Where abortion access stands in Ohio after judge temporarily halts 24-hour waiting period

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COLUMBUS, Ohio (WCMH) – An Ohio judge has temporarily halted a 24-hour waiting period to obtain an abortion in one of the most recent updates to the state’s ever-changing landscape. 

Franklin County Common Pleas Judge David Young blocked Ohio’s 24-hour waiting period for abortion care Friday. The decision came in response to an ongoing lawsuit alleging the law is unconstitutional after the approval of a constitutional issue last November.

The law required anyone seeking an abortion to make two visits to a provider, with one occurring at least 24 hours before the procedure. Other requirements within the law, including providing patients with state-approved materials on family planning options and notifying patients if there is fetal heartbeat, are also on hold. 

“We are starting to plan and move toward implementing the changes that come with this injunction as soon as [Tuesday],” said  Dr. Bhavik Kumar, chief medical officer of Planned Parenthood of Greater Ohio. “We're rapidly changing the way we're providing care.”

Abortion rights advocates claim the 24-hour waiting period is an “unnecessary” barrier for those seeking abortion care, especially for low-income patients. The rule forced patients to “find funds for a second round of transportation and childcare, and frequently obtain a second days’ unpaid leave from work,” Abortion Forward said in a statement. 

Groups against abortion claim the 24-hour waiting period allows pregnant patients to think about the decision, with Ohio Right to Life claiming the waiting period has led to “countless babies being born in Ohio.”

“A 24-hour waiting period for an irreversible, life-altering decision does not interfere with a mother’s ability to abort her child,” said President Michael Gonidakis. “The law merely allows a reflection point for a 24-hour period to give appropriate education and reflection to the finality of the decision to abort.” 

The fate of Ohio’s waiting period remains up in the air as numerous other regulations may face legal challenge after Issue 1’s passage, which asserts the state shall not “burden” or “interfere” with an individual’s right to abortion. 

In November, the constitutional amendment passed, codifying that abortion bans on the procedure before fetal viability – generally accepted as between 22-24 weeks gestation but is determined by an individual’s doctor – are prohibited. Restrictions on the procedure after viability would not apply if the pregnant patient’s life were at risk. However, multiple other rules and restrictions remain.

Minors in the state need a guardian's permission to get an abortion. If youth are unable to get a parent or guardian's permission, they may request a judicial bypass, where a judge can excuse them from this requirement. 

Another restriction, Kumar said, is the state’s ban on the use of Medicaid, a joint federal and state program that helps cover medical costs, to pay for abortion. He said this can make it impossible for some people to access care.

“Sometimes [patients] private insurance won't cover it or they prefer not to use their private insurance, and so folks are paying out of pocket and it's not uncommon for me to hear from patients that they're having to wait one or two paychecks to save a certain amount of money so that they can pay for their care, which really is an unnecessary delay,” Kumar said. 

Additionally, Ohio has a ban on the use of telehealth, or the use of technology to provide health care at a distance, for abortions, Kumar said. In the last few months of 2023, nearly one in five abortions nationwide, or about 17,000 each month, were medication abortions in which the pills were mailed to a patient after a remote consultation with a clinician, according to the Society of Family Planning.

“There's also a physician-only requirement, so in other states we have advanced practice clinicians and physician assistants that are able to provide some abortion care, specifically medication abortion, but again, in Ohio there's a restriction on their ability to do that, and it requires that only physicians provide this care," Kumar said.

All abortion providers in the state must also have a written transfer agreement with a hospital within 25 miles of the facility for in case of a complication. Kumar said written transfer agreements can be difficult to obtain for some clinics and are a regulatory burden.

“While this may seem like a good idea at first, it's really a targeted regulation only for abortion providers,” Kumar said. “Just like any health center, if there were to be a complication or a need for transfer, we would send that patient to the hospital and make sure we call the hospital and do all the things that we typically would.”

Kumar argues many of these restrictions specifically target abortion, which he calls a very “safe and common” procedure, making it difficult for providers and patients to navigate care. Ohio Right to Life states these restrictions make Ohio a “leading state” in protecting “unborn lives.”