Toledo abortion clinic fine fought

Ohio's health director has increased the fine on a Toledo's last abortion clinic to $15,000 from $3,000 for safety and procedural violations when a patient with potential post-abortion complications reportedly was transferred to a hospital in 2017.

And Capital Care Network appealed in Lucas County Common Pleas Court after the decision by state Health Director Lance Himes.

State health investigators say the clinic failed to follow emergency transfer procedures in April 2017 when a staff member drove a patient with a possible perforated bowel to a hospital following an abortion. Also, the clinic did not send medical records with the patient to the hospital as required.

Investigators said the clinic's policy is to contact emergency personnel in case of medical emergencies. However, clinic officials contended in court that the situation did not pose a medical emergency, and ultimately, the patient did not have a perforated bowel and was discharged from the hospital the next day.

Himes declared on Jan. 9 that the situation did not constitute an emergency, but he cited the clinic for failing to provide the patient with proper discharge instructions, document complications at the facility and provide documentation of a procedure for reviewing such incidents.

The health department proposed a $40,000 fine on the clinic in 2017, which clinic officials said they could not afford. State hearing officer Karl Schedler recommended slashing the amount to $3,000, saying the evidence indicated the case was an isolated incident. However, the final call is left to the health director.

“It’s an insult to women. It’s an insult to health care,” said Greater Toledo Right to Life Executive Director Ed Sitter. He was disappointed that Himes did not re-impose the original $40,000 penalty.

Sitter called Schedler biased, saying he did not let key department witnesses testify and dismissed four of the investigators’ five citations. Testimony from the department's assistant medical director Mary Kate Francis to rebut clinic officials' statements was denied, according to court documents.

NARAL Pro-choice Ohio Executive Director Kellie Copeland said that, “After hearing all of the evidence presented in a thorough investigation, the department’s own hearing officer recommended a significantly smaller penalty.

"Instead of accepting these findings and recommendations, the political appointees at the (health department) are continuing to demand a higher fine. Decisions made by the department should be made not on the basis of politics, but on the evidence before them.”