Legal Documents Regarding
Ohio Department of Health and
Women’s Med Center abortion facility
- November 20, 2013 request by Women’s Med Center for variance
- February 27, 2014 Responding to a Feb 12, 2014 letter from ODH, Haskell’s lawyers submit a modified version of the contract between Haskell and the Wright State Physicians group.
- July 25, 2014 New version of contract with Wright State Physicians and the request for a variance are sent to ODH.
- June 25, 2015 The Ohio Department of Health denies request for a variance and gives Haskell 30 days to submit a new proposal or else “the department may propose revocation of the facility’s ambulatory surgical facility license.
- July 24, 2015 Haskell submits a new request for a variance, based on a contract signed by Dr. Janice Duke, Dr. Sheila Barhan, and Dr. Jerome Yaklic, all members of the Wright State Physicians Group. The request also includes a contract signed by Dr. Alan Marco, president and CEO of the Wright State Physicians Group, which says that in the event the three primary physicians are not available, other Wright State group OB/GYN physicians will provide emergency back up services.
- September 1, 2015 Haskell and Planned Parenthood of Southwest Ohio file suit against the Director of the Ohio Department of Health, contending that the requirement that abortionists must have a written transfer agreement with a nearby hospital is unconstitutional. The suit also contends that the 2013 statute prohibiting public hospitals from providing transfer agreements to abortionists is unconstitutional.
- September 25, 2015 Ohio Department of Health denies July 24, 2015 request by Haskell for variance and proposes revocation of his license. Haskell has 30 days to request a hearing.
- September 28, 2015 U.S. District Court Judge Michael R. Barrett issues order that Women’s Med Center in Kettering and Planned Parenthood’s Cincinnati abortion center may stay open and continue committing abortions while they appeal ODH's decision. Planned Parenthood of Southwest Ohio submits a new request for a variance.
- October 13, 2015 U.S. District Court Judge Michael R. Barrett grants preliminary injunction allowing Planned Parenthood of Southwest Ohio’s Cincinnati abortion center to stay open (blocking the state health department from suspending the abortion center’s license).
- July 22, 2016 Ohio Department of Health releases a report stating that the Women's Med Center in Kettering, in connection with a 2015 abortion, failed to "ensure a patient was allowed to refuse or withdraw consent for treatment when her physical and cognitve condition precluded her from participating in her treatment."
- August 3, 2016 Dayton Right to Life files complaint with the State Medical Board of Ohio urging it to investigate the findings in the report issued on July 22, 2016 by the Department of Health.
- October 21, 2016 Ohio Department of Health denies Women's Med Center request for a variance to the requirement that it must have a written transfer agreement with a local hosptal. The request for 2016 had been submitted on August 26,2016.
- November 30, 2016 Ohio Department of Health revokes the Ambulatory Surgical Center license of Women’s Med Center in Kettering. Revocation follows denial of a variance request in September 25, 2015, and an appeals hearing on April 28, 2016. Women’s Med Center has 15 days to file an appeal in Ohio Common Pleas Court either in Montgomery or Hamilton County.
- December 12, 2016 Montgomery County Common Pleas Court Judge Mary Wiseman rules on the December 2, 2016 appeal by the Women’s Med Center in Kettering, granting its motion to suspend and stay the Ohio Department of Health's decision to renew and revoke the abortions center’s license. In line with these rulings, the abortion center will remain open until a final decision is made. (See full text of ruling; See news story
- January 30, 2017 Women's Med Center files brief in Montgomery County Common Pleas Court, setting forth its arguments for requesting that the court reverse the Department of Health’s refusal to and revocation of the abortion center's license and its denial of variance of the written transfer agreement requirement.
- February 6, 2018 In a case involving an abortion center in Toledo, the Ohio Supreme Court reversed a lower court decision and reinstated the Ohio Health Department’s earlier order which had revoked and refused to renew the license of the abortion center. The Dayton Women’s Med Center suit in Montgomery County Common Pleas Court appealing the Department of Health’s revocation of its license and denial of a variance, had been delayed pending the outcome of the Ohio Supreme Court. A hearing on the Dayton Women's Med Center appeal was subsequently set for August 234. 2018.
- August 23, 2018 A ruling by Montgomery County Common Pleas Judge Mary Wiseman affirmed the Ohio Department of Health's November 2016 adjudication order revoking and refusing to renew Women's Med Center's ambulatory surgical facility license. Judge Wiseman ruled that the "adjudication order is supported by substantial, reliable, and probative evidence and is in accordance with the law." The decision was appealed so the stay issued in December 12, 2016 allowing the abortion center to remain in operation continues.
- March 12, 2019 The appeal of the August 23, 2018, Common Pleas Court ruling was heard in the Ohio 2nd District Court of Appeals by a three judge panel and their decision will be issued in due course.
- April 1, 2019 The Ohio 2nd District Court of Appeals upheld Ohio Department of Health's revocation of the ambulatory surgical center license for The Dayton Women’s Med Center and its denial of a variance. A news report indicated that the decision would be appealed to the Ohio Supreme Court. In the meantime the abortion center remains opened under terms of a stay issued in 2016.
- May 13, 2019 The Dayton Women's Med Center files an appeal with the Ohio Supreme Court to overturn the ruling by the Ohio Department of Health that denies the center's request for a variance to the requirement that it has a tranfer agreement with a local hospital and revokes the center's ambulatory surgical center license. According to a news report the Ohio Supreme Court must first decide whether to take the case and if it does to then schedule the hearing. In the meantime the abortion center will remain open.