Ohio Governor Mike DeWine vetoes controversial medical free speech provision

• Ohio Gov. Mike DeWine vetoed Section 3792.07(B) of House Bill 315, which aimed to shield medical professionals from disciplinary action for sharing unverified medical opinions.
• The veto was in response to a case involving Dr. Sherri Tenpenny, who faced disciplinary action for making false claims about COVID-19 vaccines, including the claim that they magnetize people.
• DeWine emphasized that the medical licensing boards exist to protect patient safety and that Section 3792.07(B) could undermine regulatory agencies’ ability to investigate and discipline healthcare professionals for harm caused to patients.
• Despite the veto, DeWine signed other parts of HB 315 into law, including provisions related to the jurisdiction of the World Health Organization (WHO), off-label drug prescriptions, and patient nutrition and fluids.
• The bill also includes optional fees for public requests of law enforcement footage, which DeWine noted are capped and directly related to the cost of production. He stated he would work with the General Assembly to amend the language if unforeseen consequences arise.

Ohio Gov. Mike DeWine has vetoed a section of legislation that would shield medical professionals from disciplinary action for sharing unverified and potentially harmful medical opinions following the disciplinary action of Ohio Medical Board against a doctor who claimed that Wuhan coronavirus (COVID-19) vaccines magnetized people.

In 2021, Sherri Tenpenny, a licensed physician and author of “Saying No to Vaccines,” made several claims against the COVID-19 vaccine. One of her most notable statements was about the supposed magnetization of people who have received COVID-19 vaccinations. (Related: Citizens rally for medical freedom at Florida Capitol, urge lawmakers to block mask and vaccine mandates.)

However, scientists and public health experts have debunked these claims when she testified during a House Health Committee hearing on House Bill 248 that same year.

The Ohio Medical Board suspended and fined Tenpenny’s medical license. Tenpenny, who did not cooperate with the investigation of the Ohio Medical Board, was penalized due to over 350 complaints. The board also suspended and fined her medical license, but reinstated it in early 2025.

In line with this, DeWine vetoed Section 3792.07(B) of the House Bill 315, also known as the “Christmas tree” bill. Section 3792.07(B) of the bill aimed to prevent state health regulators, including the Ohio Department of Health, Board of Pharmacy and State Medical Board, from penalizing healthcare providers who express opinions that do not align with established medical consensus. DeWine argued that this provision could undermine the ability of the state to regulate healthcare providers and ensure patient safety.

“Ohio’s medical licensing boards exist to protect patients and the public from bad actors in the medical field,” DeWine said in his veto message on Jan. 2.

“Section 3 792.07(B) threatens patient safety by providing a health care professional, including hospitals and inpatient facilities, with a legal shield that would prevent being held to account for dangerous or harmful medical care given to a patient by them saying there was a difference of ‘medical opinion.’ Section 3792.07(B) substantially limits state regulatory agencies from appropriately responding to patient and public complaints by investigating and disciplining health care professionals for harm they have caused patients.”

DeWine signs other parts of HB 315 into law

Despite the veto of the medical free speech provision, DeWine still signed other parts of HB 315 into law.

This section includes a statement that the World Health Organization (WHO) does not have jurisdiction in Ohio; a ban on state and local governments issuing public health guidelines that prohibit the prescribing of off-label drugs; and a provision ensuring hospitals cannot deny nutrition or fluids to patients unless requested or necessary for medical procedures.

Moreover, DeWine also allowed the section wherein HB 315 would permit law enforcement agencies to charge high fees for public requests for body camera, dashboard camera and surveillance footage. However, the governor noted that the fees are optional at the discretion of the agency and are capped and directly related to the cost of production.

“It is good that the language in House Bill 315 does not include a mandatory fee, but instead, it is optional at the discretion of the agency,” DeWine said. “It is also good the user fees are capped and directly related to the cost of production. If the language in House Bill 315 related to public records turns out to have unforeseen consequences, I will work with the General Assembly to amend the language to address such legitimate concerns.”