Court allows Ohio nurse practitioners and assistants to administer abortion medication for now

CINCINNATI, Ohio - A Hamilton County court on Wednesday sided with Planned Parenthood and other abortion providers, granting a preliminary injunction that will allow advanced practice clinicians to continue providing medication abortions in Ohio.
Medication abortion is a method of ending a pregnancy using a combination of two medicines, typically mifepristone and misoprostol. It is approved for use early in pregnancy and is a common alternative to a surgical procedure.
The decision by Judge Alison Hatheway of the Court of Common Pleas blocks the enforcement of three state laws that could have prevented advanced practice clinicians (APCs) from offering medication abortions. APCs, which include nurse practitioners and physician assistants, are healthcare professionals who have advanced education and training beyond that of a registered nurse.
This ruling marks the third preliminary injunction issued in this ongoing case, which was initially filed in 2021. Previous injunctions also aimed to prevent restrictions on APCs providing abortion care.
Planned Parenthood and others argued that despite earlier court orders, these specific statutes continued to create a "ban" on APCs performing abortions by threatening their licenses. They contended that the laws effectively undermined the court's previous rulings.
The court found that the plaintiffs demonstrated a strong likelihood of success in their argument that the challenged statutes violate Ohio's recently adopted constitutional amendment protecting reproductive freedom.
Approved by voters in November 2023, the amendment broadly safeguards an individual's right to make reproductive decisions, including abortion. It also states that the state cannot burden or interfere with this right unless using the least restrictive means to advance patient health based on evidence-based standards.
In its decision, the court noted that Ohio allows APCs to prescribe the same medications used for abortion for other purposes, such as miscarriage management, without similar restrictions. The court also determined that without the injunction, Planned Parenthood and its patients would suffer irreparable harm due to limited access to care, potential delays, and increased health risks.
"We are relieved by the court’s decision to grant a preliminary injunction that will allow advanced practice clinicians to provide medication abortions to Ohio patients in need," stated a joint release from the American Civil Liberties Union, the ACLU of Ohio, Planned Parenthood Federation of America, Planned Parenthood of Greater Ohio, and Planned Parenthood Southwest Ohio Region. The organizations added that APCs are "completely qualified to provide medication abortions under their state licensure and should not be punished by the state for providing vital care to patients."
The injunction will remain in effect until a final judgment is reached in the case.
