COLUMBUS – Ohio has revoked the operating license of one of the state’s few remaining abortion clinics on grounds it failed to obtain a required transfer agreement with a nearby hospital for emergencies.
Statehouse Democrats and pro-choice advocates say the state is standing on thin legal ice in shutting down Women’s Med Center in Dayton.
“Not only is the state of Ohio acting on likely-unconstitutional laws, but in doing so it is jeopardizing the health and safety of Ohio women for political gain,” said State Rep. Greta Johnson (D-Akron). “The Administration is also unilaterally and arbitrarily inventing new rules on the fly to thwart doctors and clinics who continue to meet Ohio’s restrictive laws.”
Department of Health Director Rick Hodges said the license is being revoked because the facility failed to name an adequate number of physicians to provide backup care. His order falls in line with recommendations of an independent hearing officer.
Ohio requires ambulatory surgical facilities to have emergency backup agreements with nearby hospitals or to obtain a variance from that requirement.
Women’s Med Center has 15 days to appeal Wednesday’s order and says it will.
The state says the health care facility didn’t qualify for a variance from a 2013 Ohio transfer agreement restriction, a hurdle that has been struck down twice as unconstitutional by Ohio courts, Johnsons argued. Similar restrictions were also ruled unconstitutional by the U.S. Supreme Court, she said.
Public hospitals may not participate in transfer agreements and Dayton-area obstetricians have been intimidated by abortion opponents as the clinic sought additional backup doctors.