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Ohio

Other Anti-Choice Law

In 2004, Ohio enacted a law imposing a number of restrictions on mifepristone.  Ohio Rev. Code Ann. §2919.123 (Enacted 2004).   

The law blocks doctors from engaging in evidence-based or "off-label" use of mifepristone.  Standard medical practice recognizes that evidence-based drug use-including for mifepristone-is common, safe, appropriate, and essential to providing optimal patient care.  While estimates vary, an American Medical Association official has estimated that 40-60 percent of all prescriptions in the United States are written for evidence-based uses.  The law has no exception to protect the life or the health of the woman.  

A lawsuit was brought against the state in the U.S. District Court for the Southern District of Ohio arguing four separate claims.  Planned Parenthood Cincinnati Region v. Taft, 337 F.Supp.2d 1040 (S.D.Ohio 2006), aff'd in part, and remanded, 531 F.3d 406 (6th Cir. 2008), cert. granted, No. 2008-1234 (Ohio, Oct, 20, 2008).  The Sixth Circuit Court of Appeals ruled against three of the four claims, allowing the law to go into effect.  Planned Parenthood Southwest Ohio Region, et al. v. DeWine, No. 11-4062 (Ohio, Oct. 2012).  The fourth claim-that the law poses an undue burden-is being held for trial.


 


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