License revoked for Toledo's lone abortion clinic

Ohio Dept. of Health cited lack of valid emergency-care agreement

7/30/2014
BLADE STAFF

COLUMBUS -- The interim director of the Ohio Department of Health signed an order today to revoke the license of Toledo’s one remaining abortion clinic effective Aug. 12.

RELATED: Ohio Dept. of Health order for Capital Care closing

Interim Director of Health Lance Himes signed the adjudication order “refusing to renew and revoking” the health care facility license of Capital Care Network. The West Sylvania Avenue clinic has 15 days after the mailing of the notice to file an appeal and request that a court stay the order pending that appeal, according to the order.

Mr. Himes’ decision follows a recommendation from a state hearing examiner in June that the clinic be shuttered because it does not hold a valid emergency-care agreement with a local hospital, a requirement of state law.

The clinic’s owner, Terrie Hubbard, vowed to fight the order. She said she will call every hospital again within 30 miles of Toledo and ask for the required transfer agreement. So far, she has been unable to find a local hospital willing to sign an agreement to transport patients to their hospital in case of an emergency, a state law requirement. The state will not accept an agreement she reached with the University of Michigan.

“I'm not surprised by the ruling because the Department of Health seems to be making decision that are not based on medicine or heath care but based on politics,” said her attorney Jennifer Branch, based in Cincinnati.