Update: On May 16, the Ohio Department of Heath granted a new license to Capital Care, retroactive to May 8, the date of an inspection of the Clinic by the Department. 

On February 6, 2018, the Supreme Court of Ohio held the license of Capital Care Network of Toledo, northwest Ohio’s last remaining abortion clinic, was properly revoked by the Ohio Department of Health for failure to have an appropriate written transfer agreement with a hospital. Read an analysis of that decision here.

Shortly after this decision came out, on February 12, at a special meeting, the Board of Trustees of ProMedica Toledo Hospital authorized ProMedica to enter into a written transfer agreement with Capital Care.

Since the absence of a proper written transfer agreement was the reason for its license revocation, on February 16, Capital Care filed for reconsideration, asking the court to send the case back to the trial court to consider this new development. The state opposed this motion, arguing the license revocation was proper. Capital Care continued to perform abortions while the motion was pending, and applied for a new license with the Ohio Department of Health on March 13, 2018.

On April 25, the court unanimously denied Capital Care’s motion for reconsideration without elaboration.  With this ruling, Capital Care is immediately ceasing all surgical abortions. According to the Clinic’s lawyer, Jennifer Branch, the Clinic remains open for nonsurgical procedures and other health care services.  There is no particular timetable for the Department of Health to make a decision about the new license application.  Meanwhile, women in Northwest Ohio needing a surgical abortion will have to go elsewhere.