Ohio Revised Code

Ohio Rev. Code § 3727.60 (2026)

Prohibitions for public hospitals regarding nontherapeutic abortions

✓ current as of May 2026

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Effective:

September 29, 2013

Latest Legislation:

House Bill 59 - 130th General Assembly

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(A) As used in this section:

(1) "Ambulatory surgical facility" has the same meaning as in section 3702.30 of the Revised Code.

(2) "Nontherapeutic abortion" has the same meaning as in section 9.04 of the Revised Code.

(3) "Political subdivision" means any body corporate and politic that is responsible for governmental activities in a geographic area smaller than the state.

(4) "Public hospital" means a hospital registered with the department of health under section 3701.07 of the Revised Code that is owned, leased, or controlled by this state or any agency, institution, instrumentality, or political subdivision of this state. "Public hospital" includes any state university hospital, state medical college hospital, joint hospital, or public hospital agency.

(5) "Written transfer agreement" means an agreement described in section 3702.303 of the Revised Code.

(B) No public hospital shall do either of the following:

(1) Enter into a written transfer agreement with an ambulatory surgical facility in which nontherapeutic abortions are performed or induced;

(2) Authorize a physician who has been granted staff membership or professional privileges at the public hospital to use that membership or those privileges as a substitution for, or alternative to, a written transfer agreement for purposes of a variance application described in section 3702.304 of the Revised Code that is submitted to the director of health by an ambulatory surgical facility in which nontherapeutic abortions are performed or induced.

Notes of Decisions

Cited in 4 cases, 2015–2018 · leading case: Preterm-Cleveland, Inc. v. Kasich (Slip Opinion), 2018 Ohio 441 (Ohio 2018).

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Preterm-Cleveland, Inc. v. Kasich (Slip Opinion), 2018 Ohio 441 (Ohio 2018). · cites it 2× “303(A), and also prohibit a "public hospital" from entering into such an agreement with a facility "in which nontherapeutic abortions are performed or induced," R.C. 3727.60(B)(1). They further require the facility to file a copy of the written transfer agreement with the…”

Planned Parenthood Sw. Ohio Region v. Hodges, 138 F. Supp. 3d 948 (S.D. Ohio 2015). · cites it 6× “Third, it added Ohio Rev. Code § 3727.60 under which a “public hospital” is prohibited from “[e]nter[ing] into a written transfer agreement with an ambulatory surgical facility in which nontherapeutic abortions are performed or induced[.”

Preterm-Cleveland, Inc. v. Kasich, 2016 Ohio 4859 (Ohio Ct. App. 2016). · cites it 2× “R.C. 3727.60(B). {¶20} In her affidavit, Harrington asserts that the written transfer agreement provisions impose new burdens on Preterm.”

Capital Care Network of Toledo v. State of Ohio Dept. of Health, 2016 Ohio 5168 (Ohio Ct. App. 2016). · cites it 4× “However, R.C. 3727.60 forbids any public hospital from entering into a WTA with an ASF which performs abortions.”

— Ohio Rev. Code § 3727.60(B) — 1 case

Preterm-Cleveland, Inc. v. Kasich, 2016 Ohio 4859 (Ohio Ct. App. 2016). “R.C. 3727.60(B). {¶20} In her affidavit, Harrington asserts that the written transfer agreement provisions impose new burdens on Preterm.”

— Ohio Rev. Code § 3727.60(B)(1) — 2 cases

Preterm-Cleveland, Inc. v. Kasich (Slip Opinion), 2018 Ohio 441 (Ohio 2018). “303(A), and also prohibit a "public hospital" from entering into such an agreement with a facility "in which nontherapeutic abortions are performed or induced," R.C. 3727.60(B)(1). They further require the facility to file a copy of the written transfer agreement with the…”

Planned Parenthood Sw. Ohio Region v. Hodges, 138 F. Supp. 3d 948 (S.D. Ohio 2015). “Third, it added Ohio Rev. Code § 3727.60 under which a “public hospital” is prohibited from “[e]nter[ing] into a written transfer agreement with an ambulatory surgical facility in which nontherapeutic abortions are performed or induced[.”

— Ohio Rev. Code § 3727.60(B)(2) — 1 case

Planned Parenthood Sw. Ohio Region v. Hodges, 138 F. Supp. 3d 948 (S.D. Ohio 2015). “Third, it added Ohio Rev. Code § 3727.60 under which a “public hospital” is prohibited from “[e]nter[ing] into a written transfer agreement with an ambulatory surgical facility in which nontherapeutic abortions are performed or induced[.”

— Ohio Rev. Code § 3727.60(B)(A) — 1 case

Preterm-Cleveland, Inc. v. Kasich, 2016 Ohio 4859 (Ohio Ct. App. 2016). “R.C. 3727.60(B). {¶20} In her affidavit, Harrington asserts that the written transfer agreement provisions impose new burdens on Preterm.”

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