July 28, 2023

Via email only:

Ms. Lisa Pierce Riez
Epstein Becker Green
250 West Street, Suite 300
Columbus, Ohio 43215
LPierceReisz@ebglaw.com

Re: Planned Parenthood of Southwest Ohio – May 30, 2023, Request for Variance to the
Hospital Transfer Agreement Requirement

Dear Ms. Lisa Pierce Riez:

I write in response to Planned Parenthood of Southwest Ohio’s (PPSWO) request for a

variance to the hospital transfer agreement requirement dated May 30, 2023.

Based on publicly available information, at least one of the back-up consulting physicians listed
in PPSWO’s variance request is associated with a medical school or osteopathic medical
school affiliated with a state university or college in contradiction to the provisions of O.R.C.
3702.305. PPSWO’s variance request is clearly in violation of the statute.

As you know, despite this statutory requirement, the Department of Health is currently enjoined
by a June 17, 2022 order of the Hamilton County Court of Common Pleas from preventing the
“provi[sion of] procedural abortion services for reasons related to non-compliance with [O.R.C.
3702.305].” As a result, PPSWO’s variance request cannot be denied at present. But for this
order, I would be statutorily required to deny the request. Please be aware that action
necessary to enforce Ohio law will be taken when the injunction is lifted - assuming PPSWO is
still in violation of the provisions of O.R.C. 3702.305, or if other factors support a lawful denial
at that time.

Sincerely,

Bruce Vanderhoff, M.D., MBA

Director of Health

246 North High Street 614 I 466-3543

Columbus, Ohio 43215 U.S.A. www.odh.ohio.gov

The State of Ohio is an Equal Opportunity Employer and Provider of ADA Services.