Ohio Governor Vetoes Medical Free Speech Clause, Threatening State’s Regulatory Power!

In Columbus, Ohio, Governor Mike DeWine vetoed a portion of a bill late Thursday that state lawmakers claimed was meant to protect the free speech of medical professionals but which the Governor argued would severely limit the state’s ability to regulate misconduct. The Governor left intact another provision of the bill that permits law enforcement agencies to charge up to $75 per hour for police body camera footage, despite objections from open government organizations such as the ACLU and NAACP.

DeWine’s decision to veto the health-related language comes at a time when President-elect Donald Trump is expected to appoint anti-vaccine activist Robert F. Kennedy Jr. to lead the nation’s health agencies, and with ongoing national debates over medical science in the aftermath of the COVID-19 pandemic. In his veto message, DeWine expressed concern that the medical oversight clause in the bill could have “devastating and deadly consequences for patient health,” emphasizing the importance of protecting patients from misconduct in the medical field.

The bill, known as House Bill 315, was passed by Ohio lawmakers during the final hours of their lame duck session last month. It was heavily amended with various controversial provisions from other pending legislation, leading DeWine to veto additional sections related to ethics law exemptions and clerks of court. Despite these vetoes, the Governor’s decision on the medical freedom provision was seen as the most significant, as it aimed to prevent disciplinary action against health professionals for expressing medical opinions that differed from those of health authorities.

While DeWine retained a provision in the bill declaring Ohio outside the jurisdiction of the World Health Organization, his stance on the WHO has differed from some of his Republican counterparts. He did not join other Republican governors in opposing the WHO’s pandemic treaty proposal, which critics claimed would infringe on state health authority. The Governor’s actions were supported by Ohio Advocates for Medical Freedom, a nonpartisan group advocating for limits on vaccine mandates.

DeWine’s veto of the bill’s provisions reflects his commitment to protecting patient health and ensuring accountability in the medical field, even in the midst of broader debates surrounding public health policy.

The following March saw an effort to reinstate a diluted version of the law. The medical freedom group has played down the significance of Sherri Tenpenny’s involvement in influencing the latest proposal regarding medical free speech. Tenpenny, an Ohio osteopathic doctor, gained national prominence following a viral video of her testimony before state legislators in June 2021. During her testimony, she claimed that COVID-19 vaccines could make individuals magnetic and suggested a link between the vaccines and interactions with cell towers, as well as disruptions to women’s menstrual cycles.

The state medical board, responsible for overseeing physicians and taking action against them for spreading false or misleading medical information, initiated an investigation after receiving approximately 350 complaints related to Tenpenny’s statements. Following her lack of cooperation, which included refusal to engage with investigators, respond to written inquiries, or participate in a deposition, the board suspended Tenpenny’s medical license in 2023.

Recently, Tenpenny has agreed to pay a $3,000 fine and assist investigators in their probe. Consequently, her medical license was reinstated earlier this year.

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