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medical facilityin Lakewood, but they would likely transfer serious cases to nearby hospitals <br />anyway. Moreover, ambulances today are readily available and are equipped within better <br />emergency treatment capacity enroute than they were in 1977. <br />Lastly, the ordinance now reads, “Where indicated,” a physician or nurse should accompany the <br />patient on the way to the hospital. One presumes that “where indicated” means if necessary <br />because of the nature of the medical emergency. That could be stated in terms. <br />Perhaps the language could be updated to read, “A facility shall have available adequate <br />emergency transportation services for patients requiring transfer to a hospital for treatment. <br />Transfer agreements between the facility and the hospital shall be concluded under terms ofOhio <br />law. A facility shall be located not more than thirty minutes travel time from the hospital with <br />which emergency admission arrangements are made. When indicated by the nature of the <br />medical emergency, a physician or nurse from the facility shall accompany the patient to provide <br />emergency care enroute.” <br />6. 503.18 MEDICAL RECORDS <br />This section contains detailed requirements for making and keeping of medical records. <br />Comment: The United States Supreme Court has long affirmed the constitutionality of keeping <br />medical records in connection with abortion procedures, and it explicitly did so in Planned <br />Parenthood v. Casey, supra,(“The collection of information with respect to actual patients is a <br />vital element of medical research,” 505 U.S., at 900-01). <br />7. 503.19 PATIENT CARE; ADMISSION AND REGISTRATION <br />(c) A person cared for in a facility shall be seen by, and be under the care of a currently <br />licensed physician. <br />Comment: Ever since Roe v. Wade, the Supreme Court has consistently held that a state or <br />municipality can require that only a physician may perform an abortion. In Roe v. Wade, the <br />Court declared, “The State may define the term "physician" … to mean only a physician <br />currently licensed by the State, and may proscribe any abortion by a person who is not a <br />physician as so defined,” 410 U.S., at 165.This also applies to Section 503.26. <br />8. 503.20 through 503.25 REGULATIONS AND QUALIFICATIONS <br />Comment: Presuming no conflict with state law provisions, I see these sections as appropriate <br />regulations. <br />5 <br /> <br />