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State Medical Board and Ohio Legal Update


Medical Board of Ohio 

The State Medical Board of Ohio met on December 13, 2023. As this was the final Board meeting of 2023, the Board held election for new officers for calendar year 2024. The Board elected the following members to leadership positions:
(1) President, Dr. Jonathan B. Feibel,
(2) Vice President, Dr. Yeshwant P. Reddy,
(3) Supervising Member, Dr. Kim G. Rothermel, and
(4) Secretary, Dr. Harish Kakarala.
These officers will begin their new roles on the Board beginning January 1, 2024, and run through the end of December 2024.
Additionally, at the end of the year, Medical Board staff will provide potential recommendations to the Board of additional qualifying conditions for the Board to consider in the coming year for medical marijuana. Board staff had no recommendations for any additional qualifying conditions.

Legal Update

On November 16, 2023, the Supreme Court of Ohio ordered the parties in Preterm Cleveland v Yost to submit briefs in the wake of the passage of Issue 2.
As a refresher, this case concerns the legal status of the enforcement of Ohio’s Heartbeat Act. The constitutionality was challenged in 2022 by a few clinics and physicians. Some procedural questions were appealed to the Supreme Court of Ohio, specifically questions of standing and whether a certain order of the trial court could be appealed. On November 7, 2023, Ohio citizens passed a constitutional amendment guaranteeing the right to access reproductive services and abortions. This prompted the Court, to compel the parties to submit briefs as to what the Court should do with the appeal.
The State has argued that, although the issues in front of the Supreme Court do not answer constitutional questions about the Heartbeat Act, they are important legal questions nonetheless and the appeal should continue. The Plaintiffs (clinics and physicians) argue that the fact that Issue 2 was passed and is now effective and enforceable, any questions about the Heartbeat Act are moot and the case should be dismissed. We await a decision by the Court.

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