Planned Parenthood foes blocked

Ohio can’t enforce tissue-disposal rules yet, judge says

COLUMBUS, Ohio -- A federal judge on Monday temporarily blocked Ohio officials from taking legal action against Planned Parenthood to enforce fetal tissue disposal rules, while Republican state lawmakers proposed new regulations for such disposal.

The actions at the Ohio Statehouse and in Columbus federal court came after state Attorney General Mike DeWine completed an investigation of Planned Parenthood facilities.

DeWine's office found no evidence that Planned Parenthood made money from aborted fetuses, but his report released Friday criticized its facilities for disposing of fetal remains in landfills. He accused the organization of violating a state rule requiring that fetal tissue be disposed of in a "humane manner."

Planned Parenthood called the report "inflammatory." The group said its three facilities that provide abortions follow Ohio law and use the same practices as hospitals and other providers, which generally contract with companies to dispose of medical waste.

Planned Parenthood sued the state's health director, accusing him of changing the interpretation of the disposal rule. In its lawsuit, Planned Parenthood said it's never been cited by the Ohio Department of Health for violating the disposal regulations.

A health department spokesman said the agency doesn't comment on pending litigation.

DeWine had planned to file an injunction in state court to prevent Planned Parenthood from disposing of fetal remains as its affiliates have done. But Judge Edmund Sargus Jr. on Monday issued a temporary restraining order in the case, effectively blocking any state legal action until Jan. 11.

The judge set a Jan. 4 hearing in the dispute.

DeWine dismissed the decision as procedural. It "did not address the central issue of whether the disposal practices of Planned Parenthood were humane," he said in a statement.

Planned Parenthood officials praised the ruling.

"We will continue to fight back against these political attacks every step of the way and our doors will remain open to all Ohioans -- no matter what," Jerry Lawson, chief executive of Planned Parenthood Southwest Ohio, said in a statement.

Meanwhile, Republican state lawmakers proposed legislation Monday to require Ohio hospitals, abortion clinics and other providers to dispose of fetal remains by burial or cremation. The bill sponsors said they are trying to provide clarity on the meaning of "humane" disposal.

The regulation of medical waste is determined on a state-by-state basis, according to the American Hospital Association.

Under a separate House proposal, women who get abortions would be asked to decide in writing whether their fetuses' remains should be buried or cremated. Should the woman not answer, the clinic would be responsible for the choice and would have to document any decision.

A similar bill was introduced Monday in the state Senate.

Information for this article was contributed by Travis Loller, Scott Bauer and Kathleen Foody of The Associated Press.

A Section on 12/15/2015

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