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Ohio

Targeted Regulation of Abortion Providers (TRAP)

Ohio imposes extra restrictions on abortion providers, despite the fact that all health-care providers already must comply with a variety of federal and state regulations governing health, safety, building and fire codes, and zoning requirements.  

Restrictions on Where Abortion Services May Be Provided

Ohio places medically unnecessary restrictions on where abortion services may be provided.

Each clinic must have a written transfer agreement with a hospital.  Ohio Admin. Code § 3701-83-19(E).  A federal appeals court held that this restriction is constitutional, even if it means that some clinics may not be able to operate.  Women's Med. Prof'l Corp. v. Baird, 438 F.3d 595 (6th Cir. 2006).  Nothing requires hospitals to enter into such an agreement, nor is an exception made for rural areas.

Ohio also prohibits a public hospital, including a state university hospital or state medical college hospital, from entering into a transfer agreement with an abortion provider.  H.B. 59, 130th Gen. Assem., Reg. Sess. (Ohio 2013).  

Ohio has an unconstitutional and unenforceable requirement that all abortion services after the 14th week after the first day of the woman's last menstrual period be provided in a hospital.  Ohio Admin. Code § 3701-47-01(E), 3701-47-02(A) ("Immediate post-abortion care shall be provided in a hospital.").

The U.S. Supreme Court held that a second-trimester hospitalization requirement unconstitutionally burdens a woman's right to choose.  Akron v. Akron Ctr. for Reprod. Health, 462 U.S. 416 (1983).

Restrictions on Who May Provide Abortion Services

Ohio prohibits certain qualified health-care professionals from providing abortion services.

Only a physician certified by the state medical board to practice medicine or surgery may provide abortion care.  Ohio Rev. Code Ann. § 2919.11 (Enacted 1974), Ohio Rev. Code Ann. § 4731.41 (Original Statute Enacted 1868; Recodified 1953; Last Amended 1998).



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