Kettering abortion clinic complaint closed without action

The State Medical Board of Ohio quietly closed its investigation into a complaint against three doctors at a Kettering abortion clinic without taking formal or informal action, leading Ohio Right to Life to demand that inquiry records be made public or the case re-opened.

“Case closed is not good enough for us,” said Devin Scribner, executive director of Ohio Right to Life.

In August, Dayton Right to Life Executive Director Paul Coudron filed a complaint with the State Medical Board over an abortion performed at the Women’s Med Center of Dayton in June 2015 on a 31-year-old woman who was reportedly too high to fully consent to the procedure. Coudron received notice last week that the medical board closed the case.

Ohio Gov. John Kasich appointed Ohio Right to Life President Michael Gonidakis to the State Medical Board. But Scribner said Gonidakis recused himself and the case never went to the board because it was closed at the investigator level.

Coudron, Scribner and other anti-abortion activists maintain that the woman was in no condition to give informed consent for the surgical procedure. Ohio Right to Life officials said they do not know the identity of the woman, whether she is upset with the care she received or whether the Medical Board contacted her for its investigation.

Medical Board spokeswoman Tessie Pollock said confidentiality laws prohibit disclosure of complaints to the board but in general investigators have full access to medical records relating to a complaint. Public disclosure is not made until the medical board members ratify disciplinary action.

Scribner said the State Medical Board’s duty is to protect the public and without transparency in its operations, it is impossible to determine if that duty is met. He added that Ohio Right to Life may lobby the General Assembly to change confidentiality laws to shed more light on medical board investigations.

“When this case opened, the Ohio Department of Health investigated and asked the provider to rewrite their policy, which they did. Both the health department and the State Medical Board have looked into this case, and neither have decided additional action is necessary. Case closed,” said Kellie Copeland of NARAL Pro-Choice Ohio. “Women in Ohio need access to safe and legal abortion care from providers like Women’s Med Center. They don’t need political interference from Ohio Right to Life.”

WMC's state license is hanging in the balance over failure to provide 24/7 back up care for patients. The center has been arguing before state health officials that it has adequate plans to deal with emergencies. In September, a state health hearing officer agreed with an Ohio Department of Health recommendation that the license be revoked. Ohio Department of Health Director Rick Hodges, who is a Kasich appointee, is expected to make the final decision, though there is no time table for his ruling.

Abortion clinics are required to have transfer agreements with local hospitals in case of emergencies. The requirement, added to state law in 2013, has led to closure of abortion clinics in Ohio.

Meanwhile, lawmakers may adopt more abortion restrictions in the lame duck legislative session. Two bills already passed by the Ohio Senate are pending in the House: a ban on abortions after 20 weeks and a requirement that abortion remains be buried or cremated.

Copeland called the 20-week ban “political interference” that will fall heavily on pregnant women facing health issues and difficulty overcoming hurdles to obtaining abortions earlier in their pregnancies. “I think, frankly, it’s a very callous bill,” she said.

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