As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 421 5
1997-1998 6
REPRESENTATIVES LUEBBERS-BATCHELDER-VESPER-PADGETT-WHALEN-GARDNER- 8
BUCHY-MAIER-WESTON-TIBERI-HARRIS-ROMAN-CLANCY-WINKLER-KRUPINSKI- 9
LOGAN-COLONNA-BATEMAN-NETZLEY-KASPUTIS-VAN VYVEN-OGG-SULZER- 10
BRADING-SCHULER-WACHTMANN-VERICH-MOTTL-JAMES-JERSE-GRENDELL- 11
JORDAN-KREBS-HOTTINGER-CATES-AMSTUTZ-CAREY-FOX-COUGHLIN- 12
CALLENDER-HAINES-HOOD-WISE-CORE-METZGER-TAYLOR-YOUNG- 13
WILLIAMS-HOUSEHOLDER-MOTTLEY-MYERS-HODGES-SCHUCK-SCHURING- 14
O'BRIEN-MASON-JOHNSON-JACOBSON-THOMAS-THOMPSON 15
17
A B I L L
To amend section 2317.56 of the Revised Code 19
regarding patient notification prior to an 20
abortion. 21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That section 2317.56 of the Revised Code be 24
amended to read as follows: 25
Sec. 2317.56. (A) As used in this section: 34
(1) "Medical emergency" means a condition of a pregnant 36
woman that, in the reasonable judgment of the physician who is 37
attending the woman, creates an immediate threat of serious risk 38
to the life or physical health of the woman from the continuation 39
of her THE pregnancy necessitating the immediate performance or 40
inducement of an abortion. 41
(2) "Medical necessity" means a medical condition of a 43
pregnant woman that, in the reasonable judgment of the physician 44
who is attending the woman, so complicates the pregnancy that it 45
necessitates the immediate performance or inducement of an 46
abortion. 47
(3) "Probable gestational age of the embryo or fetus" 49
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means the gestational age that, in the judgment of a physician, 50
is, with reasonable probability, the gestational age of the 51
embryo or fetus at the time that the physician informs a pregnant 52
woman pursuant to division (B)(1)(b) of this section. 53
(B) Except when there is a medical emergency or medical 55
necessity, an abortion shall be performed or induced only if all 56
of the following conditions are satisfied: 57
(1) At least twenty-four hours prior to the performance or 59
inducement of the abortion, a PHYSICIAN MEETS WITH THE PREGNANT 60
WOMAN IN PERSON IN AN INDIVIDUAL, PRIVATE SETTING AND GIVES HER 61
AN ADEQUATE OPPORTUNITY TO ASK QUESTIONS ABOUT THE ABORTION THAT 62
WILL BE PERFORMED OR INDUCED. AT THIS MEETING, THE physician 63
informs SHALL INFORM the pregnant woman, verbally or, IF SHE IS 65
HEARING IMPAIRED, by other nonwritten means of communication, of 66
all of the following: 67
(a) The nature and purpose of the particular abortion 69
procedure to be used and the medical risks associated with that 70
procedure; 71
(b) The probable gestational age of the embryo or fetus; 73
(c) The medical risks associated with the pregnant woman 75
carrying her THE pregnancy to term. 76
(2) A physician provides the pregnant woman with the 78
information described in division (B)(1) of this section in an 79
individual, private setting and gives her an adequate opportunity 80
to ask questions about the abortion that will be performed or 81
induced; 82
(3) THE MEETING NEED NOT OCCUR AT THE FACILITY WHERE THE 84
ABORTION IS TO BE PERFORMED OR INDUCED, AND THE PHYSICIAN 85
INVOLVED IN THE MEETING NEED NOT BE AFFILIATED WITH THAT FACILITY 86
OR WITH THE PHYSICIAN WHO IS SCHEDULED TO PERFORM OR INDUCE THE 87
ABORTION.
(2) At least twenty-four hours prior to the performance or 89
inducement of the abortion, one or more physicians or one or more 90
agents of one or more physicians do each of the following in 91
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person, by telephone, by certified mail, return receipt 92
requested, or by regular mail evidenced by a certificate of 93
mailing: 94
(a) Inform the pregnant woman of the name of the physician 96
who is scheduled to perform or induce the abortion; 97
(b) Give the pregnant woman copies of the published 99
materials described in division (C) of this section; 100
(c) Inform the pregnant woman that the materials given to 102
her pursuant to division (B)(3)(2)(b) of this section are 103
provided by the state and that they describe the embryo or fetus 105
and list agencies that offer alternatives to abortion. The 106
pregnant woman may choose to examine or not to examine the 107
materials. A physician or an agent of a physician may 108
disassociate himself CHOOSE TO BE DISASSOCIATED from the 109
materials and may choose to comment or not comment on the 111
materials.
(4)(3) Prior to the performance or inducement of the 113
abortion, the pregnant woman signs a form consenting to the 114
abortion and certifies both of the following on that form: 115
(a) She has received the information and materials 117
described in divisions (B)(1), AND (2), and (3) of this section, 119
and her questions about the abortion that will be performed or 120
induced have been answered in a satisfactory manner. 121
(b) She consents to the particular abortion voluntarily, 123
knowingly, intelligently, and without coercion by any person, and 124
she is not under the influence of any drug of abuse or alcohol. 125
(5)(4) Prior to the performance or inducement of the 127
abortion, the physician who is scheduled to perform or induce the 128
abortion or his THE PHYSICIAN'S agent receives a copy of the 129
pregnant woman's signed form on which she consents to the 131
abortion and that includes the certification required by division 132
(B)(4)(3) of this section. 134
(C) The department of health shall cause to be published 136
in English and in Spanish, in a typeface large enough to be 137
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clearly legible, and in an easily comprehensible format, the 138
following materials: 139
(1) Materials that inform the pregnant woman about family 141
planning information, of publicly funded agencies that are 142
available to assist her in family planning, and of public and 143
private agencies and services that are available to assist her 144
through her THE pregnancy, upon childbirth, and while her THE 146
child is dependent, including, but not limited to, adoption 147
agencies. The materials shall be geographically indexed; include 148
a comprehensive list of the available agencies, a description of 149
the services offered by the agencies, and the telephone numbers 150
and addresses of the agencies; and inform the pregnant woman 151
about available medical assistance benefits for prenatal care, 152
childbirth, and neonatal care and about the support obligations 153
of the father of a child who is born alive. The department shall 154
ensure that the materials described in division (C)(1) of this 155
section are comprehensive and do not directly or indirectly 156
promote, exclude, or discourage the use of any agency or service 157
described in this division. 158
(2) Materials that inform the pregnant woman of the 160
probable anatomical and physiological characteristics of the 161
zygote, blastocyte, embryo, or fetus at two-week gestational 162
increments for the first sixteen weeks of her pregnancy and at 163
four-week gestational increments from the seventeenth week of her 164
pregnancy to full term, including any relevant information 165
regarding the time at which the fetus possibly would be viable. 166
The department shall cause these materials to be published only 167
after it consults with the Ohio state medical association and the 168
Ohio section of the American college of obstetricians and 169
gynecologists relative to the probable anatomical and 170
physiological characteristics of a zygote, blastocyte, embryo, or 171
fetus at the various gestational increments. The materials shall 172
use language that is understandable by the average person who is 173
not medically trained, shall be objective and nonjudgmental, and 174
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shall include only accurate scientific information about the 175
zygote, blastocyte, embryo, or fetus at the various gestational 176
increments. If the materials use a pictorial, photographic, or 177
other depiction to provide information regarding the zygote, 178
blastocyte, embryo, or fetus, the materials shall include, in a 179
conspicuous manner, a scale or other explanation that is 180
understandable by the average person and that can be used to 181
determine the actual size of the zygote, blastocyte, embryo, or 182
fetus at a particular gestational increment as contrasted with 183
the depicted size of the zygote, blastocyte, embryo, or fetus at 184
that gestational increment. 185
(D) Upon the submission of a request to the department of 187
health by any person, hospital, physician, or medical facility 188
for one or more copies of the materials published in accordance 189
with division (C) of this section, the department shall make the 191
requested number of copies of the materials available to the 192
person, hospital, physician, or medical facility that requested 193
the copies.
(E) If a medical emergency or medical necessity compels 195
the performance or inducement of an abortion, the physician who 196
will perform or induce the abortion, prior to its performance or 197
inducement if possible, shall inform the pregnant woman of the 198
medical indications supporting his THE PHYSICIAN'S judgment that 199
an immediate abortion is necessary. Any physician who performs 201
or induces an abortion without the prior satisfaction of the 202
conditions specified in division (B) of this section because of a 203
medical emergency or medical necessity shall enter the reasons 204
for his THE conclusion that a medical emergency or medical 206
necessity exists in the medical record of the pregnant woman. 207
(F) If the conditions specified in division (B) of this 209
section are satisfied, consent to an abortion shall be presumed 210
to be valid and effective. 211
(G) The performance or inducement of an abortion without 213
the prior satisfaction of the conditions specified in division 214
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(B) of this section does not constitute, and shall not be 215
construed as constituting, a violation of division (A) of section 216
2919.12 of the Revised Code. The failure of a physician to 217
satisfy the conditions of division (B) of this section prior to 218
performing or inducing an abortion upon a pregnant woman may be 219
the basis of both of the following: 220
(1) A civil action for compensatory and exemplary damages 222
as described in division (H) of this section; 223
(2) Disciplinary action under section 4731.22 of the 225
Revised Code. 226
(H)(1) Subject to divisions (H)(2) and (3) of this 228
section, any physician who performs or induces an abortion with 229
actual knowledge that the conditions specified in division (B) of 230
this section have not been satisfied or with a heedless 231
indifference as to whether those conditions have been satisfied 232
is liable in compensatory and exemplary damages in a civil action 233
to any person, or the representative of the estate of any person, 234
who sustains injury, death, or loss to person or property as a 235
result of the failure to satisfy those conditions. In the civil 236
action, the court additionally may enter any injunctive or other 237
equitable relief that it considers appropriate. 238
(2) The following shall be affirmative defenses in a civil 240
action authorized by division (H)(1) of this section: 241
(a) The physician performed or induced the abortion under 243
the circumstances described in division (E) of this section. 244
(b) The physician made a good faith effort to satisfy the 246
conditions specified in division (B) of this section. 247
(c) The physician or an agent of the physician requested 249
copies of the materials published in accordance with division (C) 250
of this section from the department of health, but the physician 252
was not able to give a pregnant woman copies of the materials 253
pursuant to division (B)(3)(2) of this section and to obtain a 255
certification as described in divisions (B)(4)(3) and (5)(4) of 257
this section because the department failed to make the requested 258
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number of copies available to the physician or his agent in 259
accordance with division (D) of this section.
(3) An employer or other principal is not liable in 261
damages in a civil action authorized by division (H)(1) of this 262
section on the basis of the doctrine of respondeat superior 263
unless either of the following applies: 264
(a) The employer or other principal had actual knowledge 266
or, by the exercise of reasonable diligence, should have known 267
that his AN employee or agent performed or induced an abortion 268
with actual knowledge that the conditions specified in division 270
(B) of this section had not been satisfied or with a heedless 271
indifference as to whether those conditions had been satisfied. 272
(b) The employer or other principal negligently failed to 274
secure the compliance of his AN employee or agent with division 275
(B) of this section. 277
(4) Notwithstanding division (E) of section 2919.12 of the 279
Revised Code, the civil action authorized by division (H)(1) of 280
this section shall be the exclusive civil remedy for persons, or 281
the representatives of estates of persons, who allegedly sustain 282
injury, death, or loss to person or property as a result of a 283
failure to satisfy the conditions specified in division (B) of 284
this section. 285
(I) The department of human services shall prepare and 287
conduct a public information program to inform women of all 288
available governmental programs and agencies that provide 289
services or assistance for family planning, prenatal care, child 290
care, or alternatives to abortion. 291
Section 2. That existing section 2317.56 of the Revised 293
Code is hereby repealed. 294