Lawsuit challenges Ohio’s abortion restrictions

Kettering clinic facing deadline to comply with new rules.

The two remaining abortion providers in southwest Ohio, including one in Kettering, filed a federal lawsuit in Cincinnati on Tuesday to halt the implementation of part of the state’s most recent budget and challenges the constitutionality of certain provisions in the 2013 budget, according to NARAL Pro-Choice Ohio.

Women’s Med Center of Kettering and Planned Parenthood Southwest Ohio Region are challenging a provision in the most recent budget that requires the director of the Ohio Department of Health to respond to a clinic’s request for an alternative to a hospital transfer agreement within 60 days. If the director does not respond, the request is automatically rejected, resulting in the suspension of the clinic’s license. The provision will go into effect at the end of the month.

All ambulatory surgical facilities, called ASFs, are required to have a transfer agreement with a local hospital in the event of a medical emergency under state law. Those that aren’t able to secure an agreement must request a variance from the Ohio Department of Health. However, a provision in the 2013 budget bars abortion clinics from securing a transfer agreement with a local hospital.

Ohio Department of Health Director Rick Hodges responded to Women’s Med Center’s 2012, 2013, and 2014 applications for a variance to the transfer agreement requirement in June. He rejected the 2014 application, which had the names of two on-call OB/GYNs with admitting privileges to Miami Valley Hospital, saying, “It does not meet the department’s expectation for 24 /7 back-up coverage and uninterrupted continuity of care.” The 2012 and 2013 applications listed three on-call physicians.

Hodges gave Women’s Med Center 30 days to resubmit its 2014 application or face possible revocation of its license. Operators faced the same issue with their Sharonville clinic, which was forced to close in August 2014.

Women’s Med Center resubmitted its application on July 24. The 2014 application included the names of three on-call OB/GYNs with admitting privileges to Miami Valley Hospital. It also listed their practice as backup, should none of the three be available.

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