Written by Ashton Snyder on
 January 6, 2025

Ohio Governor Blocks Medical Speech Clause in New Bill

A late-night legislative session in Ohio sparks controversy over medical oversight and government transparency.

According to AP News, Governor Mike DeWine vetoed a significant portion of House Bill 315 that would have protected healthcare professionals from disciplinary action for expressing medical opinions contrary to health authorities.

The governor's decision comes amid heightened national tensions over medical freedom and scientific discourse, particularly as President-elect Donald Trump prepares to appoint Robert F. Kennedy Jr., a known anti-vaccine activist, to lead national health agencies. DeWine defended his veto by emphasizing the critical role of medical licensing boards in protecting public safety.

Medical Freedom Advocates Face Setback as Governor Prioritizes Public Safety

DeWine expressed serious concerns about the potential consequences of the medical free speech provision. In his veto message, he emphasized that allowing healthcare professionals to avoid accountability through claims of differing medical opinions could endanger patient welfare.

The vetoed provision would have prevented the Ohio Department of Health and state medical boards from disciplining healthcare professionals who publicly or privately expressed medical opinions contradicting state, county, or city health authorities. This protection would have been extended to pharmacists and other licensed healthcare workers.

The controversial bill was passed around 2 a.m. during the final night of the legislative session, having been transformed into what legislators call a "Christmas tree bill" - loaded with various controversial items from other pending legislation.

Police Body Camera Fees and WHO Jurisdiction Create New Precedent

While blocking the medical speech provision, DeWine maintained the section allowing law enforcement agencies to charge up to $75 per hour for police body camera footage. This decision persisted despite opposition from civil rights organizations, including the American Civil Liberties Union and NAACP.

DeWine also preserved a provision declaring Ohio outside the World Health Organization's jurisdiction. This stance aligns with broader Republican resistance to WHO's authority, though DeWine notably abstained from joining 24 other GOP governors who opposed the WHO's pandemic response proposal.

The governor's selective veto eliminated provisions that aimed to introduce new exemptions to ethics laws. Paul Nick, the Executive Director of the Ohio Ethics Commission, supported this move. He explained that the proposed exemptions would have undermined the state's ethics laws by permitting mayors and other executive officials to hold financial interests in public contracts managed by the agencies they oversee.

Medical Oversight Powers Remain Intact Despite Growing Freedom Movement

The case of Dr. Sherri Tenpenny exemplifies the type of oversight the governor aims to preserve. Tenpenny's medical license was suspended in 2023 after she refused to cooperate with investigators following controversial statements about COVID-19 vaccines making people magnetic and interfering with cell towers.

Ohio Advocates for Medical Freedom, a nonpartisan organization pushing for constitutional amendments to limit vaccine mandates, supported the vetoed provision. The group's efforts align with previous legislative attempts to restrict emergency health orders during the pandemic.

The medical board's authority remains unchanged following the veto, maintaining its power to investigate and discipline physicians for false or deceptive medical statements. Tenpenny's case concluded with her agreeing to pay a $3,000 fine and cooperate with investigators, resulting in her license being restored.

Decisive Action Shapes Ohio Healthcare Landscape

Governor Mike DeWine's veto of the medical free speech provision maintains state medical boards' authority to regulate healthcare professionals in Ohio. The decision preserves oversight mechanisms while allowing new rules for police body camera fees and declaring independence from WHO jurisdiction. As the state navigates evolving healthcare policies, the balance between professional autonomy and public safety continues to shape regulatory frameworks.

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About Ashton Snyder

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