OHIO.
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TITLE 1. STATE GOVERNMENT
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§
124.85. Use of state funds for nontherapeutic abortion benefits.
(A)
As used in this section:
(1)
"Nontherapeutic abortion" means an abortion that is performed or induced
when the life of the mother would not be endangered if the fetus were carried
to term or when the pregnancy of the mother was not the result of rape or
incest reported to a law enforcement agency.
(2)
"Policy, contract, or plan" means a policy, contract, or plan of one
or more insurance companies, medical care corporations, health care
corporations, health maintenance organizations, preferred provider
organizations, or other entities that provides health, medical, hospital, or
surgical coverage, benefits, or services to elected or appointed officers or
employees of the state, including a plan that is associated with a
self-insurance program and a policy, contract, or plan that implements a
collective bargaining agreement.
(3)
"State" has the same meaning as in section 2744.01 of the Revised
Code.
(B)
Subject to division (C) of this section, but notwithstanding other provisions
of the Revised Code that conflict with the prohibition specified in this
division, funds of the state shall not be expended directly or indirectly to
pay the costs, premiums, or charges associated with a policy, contract, or plan
if the policy, contract, or plan provides coverage, benefits, or services
related to a nontherapeutic abortion.
C)
Division (B) of this section does not preclude the state from expending funds
to pay the costs, premiums, or charges associated with a policy, contract, or
plan that includes a rider or other provision offered on an individual basis
under which an elected or appointed official or employee who accepts the offer
of the rider or provision may obtain coverage of a nontherapeutic abortion
through the policy, contract, or plan if the individual pays for all of the
costs, premiums, or charges associated with the rider or provision, including
all administrative expenses related to the rider or provision and any claim
made for a nontherapeutic abortion.
(D)
In addition to the laws specified in division (A) of section 4117.10 of the
Revised Code that prevail over conflicting provisions of agreements between
employee organizations and public employers, divisions (B) and (C) of this
section shall prevail over conflicting provisions of that nature.
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TITLE XXI COURTS -
PROBATE - JUVENILE
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§
2151.85. Unmarried minor may seek abortion without notice to parent, guardian
or custodian.
(A) A
woman who is pregnant, unmarried, under eighteen years of age, and
unemancipated and who wishes to have an abortion without the notification of
her parents, guardian, or custodian may file a complaint in the juvenile court
of the county in which she has a residence or legal settlement, in the juvenile
court of any county that borders to any extent the county in which she has a
residence or legal settlement, or in the juvenile court of the county in which
the hospital, clinic, or other facility in which the abortion would be
performed or induced is located, requesting the issuance of an order
authorizing her to consent to the performance or inducement of an abortion
without the notification of her parents, guardian, or custodian.
The
complaint shall be made under oath and shall include all of the following:
(1) A statement that the complainant is
pregnant;
(2) A statement that the complainant is unmarried,
under eighteen years of age, and unemancipated;
(3) A statement that the complainant wishes
to have an abortion without the notification of her parents, guardian, or
custodian;
(4) An allegation of either or both of the
following:
(a) That the complainant is sufficiently
mature and well enough informed to intelligently decide whether to have an
abortion without the notification of her parents, guardian, or custodian;
(b) That one or both of her parents, her
guardian, or her custodian was engaged in a pattern of physical, sexual, or
emotional abuse against her, or that the notification of her parents, guardian,
or custodian otherwise is not in her best interest.
(5) A statement as to whether the complainant
has retained an attorney and, if she has retained an attorney, the name,
address, and telephone number of her attorney.
(B) (1)
The court shall fix a time for a hearing on any complaint filed pursuant
to division (A) of this section and shall keep a record of all testimony and
other oral proceedings in the action. The court shall hear and determine the
action and shall not refer any portion of it to a referee. The hearing shall be
held at the earliest possible time, but not later than the fifth business day after
the day that the complaint is filed. The court shall enter judgment on the
complaint immediately after the hearing is concluded. If the hearing required
by this division is not held by the fifth business day after the complaint is
filed, the failure to hold the hearing shall be considered to be a constructive
order of the court authorizing the complainant to consent to the performance or
inducement of an abortion without the notification of her parent, guardian, or
custodian, and the complainant and any other person may rely on the
constructive order to the same extent as if the court actually had issued an
order under this section authorizing the complainant to consent to the
performance or inducement of an abortion without such notification.
(2)
The court shall appoint a guardian ad litem to protect the interests of the
complainant at the hearing that is held pursuant to this section. If the
complainant has not retained an attorney, the court shall appoint an attorney
to represent her. If the guardian ad litem is an attorney admitted to the
practice of law in this state, the court also may appoint him to serve as the
complainant's attorney.
(C) (1)
If the complainant makes only the allegation set forth in division
(A)(4)(a) of this section and if the court finds, by clear and convincing
evidence, that the complainant is sufficiently mature and well enough informed
to decide intelligently whether to have an abortion, the court shall issue an
order authorizing the complainant to consent to the performance or inducement
of an abortion without the notification of her parents, guardian, or custodian.
If the court does not make the finding specified in this division, it shall
dismiss the complaint.
(2) If the complainant makes only the
allegation set forth in division (A)(4)(b) of this section and if the court
finds, by clear and convincing evidence, that there is evidence of a pattern of
physical, sexual, or emotional abuse of the complainant by one or both of her
parents, her guardian, or her custodian, or that the notification of the
parents, guardian, or custodian of the complainant otherwise is not in the best
interest of the complainant, the court shall issue an order authorizing the
complainant to consent to the performance or inducement of an abortion without
the notification of her parents, guardian, or custodian. If the court does not
make the finding specified in this division, it shall dismiss the
complaint.
(3) If the complainant makes both of the
allegations set forth in divisions (A)(4)(a) and (b) of this section, the court
shall proceed as follows:
(a) The court first shall determine whether
it can make the finding specified in division (C)(1) of this section and, if so,
shall issue an order pursuant to that division. If the court issues such an
order, it shall not proceed pursuant to division (C)(3)(b) of this section. If
the court does not make the finding specified in division (C)(1) of this
section, it shall proceed pursuant to division (C)(3)(b) of this section.
(b) If the court pursuant to division
(C)(3)(a) of this section does not make the finding specified in division
(C)(1) of this section, it shall proceed to determine whether it can make the
finding specified in division (C)(2) of this section and, if so, shall issue an
order pursuant to that division. If the court does not make the finding
specified in division (C)(2) of this section, it shall dismiss the
complaint.
(D)
The court shall not notify the parents, guardian, or custodian of the
complainant that she is pregnant or that she wants to have an abortion.
(E)
If the court dismisses the complaint, it immediately shall notify the
complainant that she has a right to appeal under section 2505.073 [2505.07.3]
of the Revised Code.
(F)
Each hearing under this section shall be conducted in a manner that will
preserve the anonymity of the complainant. The complaint and all other papers
and records that pertain to an action commenced under this section shall be
kept confidential and are not public records under section 149.43 of the
Revised Code.
(G)
The clerk of the supreme court shall prescribe complaint and notice of
appeal forms that shall be used by a complainant filing a complaint under this
section and by an appellant filing an appeal under section 2505.073 [2505.07.3]
of the Revised Code. The clerk of each juvenile court shall furnish blank
copies of the forms, without charge, to any person who requests them.
(H) No
filing fee shall be required of, and no court costs shall be assessed against,
a complainant filing a complaint under this section or an appellant filing an
appeal under section 2505.073 [2505.07.3] of the Revised Code.
(I)
As used in this section, "unemancipated" means that a woman
who is unmarried and under eighteen years of age has not entered the armed
services of the United States, has not become employed and self-subsisting, or
has not otherwise become independent from the care and control of her parent,
guardian, or custodian.
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TITLE XXIII COURTS -
COMMON PLEAS
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§
2307.52. Civil liability for terminating or attempting termination of pregnancy
after viability. [These provisions have been held to be unconstitutional and unenforceable.]
(A)
As used in this section:
(1)
"Frivolous conduct" has the same meaning as in section 2323.51 of the
Revised Code.
(2)
"Viable" has the same meaning as in section 2919.16 of the Revised
Code.
(B)
(1) A woman upon whom an abortion is purposely performed or induced or
attempted to be performed or induced in violation of division (A) of section
2919.17 of the Revised Code has and may commence a civil action for
compensatory damages, punitive or exemplary damages if authorized by section
2315.21 of the Revised Code, and court costs and reasonable attorney's fees
against the person who purposely performed or induced or attempted to perform
or induce the abortion in violation of division (A) of section 2919.17 of the
Revised Code.
(2)
A woman upon whom an abortion is purposely performed or induced or attempted to
be performed or induced in violation of division (B) of section 2919.17 of the
Revised Code has and may commence a civil action for compensatory damages,
punitive or exemplary damages if authorized by section 2315.21 of the Revised
Code, and court costs and reasonable attorney's fees against the person who
purposely performed or induced or attempted to perform or induce the abortion
in violation of division (B) of section 2919.17 of the Revised Code.
(C)
If a judgment is rendered in favor of the defendant in a civil action commenced
pursuant to division (B)(1) or (2) of this section and the court finds, upon
the filing of a motion under section 2323.51 of the Revised Code, that the
commencement of the civil action constitutes frivolous conduct and that the
defendant was adversely affected by the frivolous conduct, the court shall
award in accordance with section 2323.51 of the Revised Code reasonable
attorney's fees to the defendant.
§
2307.53. Civil action for partial birth feticide; sanction for frivolous
conduct.
(A)
As used in this section:
(1)
"Frivolous conduct" has the same meaning as in section 2323.51 of the
Revised Code.
(2)
"Partial birth procedure" has the same meaning as in section 2919.151
[2919.15.1] of the Revised Code.
(B)
A woman upon whom a partial birth procedure is performed in violation of
division (B) or (C) of section 2919.151 [2919.15.1] of the Revised Code, the
father of the child if the child was not conceived by rape, or the parent of
the woman if the woman is not eighteen years of age or older at the time of the
violation has and may commence a civil action for compensatory damages,
punitive or exemplary damages if authorized by section 2315.21 of the Revised
Code, and court costs and reasonable attorney's fees against the person who
committed the violation.
(C)
If a judgment is rendered in favor of the defendant in a civil action commenced
pursuant to division (B) of this section and the court finds, upon the filing
of a motion under section 2323.51 of the Revised Code, that the commencement of
the civil action constitutes frivolous conduct and that the defendant was
adversely affected by the frivolous conduct, the court shall award in
accordance with section 2323.51 of the Revised Code reasonable attorney's fees
to the defendant.
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§
2317.56. Information to be provided to woman prior to abortion; consent form;
medical emergency or necessity; liability of noncomplying physician and
employer; publication of informational materials. [These provisions have
been held to be unenforceable. Previous
provisions that are very similar are in effect.]
(A)
As used in this section:
(1)
"Medical emergency" means a condition of a pregnant woman that, in
the reasonable judgment of the physician who is attending the woman, creates an
immediate threat of serious risk to the life or physical health of the woman
from the continuation of the pregnancy necessitating the immediate performance
or inducement of an abortion.
(2)
"Medical necessity" means a medical condition of a pregnant woman
that, in the reasonable judgment of the physician who is attending the woman,
so complicates the pregnancy that it necessitates the immediate performance or
inducement of an abortion.
(3)
"Probable gestational age of the embryo or fetus" means the
gestational age that, in the judgment of a physician, is, with reasonable probability,
the gestational age of the embryo or fetus at the time that the physician
informs a pregnant woman pursuant to division (B)(1)(b) of this section.
(B)
Except when there is a medical emergency or medical necessity, an abortion
shall be performed or induced only if all of the following conditions are
satisfied:
(1)
At least twenty-four hours prior to the performance or inducement of the
abortion, a physician meets with the pregnant woman in person in an individual,
private setting and gives her an adequate opportunity to ask questions about
the abortion that will be performed or induced. At this meeting, the physician
shall inform the pregnant woman, verbally or, if she is hearing impaired, by
other means of communication, of all of the following:
(a)
The nature and purpose of the particular abortion procedure to be used and the
medical risks associated with that procedure;
(b)
The probable gestational age of the embryo or fetus;
(c)
The medical risks associated with the pregnant woman carrying the pregnancy to
term.
The
meeting need not occur at the facility where the abortion is to be performed or
induced, and the physician involved in the meeting need not be affiliated with
that facility or with the physician who is scheduled to perform or induce the
abortion.
(2)
At least twenty-four hours prior to the performance or inducement of the
abortion, one or more physicians or one or more agents of one or more
physicians do each of the following in person, by telephone, by certified mail,
return receipt requested, or by regular mail evidenced by a certificate of
mailing:
(a)
Inform the pregnant woman of the name of the physician who is scheduled to
perform or induce the abortion;
(b)
Give the pregnant woman copies of the published materials described in division
(C) of this section;
(c)
Inform the pregnant woman that the materials given pursuant to division
(B)(2)(b) of this section are provided by the state and that they describe the
embryo or fetus and list agencies that offer alternatives to abortion. The
pregnant woman may choose to examine or not to examine the materials. A
physician or an agent of a physician may choose to be disassociated from the
materials and may choose to comment or not comment on the materials.
(3)
Prior to the performance or inducement of the abortion, the pregnant woman
signs a form consenting to the abortion and certifies both of the following on
that form:
(a)
She has received the information and materials described in divisions (B)(1)
and (2) of this section, and her questions about the abortion that will be
performed or induced have been answered in a satisfactory manner.
(b)
She consents to the particular abortion voluntarily, knowingly, intelligently,
and without coercion by any person, and she is not under the influence of any
drug of abuse or alcohol.
(4)
Prior to the performance or inducement of the abortion, the physician who is
scheduled to perform or induce the abortion or the physician's agent receives a
copy of the pregnant woman's signed form on which she consents to the abortion
and that includes the certification required by division (B)(3) of this
section.
(C)
The department of health shall cause to be published in English and in Spanish,
in a typeface large enough to be clearly legible, and in an easily
comprehensible format, the following materials:
(1)
Materials that inform the pregnant woman about family planning information, of
publicly funded agencies that are available to assist in family planning, and
of public and private agencies and services that are available to assist her
through the pregnancy, upon childbirth, and while the child is dependent,
including, but not limited to, adoption agencies. The materials shall be geographically
indexed; include a comprehensive list of the available agencies, a description
of the services offered by the agencies, and the telephone numbers and
addresses of the agencies; and inform the pregnant woman about available
medical assistance benefits for prenatal care, childbirth, and neonatal care
and about the support obligations of the father of a child who is born alive.
The department shall ensure that the materials described in division (C)(1) of
this section are comprehensive and do not directly or indirectly promote,
exclude, or discourage the use of any agency or service described in this
division.
(2)
Materials that inform the pregnant woman of the probable anatomical and
physiological characteristics of the zygote, blastocyte, embryo, or fetus at
two-week gestational increments for the first sixteen weeks of pregnancy and at
four-week gestational increments from the seventeenth week of pregnancy to full
term, including any relevant information regarding the time at which the fetus
possibly would be viable. The department shall cause these materials to be
published only after it consults with the Ohio state medical association and
the Ohio section of the American college of obstetricians and gynecologists
relative to the probable anatomical and physiological characteristics of a
zygote, blastocyte, embryo, or fetus at the various gestational increments. The
materials shall use language that is understandable by the average person who
is not medically trained, shall be objective and nonjudgmental, and shall
include only accurate scientific information about the zygote, blastocyte,
embryo, or fetus at the various gestational increments. If the materials use a
pictorial, photographic, or other depiction to provide information regarding
the zygote, blastocyte, embryo, or fetus, the materials shall include, in a
conspicuous manner, a scale or other explanation that is understandable by the
average person and that can be used to determine the actual size of the zygote,
blastocyte, embryo, or fetus at a particular gestational increment as
contrasted with the depicted size of the zygote, blastocyte, embryo, or fetus
at that gestational increment.
(D)
Upon the submission of a request to the department of health by any person,
hospital, physician, or medical facility for one or more copies of the
materials published in accordance with division (C) of this section, the
department shall make the requested number of copies of the materials available
to the person, hospital, physician, or medical facility that requested the
copies.
(E)
If a medical emergency or medical necessity compels the performance or
inducement of an abortion, the physician who will perform or induce the
abortion, prior to its performance or inducement if possible, shall inform the
pregnant woman of the medical indications supporting the physician's judgment
that an immediate abortion is necessary. Any physician who performs or induces
an abortion without the prior satisfaction of the conditions specified in
division (B) of this section because of a medical emergency or medical
necessity shall enter the reasons for the conclusion that a medical emergency
or medical necessity exists in the medical record of the pregnant woman.
(F)
If the conditions specified in division (B) of this section are satisfied,
consent to an abortion shall be presumed to be valid and effective.
(G)
The performance or inducement of an abortion without the prior satisfaction of
the conditions specified in division (B) of this section does not constitute,
and shall not be construed as constituting, a violation of division (A) of
section 2919.12 of the Revised Code. The failure of a physician to satisfy the
conditions of division (B) of this section prior to performing or inducing an
abortion upon a pregnant woman may be the basis of both of the following:
(1)
A civil action for compensatory and exemplary damages as described in division
(H) of this section;
(2)
Disciplinary action under section 4731.22 of the Revised Code.
(H)
(1) Subject to divisions (H)(2) and (3) of this section, any physician
who performs or induces an abortion with actual knowledge that the conditions
specified in division (B) of this section have not been satisfied or with a
heedless indifference as to whether those conditions have been satisfied is
liable in compensatory and exemplary damages in a civil action to any person,
or the representative of the estate of any person, who sustains injury, death,
or loss to person or property as a result of the failure to satisfy those
conditions. In the civil action, the court additionally may enter any
injunctive or other equitable relief that it considers appropriate.
(2)
The following shall be affirmative defenses in a civil action authorized by
division (H)(1) of this section:
(a)
The physician performed or induced the abortion under the circumstances
described in division (E) of this section.
(b)
The physician made a good faith effort to satisfy the conditions specified in
division (B) of this section.
(c)
The physician or an agent of the physician requested copies of the materials
published in accordance with division (C) of this section from the department
of health, but the physician was not able to give a pregnant woman copies of
the materials pursuant to division (B)(2) of this section and to obtain a
certification as described in divisions (B)(3) and (4) of this section because
the department failed to make the requested number of copies available to the
physician or agent in accordance with division (D) of this section.
(3)
An employer or other principal is not liable in damages in a civil action
authorized by division (H)(1) of this section on the basis of the doctrine of
respondeat superior unless either of the following applies:
(a)
The employer or other principal had actual knowledge or, by the exercise of
reasonable diligence, should have known that an employee or agent performed or
induced an abortion with actual knowledge that the conditions specified in
division (B) of this section had not been satisfied or with a heedless
indifference as to whether those conditions had been satisfied.
(b)
The employer or other principal negligently failed to secure the compliance of
an employee or agent with division (B) of this section.
(4)
Notwithstanding division (E) of section 2919.12 of the Revised Code, the civil
action authorized by division (H)(1) of this section shall be the exclusive
civil remedy for persons, or the representatives of estates of persons, who
allegedly sustain injury, death, or loss to person or property as a result of a
failure to satisfy the conditions specified in division (B) of this
section.
(I)
The department of job and family services shall prepare and conduct a public
information program to inform women of all available governmental programs and
agencies that provide services or assistance for family planning, prenatal
care, child care, or alternatives to abortion.
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TITLE XXV COURTS -
APPELLATE
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[§
2505.07.3] § 2505.073. Minor may appeal denial of abortion without notice to
parent, guardian or custodian.
(A)
A complainant whose complaint under section 2151.85 of the Revised Code is
dismissed by a juvenile court, may appeal in accordance with this section.
Within four days after a notice of appeal is filed in an action arising under
that section, the clerk of the juvenile court shall deliver a copy of the
notice of appeal and the record on appeal to the clerk of the court of appeals
named in the notice. Upon receipt of the notice and record, the clerk of the
court of appeals shall place the appeal on the docket of the court.
The
appellant shall file her brief within four days after the appeal is docketed.
Unless the appellant waives the right to oral argument, the court of appeals
shall hear oral argument within five days after the appeal is docketed. The
court of appeals shall enter judgment in the appeal immediately after the oral
argument or, if oral argument has been waived, within five days after the
appeal is docketed.
No
filing fee shall be required of, and no court costs shall be assessed against,
an appellant who appeals under this section.
Upon
motion of the appellant and for good cause shown, the court of appeals may
shorten or extend any of the maximum times set forth in this division. However,
in any case, if judgment is not entered within five days after the appeal is
docketed, the failure to enter the judgment shall be considered to be a
constructive order of the court authorizing the appellant to consent to the
performance or inducement of an abortion without the notification of her
parent, guardian, or custodian, and the appellant and any other person may rely
on the constructive order to the same extent as if the court actually had
entered a judgment under this section authorizing the appellant to consent to
the performance or inducement of an abortion without such notification.
In
the interest of justice, the court of appeals, in an appeal in accordance with
this section, shall liberally modify or dispense with the formal requirements
that normally apply as to the contents and form of an appellant's brief.
(B)
All proceedings under division (A) of this section shall be conducted in a
manner that will preserve the anonymity of the appellant on appeal. All papers
and records that pertain to an appeal under this section shall be kept
confidential and are not public records under section 149.43 of the Revised
Code.
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TITLE XXVII COURTS -
GENERAL PROVISIONS - SPECIAL REMEDIES
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§
2701.15. Court may not order abortion.
No
person shall be ordered by a court to submit to an abortion.
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§
2901.01. Definitions.
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(B)
(1) (a) Subject to division (B)(2) of this section, as used in any
section contained in Title XXIX [29] of the Revised Code that sets forth a
criminal offense, "person" includes all of the following:
(i)
An individual, corporation, business trust, estate, trust, partnership, and
association;
(ii)
An unborn human who is viable.
(b)
As used in any section contained in Title XXIX [29] of the Revised Code that
does not set forth a criminal offense, "person" includes an
individual, corporation, business trust, estate, trust, partnership, and
association.
(c)
As used in division (B)(1)(a) of this section:
(i)
"Unborn human" means an individual organism of the species Homo
sapiens from fertilization until live birth.
(ii)
"Viable" means the stage of development of a human fetus at which there
is a realistic possibility of maintaining and nourishing of a life outside the
womb with or without temporary artificial life-sustaining support.
(2)
Notwithstanding division (B)(1)(a) of this section, in no case shall the
portion of the definition of the term "person" that is set forth in
division (B)(1)(a)(ii) of this section be applied or construed in any section
contained in Title XXIX [29] of the Revised Code that sets forth a criminal
offense in any of the following manners:
(a)
Except as otherwise provided in division (B)(2)(a) of this section, in a manner
so that the offense prohibits or is construed as prohibiting any pregnant woman
or her physician from performing an abortion with the consent of the pregnant
woman, with the consent of the pregnant woman implied by law in a medical
emergency, or with the approval of one otherwise authorized by law to consent
to medical treatment on behalf of the pregnant woman. An abortion that violates
the conditions described in the immediately preceding sentence may be punished
as a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06,
2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22 of the Revised
Code, as applicable. An abortion that does not violate the conditions described
in the second immediately preceding sentence, but that does violate section
2919.12, division (B) of section 2919.13, or section 2919.151 [2919.15.1],
2919.17, or 2919.18 of the Revised Code, may be punished as a violation of
section 2919.12, division (B) of section 2919.13, or section 2919.151
[2919.15.1], 2919.17, or 2919.18 of the Revised Code, as applicable. Consent is
sufficient under this division if it is of the type otherwise adequate to
permit medical treatment to the pregnant woman, even if it does not comply with
section 2919.12 of the Revised Code.
(b)
In a manner so that the offense is applied or is construed as applying to a
woman based on an act or omission of the woman that occurs while she is or was
pregnant and that results in any of the following:
(i)
Her delivery of a stillborn baby;
(ii)
Her causing, in any other manner, the death in utero of a viable, unborn human
that she is carrying;
(iii)
Her causing the death of her child who is born alive but who dies from one or
more injuries that are sustained while the child is a viable, unborn
human;
(iv)
Her causing her child who is born alive to sustain one or more injuries while
the child is a viable, unborn human;
(v)
Her causing, threatening to cause, or attempting to cause, in any other manner,
an injury, illness, or other physiological impairment, regardless of its
duration or gravity, or a mental illness or condition, regardless of its
duration or gravity, to a viable, unborn human that she is carrying.
*
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§
2903.09. Legal abortions and acts or omissions of pregnant woman excepted from
liability.
As
used in sections 2903.01 to 2903.08, 2903.11 to 2903.14, 2903.21, and 2903.22
of the Revised Code:
(A)
"Unlawful termination of another's pregnancy" means causing the death
of an unborn member of the species homo sapiens, who is or was carried in the
womb of another, as a result of injuries inflicted during the period that
begins with fertilization and that continues unless and until live birth occurs.
(B)
"Another's unborn" or "such other person's unborn" means a
member of the species homo sapiens, who is or was carried in the womb of
another, during a period that begins with fertilization and that continues
unless and until live birth occurs.
(C)
Notwithstanding divisions (A) and (B) of this section, in no case shall the
definitions of the terms "unlawful termination of another's
pregnancy," "another's unborn," and "such other person's
unborn" that are set forth in division (A) of this section be applied or
construed in any of the following manners:
(1)
Except as otherwise provided in division (C)(1) of this section, in a manner so
that the offense prohibits or is construed as prohibiting any pregnant woman or
her physician from performing an abortion with the actual consent of the
pregnant woman, with the consent of the pregnant woman implied by law in a
medical emergency, or with the approval of one otherwise authorized by law to
consent to medical treatment on behalf of the pregnant woman. An abortion that
violates the conditions described in the immediately preceding sentence may be
punished as a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.05,
2903.06, 2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22 of
the Revised Code, as applicable. An abortion that does not violate the
conditions described in the second immediately preceding sentence, but that
does violate section 2919.12, division (B) of section 2919.13, or section 2919.151
[2919.15.1], 2919.17, or 2919.18 of the Revised Code, may be punished as a
violation of section 2919.12, division (B) of section 2919.13, or section
2919.151 [2919.15.1], 2919.17, or 2919.18 of the Revised Code, as
applicable.
(2)
In a manner so that the offense is applied or is construed as applying to a
woman based on an act or omission of the woman that occurs while she is or was
pregnant and that results in any of the following:
(a)
Her delivery of a stillborn baby;
(b)
Her causing, in any other manner, the death in utero of an unborn that she is
carrying;
(c)
Her causing the death of her child who is born alive but who dies from one or
more injuries that are sustained while the child is an unborn;
(d)
Her causing her child who is born alive to sustain one or more injuries while
the child is an unborn;
(e)
Her causing, threatening to cause, or attempting to cause, in any other manner,
an injury, illness, or other physiological impairment, regardless of its
duration or gravity, or a mental illness or condition, regardless of its
duration or gravity, to an unborn that she is carrying.
*
* *
§
2919.11. Definition of abortion.
As
used in the Revised Code, "abortion" means the purposeful termination
of a human pregnancy by any person, including the pregnant woman herself, with
an intention other than to produce a live birth or to remove a dead fetus or
embryo. Abortion is the practice of medicine or surgery for the purposes of
section 4731.41 of the Revised Code.
§
2919.12. Unlawful abortion.
(A)
No person shall perform or induce an abortion without the informed consent of
the pregnant woman.
(B)
(1) (a) No person shall knowingly perform or induce an abortion upon a
woman who is pregnant, unmarried, under eighteen years of age, and
unemancipated unless at least one of the following applies:
(i)
Subject to division (B)(2) of this section, the person has given at least
twenty-four hours actual notice, in person or by telephone, to one of the
woman's parents, her guardian, or her custodian as to the intention to perform
or induce the abortion, provided that if the woman has requested, in accordance
with division (B)(1)(b) of this section, that notice be given to a specified
brother or sister of the woman who is twenty-one years of age or older or to a
specified stepparent or grandparent of the woman instead of to one of her
parents, her guardian, or her custodian, and if the person is notified by a
juvenile court that affidavits of the type described in that division have been
filed with that court, the twenty-four hours actual notice described in this
division as to the intention to perform or induce the abortion shall be given,
in person or by telephone, to the specified brother, sister, stepparent, or
grandparent instead of to the parent, guardian, or custodian;
(ii)
One of the woman's parents, her guardian, or her custodian has consented in
writing to the performance or inducement of the abortion;
(iii)
A juvenile court pursuant to section 2151.85 of the Revised Code issues an
order authorizing the woman to consent to the abortion without notification of
one of her parents, her guardian, or her custodian;
(iv)
A juvenile court or a court of appeals, by its inaction, constructively has
authorized the woman to consent to the abortion without notification of one of
her parents, her guardian, or her custodian under division (B)(1) of section
2151.85 or division (A) of section 2505.073 [2505.07.3] of the Revised
Code.
(b)
If a woman who is pregnant, unmarried, under eighteen years of age, and
unemancipated desires notification as to a person's intention to perform or
induce an abortion on the woman to be given to a specified brother or sister of
the woman who is twenty-one years of age or older or to a specified stepparent
or grandparent of the woman instead of to one of her parents, her guardian, or
her custodian, the person who intends to perform or induce the abortion shall
notify the specified brother, sister, stepparent, or grandparent instead of the
parent, guardian, or custodian for purposes of division (B)(1)(a)(i) of this
section if all of the following apply:
(i)
The woman has requested the person to provide the notification to the specified
brother, sister, stepparent, or grandparent, clearly has identified the
specified brother, sister, stepparent, or grandparent and her relation to that
person, and, if the specified relative is a brother or sister, has indicated
the age of the brother or sister;
(ii)
The woman has executed an affidavit stating that she is in fear of physical,
sexual, or severe emotional abuse from the parent, guardian, or custodian who
otherwise would be notified under division (B)(1)(a)(i) of this section, and
that the fear is based on a pattern of physical, sexual, or severe emotional
abuse of her exhibited by that parent, guardian, or custodian, has filed the
affidavit with the juvenile court of the county in which the woman has a
residence or legal settlement, the juvenile court of any county that borders to
any extent the county in which she has a residence or legal settlement, or the
juvenile court of the county in which the hospital, clinic, or other facility
in which the abortion would be performed or induced is located, and has given
the court written notice of the name and address of the person who intends to
perform or induce the abortion;
(iii)
The specified brother, sister, stepparent, or grandparent has executed an
affidavit stating that the woman has reason to fear physical, sexual, or severe
emotional abuse from the parent, guardian, or custodian who otherwise would be
notified under division (B)(1)(a)(i) of this section, based on a pattern of
physical, sexual, or severe emotional abuse of her by that parent, guardian, or
custodian, and the woman or the specified brother, sister, stepparent, or
grandparent has filed the affidavit with the juvenile court in which the
affidavit described in division (B)(1)(b)(ii) of this section was filed;
(iv)
The juvenile court in which the affidavits described in divisions (B)(1)(b)(ii)
and (iii) of this section were filed has notified the person that both of those
affidavits have been filed with the court.
(c)
If an affidavit of the type described in division (B)(1)(b)(ii) of this section
and an affidavit of the type described in division (B)(1)(b)(iii) of this
section are filed with a juvenile court and the court has been provided with
written notice of the name and address of the person who intends to perform or induce
an abortion upon the woman to whom the affidavits pertain, the court promptly
shall notify the person who intends to perform or induce the abortion that the
affidavits have been filed. If possible, the notice to the person shall be
given in person or by telephone.
(2)
If division (B)(1)(a)(ii), (iii), or (iv) of this section does not apply, and
if no parent, guardian, or custodian can be reached for purposes of division
(B)(1)(a)(i) of this section after a reasonable effort, or if notification is
to be given to a specified brother, sister, stepparent, or grandparent under
that division and the specified brother, sister, stepparent, or grandparent
cannot be reached for purposes of that division after a reasonable effort, no
person shall perform or induce such an abortion without giving at least
forty-eight hours constructive notice to one of the woman's parents, her
guardian, or her custodian, by both certified and ordinary mail sent to the
last known address of the parent, guardian, or custodian, or if notification
for purposes of division (B)(1)(a)(i) of this section is to be given to a
specified brother, sister, stepparent, or grandparent, without giving at least
forty-eight hours constructive notice to that specified brother, sister,
stepparent, or grandparent by both certified and ordinary mail sent to the last
known address of that specified brother, sister, stepparent, or grandparent.
The forty-eight-hour period under this division begins when the certified mail
notice is mailed. If a parent, guardian, or custodian of the woman, or if
notification under division (B)(1)(a)(i) of this section is to be given to a
specified brother, sister, stepparent, or grandparent, the specified brother,
sister, stepparent, or grandparent, is not reached within the forty-eight-hour
period, the abortion may proceed even if the certified mail notice is not
received.
(3)
If a parent, guardian, custodian, or specified brother, sister, stepparent, or
grandparent who has been notified in accordance with division (B)(1) or (2) of
this section clearly and unequivocally expresses that he or she does not wish
to consult with a pregnant woman prior to her abortion, then the abortion may
proceed without any further waiting period.
(4)
For purposes of prosecutions for a violation of division (B)(1) or (2) of this
section, it shall be a rebuttable presumption that a woman who is unmarried and
under eighteen years of age is unemancipated.
(C)
(1) It is an affirmative defense to a charge under division (B)(1) or (2)
of this section that the pregnant woman provided the person who performed or
induced the abortion with false, misleading, or incorrect information about her
age, marital status, or emancipation, about the age of a brother or sister to
whom she requested notice be given as a specified relative instead of to one of
her parents, her guardian, or her custodian, or about the last known address of
either of her parents, her guardian, her custodian, or a specified brother,
sister, stepparent, or grandparent to whom she requested notice be given and
the person who performed or induced the abortion did not otherwise have
reasonable cause to believe the pregnant woman was under eighteen years of age,
unmarried, or unemancipated, to believe that the age of a brother or sister to
whom she requested notice be given as a specified relative instead of to one of
her parents, her guardian, or her custodian was not twenty-one years of age, or
to believe that the last known address of either of her parents, her guardian,
her custodian, or a specified brother, sister, stepparent, or grandparent to
whom she requested notice be given was incorrect.
(2)
It is an affirmative defense to a charge under this section that compliance
with the requirements of this section was not possible because an immediate
threat of serious risk to the life or physical health of the pregnant woman
from the continuation of her pregnancy created an emergency necessitating the
immediate performance or inducement of an abortion.
(D)
Whoever violates this section is guilty of unlawful abortion. A violation of
division (A) of this section is a misdemeanor of the first degree on the first
offense and a felony of the fourth degree on each subsequent offense. A
violation of division (B) of this section is a misdemeanor of the first degree
on a first offense and a felony of the fifth degree on each subsequent
offense.
(E)
Whoever violates this section is liable to the pregnant woman and her parents, guardian,
or custodian for civil compensatory and exemplary damages.
(F)
As used in this section "unemancipated" means that a woman who is
unmarried and under eighteen years of age has not entered the armed services of
the United States, has not become employed and self-subsisting, or has not
otherwise become independent from the care and control of her parent, guardian,
or custodian.
[§
2919.12.1] § 2919.121. Performing or inducing unlawful abortion upon minor. [These provisions are unenforceable.]
(A)
For the purpose of this section, a minor shall be considered
"emancipated" if the minor has married, entered the armed services of
the United States, become employed and self-subsisting, or has otherwise become
independent from the care and control of her parent, guardian, or
custodian.
(B)
No person shall knowingly perform or induce an abortion upon a pregnant minor
unless one of the following is the case:
(1)
The attending physician has secured the informed written consent of the minor and
one parent, guardian, or custodian;
(2)
The minor is emancipated and the attending physician has received her written
informed consent;
(3)
The minor has been authorized to consent to the abortion by a court order
issued pursuant to division (C) of this section, and the attending physician
has received her informed written consent;
(4)
The court has given its consent in accordance with division (C) of this section
and the minor is having the abortion willingly.
(C)
The right of a minor to consent to an abortion under division (B)(3) of this
section or judicial consent to obtain an abortion under division (B)(4) of this
section may be granted by a court order pursuant to the following
procedures:
(1)
The minor or next friend shall make an application to the juvenile court of the
county in which the minor has a residence or legal settlement, the juvenile
court of any county that borders the county in which she has a residence or
legal settlement, or the juvenile court of the county in which the facility in
which the abortion would be performed or induced is located. The juvenile court
shall assist the minor or next friend in preparing the petition and notices
required by this section. The minor or next friend shall thereafter file a petition
setting forth all of the following: the initials of the minor; her age; the
names and addresses of each parent, guardian, custodian, or, if the minor's
parents are deceased and no guardian has been appointed, any other person
standing in loco parentis of the minor; that the minor has been fully informed
of the risks and consequences of the abortion; that the minor is of sound mind
and has sufficient intellectual capacity to consent to the abortion; that the
minor has not previously filed a petition under this section concerning the
same pregnancy that was denied on the merits; that, if the court does not
authorize the minor to consent to the abortion, the court should find that the
abortion is in the best interests of the minor and give judicial consent to the
abortion; that the court should appoint a guardian ad litem; and if the minor
does not have private counsel, that the court should appoint counsel. The
petition shall be signed by the minor or the next friend.
(2)
A hearing on the merits shall be held on the record as soon as possible within
five days of filing the petition. If the minor has not retained counsel, the
court shall appoint counsel at least twenty-four hours prior to the hearing.
The court shall appoint a guardian ad litem to protect the interests of the
minor at the hearing. If the guardian ad litem is an attorney admitted to the
practice of law in this state, the court may appoint the guardian ad litem to
serve as the minor's counsel. At the hearing, the court shall hear evidence relating
to the emotional development, maturity, intellect, and understanding of the
minor; the nature, possible consequences, and alternatives to the abortion; and
any other evidence that the court may find useful in determining whether the
minor should be granted the right to consent to the abortion or whether the
abortion is in the best interests of the minor. If the minor or her counsel
fail to appear for a scheduled hearing, jurisdiction shall remain with the
judge who would have presided at the hearing.
(3)
If the court finds that the minor is sufficiently mature and well enough
informed to decide intelligently whether to have an abortion, the court shall
grant the petition and permit the minor to consent to the abortion.
If
the court finds that the abortion is in the best interests of the minor, the
court shall give judicial consent to the abortion, setting forth the grounds
for its finding.
If
the court does not make either of the findings specified in division (C)(3) of this
section, the court shall deny the petition, setting forth the grounds on which
the petition is denied.
The
court shall issue its order not later than twenty-four hours after the end of
the hearing.
(4)
No juvenile court shall have jurisdiction to rehear a petition concerning the
same pregnancy once a juvenile court has granted or denied the petition.
(5)
If the petition is granted, the informed cize:12.0pt;font-family:"Times New Roman"'>
The
petition and all other papers and records that pertain to an action commenced
under this section shall be kept confidential and are not public records under
section 149.43 of the Revised Code.
(8)
No filing fee shall be required of or court costs assessed against a person
filing a petition under this section or appealing an order issued under this
section.
(D)
It is an affirmative defense to any civil, criminal, or professional
disciplinary claim brought under this section that compliance with the
requirements of this section was not possible because an immediate threat of
serious risk to the life or physical health of the minor from the continuation
of her pregnancy created an emergency necessitating the immediate performance
or inducement of an abortion.
(E)
Whoever violates division (B) of this section is guilty of unlawful abortion, a
misdemeanor of the first degree. If the offender previously has been convicted
of or pleaded guilty to a violation of this section, unlawful abortion is a
felony of the fourth degree.
(F)
Whoever violates division (B) of this section is liable to the pregnant minor
and her parents, guardian, or custodian for civil, compensatory, and exemplary
damages.
[§
2919.12.2] § 2919.122. Application of unlawful abortion law; defenses.
Section
2919.121 [2919.12.1] of the Revised Code applies in lieu of division (B) of
section 2919.12 of the Revised Code whenever its operation is not enjoined. If
section 2919.121 [2919.12.1] of the Revised Code is enjoined, division (B) of
section 2919.12 of the Revised Code applies.
If
a person complies with the requirements of division (B) of section 2919.12 of
the Revised Code under the good faith belief that the application or
enforcement of section 2919.121 [2919.12.1] of the Revised Code is subject to a
restraining order or injunction, good faith compliance shall constitute a
complete defense to any civil, criminal, or professional disciplinary action
brought under section 2919.121 [2919.12.1] of the Revised Code.
If
a person complies with the requirements of section 2919.121 [2919.12.1] of the
Revised Code under the good faith belief that it is not subject to a
restraining order or injunction, good faith compliance shall constitute a
complete defense to any criminal, civil, or professional disciplinary action
for failure to comply with the requirements of division (B) of section 2919.12
of the Revised Code.
[§
2919.12.3] § 2919.123. Unlawful distribution of abortion-inducing drug. [These provisions are unenforceable.]
(A)
No person shall knowingly give, sell, dispense, administer, otherwise provide,
or prescribe RU-486 (mifepristone) to another for the purpose of inducing an
abortion in any person or enabling the other person to induce an abortion in
any person, unless the person who gives, sells, dispenses, administers, or
otherwise provides or prescribes the RU-486 (mifepristone) is a physician, the
physician satisfies all the criteria established by federal law that a physician
must satisfy in order to provide RU-486 (mifepristone) for inducing abortions,
and the physician provides the RU-486 (mifepristone) to the other person for
the purpose of inducing an abortion in accordance with all provisions of
federal law that govern the use of RU-486 (mifepristone) for inducing
abortions. A person who gives, sells, dispenses, administers, otherwise
provides, or prescribes RU-486 (mifepristone) to another as described in
division (A) of this section shall not be prosecuted based on a violation of
the criteria contained in this division unless the person knows that the person
is not a physician, that the person did not satisfy all the specified criteria
established by federal law, or that the person did not provide the RU-486
(mifepristone) in accordance with the specified provisions of federal law,
whichever is applicable.
(B)
No physician who provides RU-486 (mifepristone) to another for the purpose of
inducing an abortion as authorized under division (A) of this section shall
knowingly fail to comply with the applicable requirements of any federal law
that pertain to follow-up examinations or care for persons to whom or for whom
RU-486 (mifepristone) is provided for the purpose of inducing an
abortion.
(C)
(1) If a physician provides RU-486 (mifepristone) to another for the
purpose of inducing an abortion as authorized under division (A) of this
section and if the physician knows that the person who uses the RU-486
(mifepristone) for the purpose of inducing an abortion experiences during or
after the use an incomplete abortion, severe bleeding, or an adverse reaction
to the RU-486 (mifepristone) or is hospitalized, receives a transfusion, or
experiences any other serious event, the physician promptly must provide a
written report of the incomplete abortion, severe bleeding, adverse reaction,
hospitalization, transfusion, or serious event to the state medical board. The
board shall compile and retain all reports it receives under this division.
Except as otherwise provided in this division, all reports the board receives
under this division are public records open to inspection under section 149.43
of the Revised Code. In no case shall the board release to any person the name
or any other personal identifying information regarding a person who uses
RU-486 (mifepristone) for the purpose of inducing an abortion and who is the
subject of a report the board receives under this division.
(2)
No physician who provides RU-486 (mifepristone) to another for the purpose of
inducing an abortion as authorized under division (A) of this section shall
knowingly fail to file a report required under division (C)(1) of this
section.
(D)
Division (A) of this section does not apply to any of the following:
(1)
A pregnant woman who obtains or possesses RU-486 (mifepristone) for the purpose
of inducing an abortion to terminate her own pregnancy;
(2)
The legal transport of RU-486 (mifepristone) by any person or entity and the
legal delivery of the RU-486 (mifepristone) by any person to the recipient,
provided that this division does not apply regarding any conduct related to the
RU-486 (mifepristone) other than its transport and delivery to the
recipient;
(3)
The distribution, provision, or sale of RU-486 (mifepristone) by any legal
manufacturer or distributor of RU-486 (mifepristone), provided the manufacturer
or distributor made a good faith effort to comply with any applicable
requirements of federal law regarding the distribution, provision, or
sale.
(E)
Whoever violates this section is guilty of unlawful distribution of an
abortion-inducing drug, a felony of the fourth degree. If the offender
previously has been convicted of or pleaded guilty to a violation of this
section or of section 2919.12, 2919.121 [2919.12.1], 2919.13, 2919.14, 2919.151
[2919.15.1], 2919.17, or 2919.18 of the Revised Code, unlawful distribution of
an abortion-inducing drug is a felony of the third degree.
If
the offender is a professionally licensed person, in addition to any other
sanction imposed by law for the offense, the offender is subject to sanctioning
as provided by law by the regulatory or licensing board or agency that has the
administrative authority to suspend or revoke the offender's professional
license, including the sanctioning provided in section 4731.22 of the Revised
Code for offenders who have a certificate to practice or certificate of
registration issued under that chapter.
(F)
As used in this section:
(1)
"Federal law" means any law, rule, or regulation of the United States
or any drug approval letter of the food and drug administration of the United
States that governs or regulates the use of RU-486 (mifepristone) for the
purpose of inducing abortions.
(2)
"Personal identifying information" has the same meaning as in section
2913.49 of the Revised Code.
(3)
"Physician" has the same meaning as in section 2305.113 [2305.11.3]
of the Revised Code.
(4)
"Professionally licensed person" has the same meaning as in section
2925.01 of the Revised Code.
§
2919.13. Abortion manslaughter.
(A)
No person shall purposely take the life of a child born by attempted abortion
who is alive when removed from the uterus of the pregnant woman.
(B)
No person who performs an abortion shall fail to take the measures required by
the exercise of medical judgment in light of the attending circumstances to
preserve the life of a child who is alive when removed from the uterus of the
pregnant woman.
(C)
Whoever violates this section is guilty of abortion manslaughter, a felony of
the first degree.
§
2919.14. Abortion trafficking.
(A)
No person shall experiment upon or sell the product of human conception which
is aborted. Experiment does not include autopsies pursuant to sections 313.13
and 2108.50 of the Revised Code.
(B)
Whoever violates this section is guilty of abortion trafficking, a misdemeanor
of the first degree.
[§
2919.15.1] § 2919.151. Partial birth feticide.
(A)
As used in this section:
(1)
"Dilation and evacuation procedure of abortion" does not include the
dilation and extraction procedure of abortion.
(2)
"From the body of the mother" means that the portion of the fetus'
body in question is beyond the mother's vaginal introitus in a vaginal
delivery.
(3)
"Partial birth procedure" means the medical procedure that includes
all of the following elements in sequence:
(a)
Intentional dilation of the cervix of a pregnant woman, usually over a sequence
of days;
(b)
In a breech presentation, intentional extraction of at least the lower torso to
the navel, but not the entire body, of an intact fetus from the body of the
mother, or in a cephalic presentation, intentional extraction of at least the
complete head, but not the entire body, of an intact fetus from the body of the
mother;
(c)
Intentional partial evacuation of the intracranial contents of the fetus, which
procedure the person performing the procedure knows will cause the death of the
fetus, intentional compression of the head of the fetus, which procedure the
person performing the procedure knows will cause the death of the fetus, or
performance of another intentional act that the person performing the procedure
knows will cause the death of the fetus;
(d)
Completion of the vaginal delivery of the fetus.
(4)
"Partially born" means that the portion of the body of an intact
fetus described in division (A)(3)(b) of this section has been intentionally
extracted from the body of the mother.
(5)
"Serious risk of the substantial and irreversible impairment of a major
bodily function" means any medically diagnosed condition that so
complicates the pregnancy of the woman as to directly or indirectly cause the
substantial and irreversible impairment of a major bodily function.
(6)
"Viable" has the same meaning as in section 2901.01 of the Revised
Code.
(B)
When the fetus that is the subject of the procedure is viable, no person shall
knowingly perform a partial birth procedure on a pregnant woman when the
procedure is not necessary, in reasonable medical judgment, to preserve the
life or health of the mother as a result of the mother's life or health being
endangered by a serious risk of the substantial and irreversible impairment of
a major bodily function.
(C)
When the fetus that is the subject of the procedure is not viable, no person
shall knowingly perform a partial birth procedure on a pregnant woman when the
procedure is not necessary, in reasonable medical judgment, to preserve the
life or health of the mother as a result of the mother's life or health being
endangered by a serious risk of the substantial and irreversible impairment of
a major bodily function.
(D)
Whoever violates division (B) or (C) of this section is guilty of partial birth
feticide, a felony of the second degree.
(E)
A pregnant woman upon whom a partial birth procedure is performed in violation
of division (B) or (C) of this section is not guilty of committing, attempting
to commit, complicity in the commission of, or conspiracy in the commission of
a violation of those divisions.
(F)
This section does not prohibit the suction curettage procedure of abortion, the
suction aspiration procedure of abortion, or the dilation and evacuation
procedure of abortion.
(G)
This section does not apply to any person who performs or attempts to perform a
legal abortion if the act that causes the death of the fetus is performed prior
to the fetus being partially born even though the death of the fetus occurs
after it is partially born.
*
* *
§
2919.16. Definitions. [These provisions
have been held to be unconstitutional and unenforceable.]
As
used in sections 2919.16 to 2919.18 of the Revised Code:
(A)
"Fertilization" means the fusion of a human spermatozoon with a human
ovum.
(B)
"Gestational age" means the age of an unborn human as calculated from
the first day of the last menstrual period of a pregnant woman.
(C)
"Health care facility" means a hospital, clinic, ambulatory surgical
treatment center, other center, medical school, office of a physician,
infirmary, dispensary, medical training institution, or other institution or
location in or at which medical care, treatment, or diagnosis is provided to a
person.
(D)
"Hospital" has the same meanings as in sections 2108.01, 3701.01, and
5122.01 of the Revised Code.
(E)
"Live birth" has the same meaning as in division (A) of section
3705.01 of the Revised Code.
(F)
"Medical emergency" means a condition that a pregnant woman's
physician determines, in good faith and in the exercise of reasonable medical
judgment, so complicates the woman's pregnancy as to necessitate the immediate
performance or inducement of an abortion in order to prevent the death of the
pregnant woman or to avoid a serious risk of the substantial and irreversible
impairment of a major bodily function of the pregnant woman that delay in the
performance or inducement of the abortion would create.
(G)
"Physician" has the same meaning as in section 2305.113 [2305.11.3]
of the Revised Code.
(H)
"Pregnant" means the human female reproductive condition, that
commences with fertilization, of having a developing fetus.
(I)
"Premature infant" means a human whose live birth occurs prior to
thirty-eight weeks of gestational age.
(J)
"Serious risk of the substantial and irreversible impairment of a major
bodily function" means any medically diagnosed condition that so
complicates the pregnancy of the woman as to directly or indirectly cause the
substantial and irreversible impairment of a major bodily function, including,
but not limited to, the following conditions:
(1)
Pre-eclampsia;
(2)
Inevitable abortion;
(3)
Prematurely ruptured membrane;
(4)
Diabetes;
(5)
Multiple sclerosis.
(K)
"Unborn human" means an individual organism of the species homo
sapiens from fertilization until live birth.
(L)
"Viable" means the stage of development of a human fetus at which in
the determination of a physician, based on the particular facts of a woman's
pregnancy that are known to the physician and in light of medical technology
and information reasonably available to the physician, there is a realistic
possibility of the maintaining and nourishing of a life outside of the womb
with or without temporary artificial life-sustaining support.
§
2919.17. Terminating or attempting to terminate human pregnancy after
viability. [These provisions have been
held to be unconstitutional and unenforceable.]
(A)
No person shall purposely perform or induce or attempt to perform or induce an
abortion upon a pregnant woman if the unborn human is viable, unless either of
the following applies:
(2)
The abortion is performed or induced or attempted to be performed or induced by
a physician and that physician determines, in good faith and in the exercise of
reasonable medical judgment, after making a determination relative to the
viability of the unborn human in conformity with division (A) of section
2919.18 of the Revised Code, that the unborn human is not viable.
(B)
(1) Except as provided in division (B)(2) of this section, no physician
shall purposely perform or induce or attempt to perform or induce an abortion
upon a pregnant woman when the unborn human is viable and when the physician
has determined, in good faith and in the exercise of reasonable medical
judgment, that the abortion is necessary to prevent the death of the pregnant
woman or a serious risk of the substantial and irreversible impairment of a
major bodily function of the pregnant woman, unless each of the following
conditions is satisfied:
(a)
The physician who performs or induces or attempts to perform or induce the
abortion certifies in writing that that physician has determined, in good faith
and in the exercise of reasonable medical judgment, that the abortion is
necessary to prevent the death of the pregnant woman or a serious risk of the
substantial and irreversible impairment of a major bodily function of the
pregnant woman.
(b)
The determination of the physician who performs or induces or attempts to
perform or induce the abortion that is described in division (B)(1)(a) of this
section is concurred in by at least one other physician who certifies in
writing that the concurring physician has determined, in good faith, in the
exercise of reasonable medical judgment, and following a review of the
available medical records of and any available tests results pertaining to the
pregnant woman, that the abortion is necessary to prevent the death of the
pregnant woman or a serious risk of the substantial and irreversible impairment
of a major bodily function of the pregnant woman.
(c)
The abortion is performed or induced or attempted to be performed or induced in
a health care facility that has or has access to appropriate neonatal services
for premature infants.
(d)
The physician who performs or induces or attempts to perform or induce the
abortion terminates or attempts to terminate the pregnancy in the manner that
provides the best opportunity for the unborn human to survive, unless that
physician determines, in good faith and in the exercise of reasonable medical
judgment, that the termination of the pregnancy in that manner poses a
significantly greater risk of the death of the pregnant woman or a serious risk
of the substantial and irreversible impairment of a major bodily function of
the pregnant woman than would other available methods of abortion.
(e)
The physician who performs or induces or attempts to perform or induce the
abortion has arranged for the attendance in the same room in which the abortion
is to be performed or induced or attempted to be performed or induced of at
least one other physician who is to take control of, provide immediate medical
care for, and take all reasonable steps necessary to preserve the life and
health of the unborn human immediately upon the unborn human's complete
expulsion or extraction from the pregnant woman.
(2)
Division (B)(1) of this section does not prohibit the performance or inducement
or an attempted performance or inducement of an abortion without prior
satisfaction of each of the conditions described in divisions (B)(1)(a) to (e)
of this section if the physician who performs or induces or attempts to perform
or induce the abortion determines, in good faith and in the exercise of
reasonable medical judgment, that a medical emergency exists that prevents
compliance with one or more of those conditions.
(C)
For purposes of this section, it shall be rebuttably presumed that an unborn
child of at least twenty-four weeks of gestational age is viable.
(D)
Whoever violates this section is guilty of terminating or attempting to
terminate a human pregnancy after viability, a felony of the fourth
degree.
(E)
A pregnant woman upon whom an abortion is performed or induced or attempted to
be performed or induced in violation of division (A) or (B) of this section is
not guilty of an attempt to commit, complicity in the commission of, or
conspiracy in the commission of a violation of either of those divisions.
§
2919.18. Failure to perform viability testing.
(A)
(1) Except as provided in division (A)(3) of this section, no physician
shall perform or induce or attempt to perform or induce an abortion upon a
pregnant woman after the beginning of her twenty-second week of pregnancy
unless, prior to the performance or inducement of the abortion or the attempt
to perform or induce the abortion, the physician determines, in good faith and
in the exercise of reasonable medical judgment, that the unborn human is not
viable, and the physician makes that determination after performing a medical
examination of the pregnant woman and after performing or causing the
performing of gestational age, weight, lung maturity, or other tests of the
unborn human that a reasonable physician making a determination as to whether an
unborn human is or is not viable would perform or cause to be performed.
(2)
Except as provided in division (A)(3) of this section, no physician shall
perform or induce or attempt to perform or induce an abortion upon a pregnant
woman after the beginning of her twenty-second week of pregnancy without first
entering the determination described in division (A)(1) of this section and the
associated findings of the medical examination and tests described in that
division in the medical record of the pregnant woman.
(3)
Divisions (A)(1) and (2) of this section do not prohibit a physician from
performing or inducing or attempting to perform or induce an abortion upon a
pregnant woman after the beginning of her twenty-second week of pregnancy
without making the determination described in division (A)(1) of this section
or without making the entry described in division (A)(2) of this section if a
medical emergency exists.
(B)
Whoever violates this section is guilty of failure to perform viability testing,
a misdemeanor of the fourth degree.
*
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TITLE XXXVII HEALTH -
SAFETY - MORALS
*
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[§
3701.34.1] § 3701.341. Public health council rules on abortion.
(A)
The public health council, pursuant to Chapter 119. and consistent with section
2317.56 of the Revised Code, shall adopt rules relating to abortions and the
following subjects:
(1)
Post-abortion procedures to protect the health of the pregnant woman;
(2)
Reporting forms;
(3)
Pathological reports;
(4)
Humane disposition of the product of human conception;
(5)
Counseling.
(B)
The director of health shall implement the rules and shall apply to the court
of common pleas for temporary or permanent injunctions restraining a violation
or threatened violation of the rules. This action is an additional remedy not
dependent on the adequacy of the remedy at law.
*
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TITLE XLI - LABOR AND
INDUSTRY
*
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§
4112.01. Definitions.
*
* *
(B)
For the purposes of divisions (A) to (F) of section 4112.02 of the Revised
Code, the terms "because of sex" and "on the basis of sex"
include, but are not limited to, because of or on the basis of pregnancy, any
illness arising out of and occurring during the course of a pregnancy, childbirth,
or related medical conditions. Women affected by pregnancy, childbirth, or
related medical conditions shall be treated the same for all employment-related
purposes, including receipt of benefits under fringe benefit programs, as other
persons not so affected but similar in their ability or inability to work, and
nothing in division (B) of section 4111.17 of the Revised Code shall be
interpreted to permit otherwise. This division shall not be construed to
require an employer to pay for health insurance benefits for abortion, except
where the life of the mother would be endangered if the fetus were carried to
term or except where medical complications have arisen from the abortion,
provided that nothing in this division precludes an employer from providing
abortion benefits or otherwise affects bargaining agreements in regard to
abortion.
*
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TITLE XLVII -
OCCUPATIONS - PROFESSIONS
*
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[§
4723.15.1] § 4723.151. Practice of medicine prohibited; exceptions; abortion.
(A)
Medical diagnosis, prescription of medical measures, and the practice of
medicine or surgery or any of its branches by a nurse are prohibited.
(B)
Division (A) of this section does not prohibit a certified registered nurse
anesthetist, clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner from practicing within the nurse's scope of practice in
accordance with section 4723.43 of the Revised Code. Division (A) of this
section does not prohibit a clinical nurse specialist, certified nurse-midwife,
or certified nurse practitioner who holds a certificate to prescribe issued
under section 4723.48 of the Revised Code from prescribing drugs and
therapeutic devices in accordance with section 4723.481 [4723.48.1] of the
Revised Code.
(C)
Notwithstanding division (B) of this section, nothing in this chapter shall be
construed as authorizing any nurse to prescribe any drug or device to perform
or induce an abortion, or to otherwise perform or induce an abortion.
*
* *
§
4723.50. Rules concerning prescribing drugs and therapeutic devices.
(A)
In accordance with Chapter 119. of the Revised Code, the board of nursing shall
adopt rules as necessary to implement the provisions of this chapter pertaining
to the authority of clinical nurse specialists, certified nurse-midwives, and
certified nurse practitioners to prescribe drugs and therapeutic devices and
the issuance and renewal of certificates to prescribe. Initial rules shall be
adopted not later than twenty months after the effective date of this
section.
The
board shall adopt rules that are consistent with the recommendations the board
receives from the committee on prescriptive governance pursuant to section
4723.492 [4723.49.2] of the Revised Code. After reviewing a recommendation
submitted by the committee, the board may either adopt the recommendation as a
rule or ask the committee to reconsider and resubmit the recommendation. The
board shall not adopt any rule that does not conform to a recommendation made
by the committee.
(B)
The board shall adopt rules under this section that do the following:
(1)
Establish a formulary listing the types of drugs and therapeutic devices that
may be prescribed by a clinical nurse specialist, certified nurse-midwife, or
certified nurse practitioner. The formulary may include controlled substances,
as defined in section 3719.01 of the Revised Code. The formulary shall not
permit the prescribing of any drug or device to perform or induce an
abortion.
(2)
Establish safety standards to be followed by a nurse when personally furnishing
to patients complete or partial supplies of antibiotics, antifungals,
scabicides, contraceptives, and prenatal vitamins.
(3)
Establish criteria for the components of the standard care arrangements
described in section 4723.431 [4723.43.1] of the Revised Code that apply to a
nurse's authority to prescribe. The rules shall be consistent with that section
and include all of the following:
(a)
Quality assurance standards;
(b)
Standards for periodic review by a collaborating physician or podiatrist of the
records of patients treated by the nurse;
(c)
Acceptable travel time between the location at which the nurse is engaging in
the prescribing components of the nurse's practice and the location of the
nurse's collaborating physician or podiatrist;
(d)
Any other criteria recommended by the committee on prescriptive
governance.
(4)
Establish standards and procedures for issuance and renewal of a certificate to
prescribe, including specification of any additional information the board may
require under division (A)(4) of section 4723.482 [4723.48.2] or division
(B)(3) of section 4723.484 [4723.48.4] of the Revised Code;
(5)
Establish requirements for board approval of the instruction in advanced
pharmacology and related topics required by section 4723.482 [4723.48.2] of the
Revised Code;
(6)
Establish standards and procedures for the appropriate conduct of an externship
required by division (B)(1) of section 4723.484 [4723.48.4] of the Revised
Code, including the following:
(a)
Standards and procedures to be used in evaluating a nurse's participation in an
externship. Regardless of the method of evaluation used, a nurse shall not be
required to participate in an externship longer than one thousand eight hundred
hours.
(b)
Standards and procedures for the supervision that a physician must provide
during an externship, including supervision provided by working with the nurse
and supervision provided by making timely reviews of the records of patients
treated by the nurse. The manner in which supervision must be provided may vary
according to the location where the nurse is practicing and with the nurse's
level of experience.
*
* *
§
4731.91. Abortion; liability.
(A)
No private hospital, private hospital director, or governing board of a private
hospital is required to permit an abortion.
(B)
No public hospital, public hospital director, or governing board of a public
hospital is required to permit an abortion.
(C)
Refusal to permit an abortion is not grounds for civil liability nor a basis
for disciplinary or other recriminatory action.
(D)
No person is required to perform or participate in medical procedures which
result in abortion, and refusal to perform or participate in the medical
procedures is not grounds for civil liability nor a basis for disciplinary or
other recriminatory action.
(E)
Whoever violates division (D) of this section is liable in civil damages.
*
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TITLE LI - PUBLIC WELFARE
*
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§
5101.55. Abortion; limitations.
(A)
No person shall be ordered by a public agency or any person to submit to an
abortion.
(B)
The refusal of any person to submit to an abortion or to give consent therefor shall
not result in the loss of public assistance benefits or any other rights or
privileges.
(C)
State or local public funds shall not be used to subsidize an abortion, unless
the abortion is necessary to preserve the life or physical or mental health of
the pregnant woman and this fact is certified in writing by the performing
physician to the state or local agency providing the funds.
*
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----------------------------------
Ohio Administrative
Code.
*
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Chapter
3701-47
Abortion
3701-47-01
Definitions.
As used in rules 3701-47-01 to 3701-47-07 of the Ohio Sanitary
Code;
(A) "Abortion" means, as defined by section 2919.11 of
the Revised Code, the purposeful termination of a human pregnancy by any
person, including the pregnant woman herself, with an intention other than to
produce a live birth or to remove a dead fetus or embryo. Abortion is the
practice of medicine or surgery for the purpose of section 4731.41 of the
Revised Code.
(B) "Conceptus" means the product of human conception.
(C) "Department" means the department of health of the
state of Ohio.
(D) "Director" means the director of health of the state
of Ohio.
(E) "Fetus" means the developing conceptus from fourteen
(14) weeks after the first day of the woman's last menstrual period until
birth. [This definition has been held to be unconstitutional.]
(F) "Gestation" means pregnancy.
(G) "Hospital" means any building, structure,
institution, or place devoted primarily to the maintenance and operation of
facilities for the diagnosis, treatment, and medical or surgical care for three
or more non-related individuals, suffering from illness, disease, injury or
deformity, and regularly making available at least clinical laboratory
services, and diagnostic X-ray services and treatment facilities for surgery or
obstetrical care, or other definitive medical treatment. It does not include a
"home" as defined in sec. 3721.01 of the Revised Code.
(H) "Pathologist" means a physician licensed to practice
in Ohio with special training in the pathology of tissues.
(I) "Post-abortion care" means care given after the
uterus has been evacuated by abortion.
3701-47-02
Post-abortion procedures.
In all abortions upon a woman whose conceptus, in the best
judgment of the attending physician, is a fetus as defined in rule 3701-47-01,
the physician shall effect compliance with the following:
(A) Immediate post-abortion care shall be provided in a hospital. [This provision has been held to be
unconstitutional and unenforceable.]
(B) Written and oral discharge instructions shall be issued to
each woman which shall include, but not be limited to, the following:
(1) Symptoms of complications to be looked for and recommended
response to any such symptoms;
(2) Activities to be avoided;
(3) Notification of a 24-hour emergency service;
(4) Comprehensive birth control information;
(5) The date for follow-up or return visit after the performance
of the abortion, which shall be scheduled as indicated by the condition of the
patient and instructions on the importance of a follow-up visit;
(6) Use of appropriate medications, when indicated;
(7) Instructions about the care of her body.
(C) Information regarding Rh typing of the patient's blood shall
be a part of the patient's medical record. Anti-Rh immune globulin therapy
shall be given to all Rh negative patients upon completion of the abortion
procedure when medically indicated, except when refused by the patient. If for
any reason a patient refuses this therapy, the refusal shall be documented in
the clinical record.
3701-47-03
Reporting
forms.
(A) "Abortion report" in this rule means a form
completed in compliance with division (C) of this rule.
(B) The department shall be responsible for collecting and
collating abortion data reported to the department as required by this rule.
(C) An individual abortion report for each abortion performed upon
a woman shall be completed by her attending physician. The report shall be
confidential and shall not contain the name of the woman. This report shall
include, but not be limited to the following, in so far as the patient makes
the data available which is not within the physician's knowledge:
(1) Patient number;
(2) Facility name and address;
(3) Date of abortion;
(4) Zip code of residence of pregnant woman;
(5) Age of pregnant woman;
(6) Race;
(7) Marital status;
(8) Number of previous pregnancies;
(9) Years of education;
(10) Number of living children;
(11) Number of previously induced abortions;
(12) Date of last induced abortion;
(13) Date of last live birth;
(14) Method of contraception at time of conception;
(15) Date of last menstrual period;
(16) Medical condition of the woman at the time of the abortion;
(17) Rh type of pregnant woman;
(18) Type of abortion procedure;
(19) Complications by type;
(20) Type of procedure done after the abortion;
(21) Type of family planning recommended;
(22) Type of additional counseling given;
(23) Signature of attending physician.
(D) Abortion reports shall by submitted by the hospital to the
department within fifteen (15) days after the discharge of the woman.
(E) Appropriate certificate of birth shall be made out after the
twentieth (20th) week of gestation.
(F) A copy of the abortion report shall be made a part of the
medical record of the patient of the facility in which the abortion was
performed.
(G) Each hospital shall file monthly and yearly (Fiscal year: July-June)
reports listing the total number of women who had undergone a post twelve week
gestation abortion and received post abortion care. These reports shall be
filed within thirty (30) days following the end of the reporting period.
(H) Every case in which a physician treats a post abortion
complication shall be reported on a post abortion complication form. The report
shall be made upon a form prescribed by the department and shall be signed by
the attending physician.
3701-47-04
Pathological reports.
In the event a physician finds cause to have a pathological
examination performed, then he shall order and obtain the same.
3701-47-05
Humane disposition of the product of conception.
(A) The fetus shall be disposed of in a humane manner.
(B) No person shall experiment upon or sell the product of human
conception which is aborted. Experiment does not include autopsies pursuant to
sections 313.13 and 2108.50 of the Revised Code.
3701-47-06
Counseling.
(A) The fact of the availability of both pre-abortion and
post-abortion counseling for herself and other persons of her choosing shall be
made known by the physician, to each woman who is seeking the abortion of a
fetus.
(B) Counseling shall be non-judgmental, regardless of the
circumstances of the pregnancy, but shall not be forced upon the woman.
(C) The woman shall be treated in a safe, humane and dignified
manner during the counseling period and throughout her stay at the place where
the abortion is performed.
*
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Chapter
5101:3-17
Abortions
5101:3-17-01
Abortions.
(A) Reimbursement for abortion services, other than those
identified in paragraph (D) of this rule, is restricted to the following
circumstances when the appropriate certification in paragraph (B) of this rule
is made:
(1) Instances in which the woman suffers from a physical disorder,
physical injury, physical illness, including a life-endangering physical
condition caused by or arising from the pregnancy itself, that would, as certified
by a physician, place the woman in danger of death unless an abortion is
performed;
(2) Instances in which the pregnancy was the result of an act of
rape and the patient, the patient's legal guardian or the person who made the
report to the law enforcement agency, certifies in writing that a report was
filed, prior to the performance of the abortion, with a law enforcement agency
having the requisite jurisdiction, unless the patient was physically unable to
comply with the reporting requirement and that fact is certified by the
physician performing the abortion;
(3) Instances in which the pregnancy was the result of an act of
incest and the patient, the patient's legal guardian or the person who made the
report certifies in writing that a report was filed, prior to the performance
of the abortion, with either a law enforcement agency having the requisite
jurisdiction, or, in the case of a minor, with a county children services
agency established under Chapter 5153. of the Revised Code, unless the patient
was physically unable to comply with the reporting requirement and that fact is
certified by the physician performing the abortion;
(B) Certification.
(1) Before reimbursement for an abortion can be made, the
physician performing the abortion must certify that one of the three
circumstances in paragraph (a) of this rule has occurred. The certification
must be made on the Ohio department of job and family services "Abortion
Certification Form" JFS 03197, contained in appendix A of this rule. The
physician's signature must be in the physician's own handwriting. All
certifications must contain the name and address of the patient. The
certification form must be attached to the billing invoice.
(2) The certification must be as follows:
I certify that, on the basis of my professional judgment, this
service was necessary because:
(a) The woman suffers from a physical disorder, physical injury,
physical illness, including a life-endangering physical condition caused by or
arising from the pregnancy itself, that would, as certified by a physician,
place the woman in danger of death unless an abortion is performed; or
(b) The pregnancy was the result of an act of rape and the
patient, the patient's legal guardian or the person who made the report to the
law enforcement agency certified in writing that a report was filed, prior to
the performance of the abortion, with a law enforcement agency having the
requisite jurisdiction; or
(c) The pregnancy was the result of an act of incest and the
patient, the patient's legal guardian or the person who made the report
certified in writing that a report was filed, prior to the performance of the
abortion, with either a law enforcement agency having the requisite jurisdiction,
or, in the case of a minor, with a county children services agency established
under Chapter 5153. of the Revised Code; or
(d) The pregnancy was the result of an act of rape and in my professional
opinion the recipient was physically unable to comply with the reporting
requirement; or
(e) The pregnancy was a result of an act of incest and in my
professional opinion the recipient was physically unable to comply with the
reporting requirement.
(3) Reimbursement will not be made for associated services such as
anesthesia, laboratory tests, or hospital services if the abortion service
itself cannot be reimbursed. All abortion services for the purposes of
paragraph (A) of this rule must be submitted to the department on a hard copy
billing invoice.
(C) Documentation that supports the certification made by the
physician must be maintained by the physician in the recipient's medical
record. When the physician certifies that paragraph (B)(2)(b) or (B)(2)(c) of
this rule is true, a copy of a signed statement by the patient, the patient's
legal guardian, or the person who made the report must be maintained in the
patient's medical record.
(D) Nothing in this rule shall be construed to deny reimbursement
for drugs or devices to prevent implantation of the fertilized ovum, or for
medical procedures for the termination of an ectopic pregnancy. The
requirements stated in this rule do not apply to those abortions which are treatments
for incomplete, missed, or septic abortions.
*
* *