers: 42 CFR Part 2 Now Enforceable

April 15, 2026Updates to 42 CFR Part 2 are now enforceable, bringing significant changes to how substance use disorder (SUD) records are handled. The Final Rule aligns Part 2 more closely with HIPAA, introduces updated penalties, allows a single patient consent for treatment, payment, and operations, and adds new requirements for Notices of Privacy Practices. It also creates a formal definition of SUD counseling notes and imposes strict consent requirements for their use and disclosure. Providers should review and update policies to ensure compliance.Client Alert

AAA Introduces AI-Assisted Arbitrator for Certain Disputes

April 7, 2026The American Arbitration Association has introduced an AI-assisted arbitration platform designed to streamline certain document-based disputes. While a human arbitrator still makes the final decision, the technology can improve efficiency, reduce costs, and accelerate case resolution. Companies should weigh these benefits against considerations such as transparency, risk, and contractual requirements before adopting AI-assisted arbitration.Client Alert

Quiet Hours Texts and TCPA Claims: Consent Remains King as Courts Divide on Text Messages

March 31, 2026Businesses face increasing TCPA lawsuits over off-hours marketing texts, but recent court decisions highlight strong defenses. Clear consumer consent and updated terms and conditions can defeat many claims, while a growing number of courts are finding that text messages are not “telephone calls” under the statute. Proactive compliance measures, including clickwrap agreements and forum-selection clauses, are critical to reducing risk.
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