As Introduced

126th General Assembly Regular Session 2005-2006

H. B. No. 228

Representatives Brinkman, Hood, Buehrer, Bubp, Faber, Fessler, Gilb, Hoops, Kearns, Raussen, Reidelbach, Schaffer, Schneider, Seaver, Taylor, Uecker, Wagner, Widowfield 

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A BILL

To amend sections 124.85, 149.43, 2151.421, 2305.11,

1

2307.46, 2307.52, 2307.53, 2317.56, 2505.02,

2

2901.01, 2903.09, 2919.12, 2919.123, 2919.13,

3

2919.14, 2919.24, 2950.03, 3701.341, 4112.01,

4

4731.22, 4731.91, and 5101.55 and to repeal

5

sections 2151.85, 2505.073, 2919.121, 2919.122,

6

2919.151, 2919.16, 2919.17, and 2919.18 of the

7

Revised Code to prohibit abortions in this state,

8

to increase the penalties for the offenses of

9

unlawful abortion, unlawful distribution of an

10

abortion-inducing drug, and abortion trafficking,

11

to enact the offense of facilitating an abortion,

12

and to make conforming changes in related

13

provisions.

14

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 124.85, 149.43, 2151.421, 2305.11,	15
2307.46, 2307.52, 2307.53, 2317.56, 2505.02, 2901.01, 2903.09,	16
2919.12, 2919.123, 2919.13, 2919.14, 2919.24, 2950.03, 3701.341,	17
4112.01, 4731.22, 4731.91, and 5101.55 of the Revised Code be	18
amended to read as follows:	19

Sec. 124.85.  (A) As used in this section:

20

(1) "Nontherapeutic abortion" means an abortion that is	21
performed or induced when the life of the mother would not be	22
endangered if the fetus were carried to term or when the pregnancy	23
of the mother was not the result of rape or incest reported to a	24
law enforcement agency.	25

(2) "Policy, contract, or plan" means a policy, contract, or	26
plan of one or more insurance companies, medical care	27
corporations, health care corporations, health maintenance	28
organizations, preferred provider organizations, or other entities	29
that provides health, medical, hospital, or surgical coverage,	30
benefits, or services to elected or appointed officers or	31
employees of the state, including a plan that is associated with a	32
self-insurance program and a policy, contract, or plan that	33
implements a collective bargaining agreement.	34

(3)(2) "State" has the same meaning as in section 2744.01 of	35
the Revised Code.	36

(B) Subject to division (C) of this section, but	37
notwithstandingNotwithstanding other provisions of the Revised	38
Code that conflict with the prohibition specified in this	39
division, funds of the state shall not be expended directly or	40
indirectly to pay the costs, premiums, or charges associated with	41
a policy, contract, or plan if the policy, contract, or plan	42
provides coverage, benefits, or services related to a	43
nontherapeutican abortion.	44

(C) Division (B) of this section does not preclude the state	45
from expending funds to pay the costs, premiums, or charges	46
associated with a policy, contract, or plan that includes a rider	47
or other provision offered on an individual basis under which an	48
elected or appointed official or employee who accepts the offer of	49
the rider or provision may obtain coverage of a nontherapeutic	50
abortion through the policy, contract, or plan if the individual	51
pays for all of the costs, premiums, or charges associated with	52
the rider or provision, including all administrative expenses	53
related to the rider or provision and any claim made for a	54
nontherapeutic abortion.	55

(D) In addition to the laws specified in division (A) of	56
section 4117.10 of the Revised Code that prevail over conflicting	57
provisions of agreements between employee organizations and public	58
employers, divisionsdivision (B) and (C) of this section shall	59
prevail over conflicting provisions of that nature.	60

Sec. 149.43.  (A) As used in this section:

61

(1) "Public record" means records kept by any public office,	62
including, but not limited to, state, county, city, village,	63
township, and school district units, and records pertaining to the	64
delivery of educational services by an alternative school in Ohio	65
kept by a nonprofit or for profit entity operating such	66
alternative school pursuant to section 3313.533 of the Revised	67
Code. "Public record" does not mean any of the following:	68

(a) Medical records;

69

(b) Records pertaining to probation and parole proceedings or	70
to proceedings related to the imposition of community control	71
sanctions and post-release control sanctions;	72

(c) Records pertaining to actions under former section	73
2151.85 and division (C) of former section 2919.121 of the Revised	74
Code, as they existed prior to the effective date of this	75
amendment, and to appeals of actions arising under those sections;	76

(d) Records pertaining to adoption proceedings, including the	77
contents of an adoption file maintained by the department of	78
health under section 3705.12 of the Revised Code;	79

(e) Information in a record contained in the putative father	80
registry established by section 3107.062 of the Revised Code,	81
regardless of whether the information is held by the department of	82
job and family services or, pursuant to section 3111.69 of the	83
Revised Code, the office of child support in the department or a	84
child support enforcement agency;	85

(f) Records listed in division (A) of section 3107.42 of the	86
Revised Code or specified in division (A) of section 3107.52 of	87
the Revised Code;	88

(g) Trial preparation records;

89

(h) Confidential law enforcement investigatory records;

90

(i) Records containing information that is confidential under	91
section 2710.03 or 4112.05 of the Revised Code;	92

(j) DNA records stored in the DNA database pursuant to	93
section 109.573 of the Revised Code;	94

(k) Inmate records released by the department of	95
rehabilitation and correction to the department of youth services	96
or a court of record pursuant to division (E) of section 5120.21	97
of the Revised Code;	98

(l) Records maintained by the department of youth services	99
pertaining to children in its custody released by the department	100
of youth services to the department of rehabilitation and	101
correction pursuant to section 5139.05 of the Revised Code;	102

(m) Intellectual property records;

103

(n) Donor profile records;

104

(o) Records maintained by the department of job and family	105
services pursuant to section 3121.894 of the Revised Code;	106

(p) Peace officer, firefighter, or EMT residential and	107
familial information;	108

(q) In the case of a county hospital operated pursuant to	109
Chapter 339. of the Revised Code or a municipal hospital operated	110
pursuant to Chapter 749. of the Revised Code, information that	111
constitutes a trade secret, as defined in section 1333.61 of the	112
Revised Code;	113

(r) Information pertaining to the recreational activities of	114
a person under the age of eighteen;	115

(s) Records provided to, statements made by review board	116
members during meetings of, and all work products of a child	117
fatality review board acting under sections 307.621 to 307.629 of	118
the Revised Code, other than the report prepared pursuant to	119
section 307.626 of the Revised Code;	120

(t) Records provided to and statements made by the executive	121
director of a public children services agency or a prosecuting	122
attorney acting pursuant to section 5153.171 of the Revised Code	123
other than the information released under that section;	124

(u) Test materials, examinations, or evaluation tools used in	125
an examination for licensure as a nursing home administrator that	126
the board of examiners of nursing home administrators administers	127
under section 4751.04 of the Revised Code or contracts under that	128
section with a private or government entity to administer;	129

(v) Records the release of which is prohibited by state or	130
federal law;	131

(w) Proprietary information of or relating to any person that	132
is submitted to or compiled by the Ohio venture capital authority	133
created under section 150.01 of the Revised Code;	134

(x) Information reported and evaluations conducted pursuant	135
to section 3701.072 of the Revised Code;	136

(y) Financial statements and data any person submits for any	137
purpose to the Ohio housing finance agency or the controlling	138
board in connection with applying for, receiving, or accounting	139
for financial assistance from the agency, and information that	140
identifies any individual who benefits directly or indirectly from	141
financial assistance from the agency.	142

(2) "Confidential law enforcement investigatory record" means	143
any record that pertains to a law enforcement matter of a	144
criminal, quasi-criminal, civil, or administrative nature, but	145
only to the extent that the release of the record would create a	146
high probability of disclosure of any of the following:	147

(a) The identity of a suspect who has not been charged with	148
the offense to which the record pertains, or of an information	149
source or witness to whom confidentiality has been reasonably	150
promised;	151

(b) Information provided by an information source or witness	152
to whom confidentiality has been reasonably promised, which	153
information would reasonably tend to disclose the source's or	154
witness's identity;	155

(c) Specific confidential investigatory techniques or	156
procedures or specific investigatory work product;	157

(d) Information that would endanger the life or physical	158
safety of law enforcement personnel, a crime victim, a witness, or	159
a confidential information source.	160

(3) "Medical record" means any document or combination of	161
documents, except births, deaths, and the fact of admission to or	162
discharge from a hospital, that pertains to the medical history,	163
diagnosis, prognosis, or medical condition of a patient and that	164
is generated and maintained in the process of medical treatment.	165

(4) "Trial preparation record" means any record that contains	166
information that is specifically compiled in reasonable	167
anticipation of, or in defense of, a civil or criminal action or	168
proceeding, including the independent thought processes and	169
personal trial preparation of an attorney.	170

(5) "Intellectual property record" means a record, other than	171
a financial or administrative record, that is produced or	172
collected by or for faculty or staff of a state institution of	173
higher learning in the conduct of or as a result of study or	174
research on an educational, commercial, scientific, artistic,	175
technical, or scholarly issue, regardless of whether the study or	176
research was sponsored by the institution alone or in conjunction	177
with a governmental body or private concern, and that has not been	178
publicly released, published, or patented.	179

(6) "Donor profile record" means all records about donors or	180
potential donors to a public institution of higher education	181
except the names and reported addresses of the actual donors and	182
the date, amount, and conditions of the actual donation.	183

(7) "Peace officer, firefighter, or EMT residential and	184
familial information" means either of the following:	185

(a) Any information maintained in a personnel record of a	186
peace officer, firefighter, or EMT that discloses any of the	187
following:	188

(i) The address of the actual personal residence of a peace	189
officer, firefighter, or EMT, except for the state or political	190
subdivision in which the peace officer, firefighter, or EMT	191
resides;	192

(ii) Information compiled from referral to or participation	193
in an employee assistance program;	194

(iii) The social security number, the residential telephone	195
number, any bank account, debit card, charge card, or credit card	196
number, or the emergency telephone number of, or any medical	197
information pertaining to, a peace officer, firefighter, or EMT;	198

(iv) The name of any beneficiary of employment benefits,	199
including, but not limited to, life insurance benefits, provided	200
to a peace officer, firefighter, or EMT by the peace officer's,	201
firefighter's, or EMT's employer;	202

(v) The identity and amount of any charitable or employment	203
benefit deduction made by the peace officer's, firefighter's, or	204
EMT's employer from the peace officer's, firefighter's, or EMT's	205
compensation unless the amount of the deduction is required by	206
state or federal law;	207

(vi) The name, the residential address, the name of the	208
employer, the address of the employer, the social security number,	209
the residential telephone number, any bank account, debit card,	210
charge card, or credit card number, or the emergency telephone	211
number of the spouse, a former spouse, or any child of a peace	212
officer, firefighter, or EMT.	213

(b) Any record that identifies a person's occupation as a	214
peace officer, firefighter, or EMT other than statements required	215
to include the disclosure of that fact under the campaign finance	216
law.	217

As used in divisions (A)(7) and (B)(5) of this section,	218
"peace officer" has the same meaning as in section 109.71 of the	219
Revised Code and also includes the superintendent and troopers of	220
the state highway patrol; it does not include the sheriff of a	221
county or a supervisory employee who, in the absence of the	222
sheriff, is authorized to stand in for, exercise the authority of,	223
and perform the duties of the sheriff.	224

As used in divisions (A)(7) and (B)(5) of this section,	225
"firefighter" means any regular, paid or volunteer, member of a	226
lawfully constituted fire department of a municipal corporation,	227
township, fire district, or village.	228

As used in divisions (A)(7) and (B)(5) of this section, "EMT"	229
means EMTs-basic, EMTs-I, and paramedics that provide emergency	230
medical services for a public emergency medical service	231
organization. "Emergency medical service organization,"	232
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	233
section 4765.01 of the Revised Code.	234

(8) "Information pertaining to the recreational activities of	235
a person under the age of eighteen" means information that is kept	236
in the ordinary course of business by a public office, that	237
pertains to the recreational activities of a person under the age	238
of eighteen years, and that discloses any of the following:	239

(a) The address or telephone number of a person under the age	240
of eighteen or the address or telephone number of that person's	241
parent, guardian, custodian, or emergency contact person;	242

(b) The social security number, birth date, or photographic	243
image of a person under the age of eighteen;	244

(c) Any medical record, history, or information pertaining to	245
a person under the age of eighteen;	246

(d) Any additional information sought or required about a	247
person under the age of eighteen for the purpose of allowing that	248
person to participate in any recreational activity conducted or	249
sponsored by a public office or to use or obtain admission	250
privileges to any recreational facility owned or operated by a	251
public office.	252

(9) "Community control sanction" has the same meaning as in	253
section 2929.01 of the Revised Code.	254

(10) "Post-release control sanction" has the same meaning as	255
in section 2967.01 of the Revised Code.	256

(B)(1) Subject to division (B)(4) of this section, all public	257
records shall be promptly prepared and made available for	258
inspection to any person at all reasonable times during regular	259
business hours. Subject to division (B)(4) of this section, upon	260
request, a public office or person responsible for public records	261
shall make copies available at cost, within a reasonable period of	262
time. In order to facilitate broader access to public records,	263
public offices shall maintain public records in a manner that they	264
can be made available for inspection in accordance with this	265
division.	266

(2) If any person chooses to obtain a copy of a public record	267
in accordance with division (B)(1) of this section, the public	268
office or person responsible for the public record shall permit	269
that person to choose to have the public record duplicated upon	270
paper, upon the same medium upon which the public office or person	271
responsible for the public record keeps it, or upon any other	272
medium upon which the public office or person responsible for the	273
public record determines that it reasonably can be duplicated as	274
an integral part of the normal operations of the public office or	275
person responsible for the public record. When the person seeking	276
the copy makes a choice under this division, the public office or	277
person responsible for the public record shall provide a copy of	278
it in accordance with the choice made by the person seeking the	279
copy.	280

(3) Upon a request made in accordance with division (B)(1) of	281
this section, a public office or person responsible for public	282
records shall transmit a copy of a public record to any person by	283
United States mail within a reasonable period of time after	284
receiving the request for the copy. The public office or person	285
responsible for the public record may require the person making	286
the request to pay in advance the cost of postage and other	287
supplies used in the mailing.	288

Any public office may adopt a policy and procedures that it	289
will follow in transmitting, within a reasonable period of time	290
after receiving a request, copies of public records by United	291
States mail pursuant to this division. A public office that adopts	292
a policy and procedures under this division shall comply with them	293
in performing its duties under this division.	294

In any policy and procedures adopted under this division, a	295
public office may limit the number of records requested by a	296
person that the office will transmit by United States mail to ten	297
per month, unless the person certifies to the office in writing	298
that the person does not intend to use or forward the requested	299
records, or the information contained in them, for commercial	300
purposes. For purposes of this division, "commercial" shall be	301
narrowly construed and does not include reporting or gathering	302
news, reporting or gathering information to assist citizen	303
oversight or understanding of the operation or activities of	304
government, or nonprofit educational research.	305

(4) A public office or person responsible for public records	306
is not required to permit a person who is incarcerated pursuant to	307
a criminal conviction or a juvenile adjudication to inspect or to	308
obtain a copy of any public record concerning a criminal	309
investigation or prosecution or concerning what would be a	310
criminal investigation or prosecution if the subject of the	311
investigation or prosecution were an adult, unless the request to	312
inspect or to obtain a copy of the record is for the purpose of	313
acquiring information that is subject to release as a public	314
record under this section and the judge who imposed the sentence	315
or made the adjudication with respect to the person, or the	316
judge's successor in office, finds that the information sought in	317
the public record is necessary to support what appears to be a	318
justiciable claim of the person.	319

(5) Upon written request made and signed by a journalist on	320
or after December 16, 1999, a public office, or person responsible	321
for public records, having custody of the records of the agency	322
employing a specified peace officer, firefighter, or EMT shall	323
disclose to the journalist the address of the actual personal	324
residence of the peace officer, firefighter or EMT and, if the	325
peace officer's, firefighter's or EMT's spouse, former spouse, or	326
child is employed by a public office, the name and address of the	327
employer of the peace officer's, firefighter's, or EMT's spouse,	328
former spouse, or child. The request shall include the	329
journalist's name and title and the name and address of the	330
journalist's employer and shall state that disclosure of the	331
information sought would be in the public interest.	332

As used in division (B)(5) of this section, "journalist"	333
means a person engaged in, connected with, or employed by any news	334
medium, including a newspaper, magazine, press association, news	335
agency, or wire service, a radio or television station, or a	336
similar medium, for the purpose of gathering, processing,	337
transmitting, compiling, editing, or disseminating information for	338
the general public.	339

(C) If a person allegedly is aggrieved by the failure of a	340
public office to promptly prepare a public record and to make it	341
available to the person for inspection in accordance with division	342
(B) of this section, or if a person who has requested a copy of a	343
public record allegedly is aggrieved by the failure of a public	344
office or the person responsible for the public record to make a	345
copy available to the person allegedly aggrieved in accordance	346
with division (B) of this section, the person allegedly aggrieved	347
may commence a mandamus action to obtain a judgment that orders	348
the public office or the person responsible for the public record	349
to comply with division (B) of this section and that awards	350
reasonable attorney's fees to the person that instituted the	351
mandamus action. The mandamus action may be commenced in the court	352
of common pleas of the county in which division (B) of this	353
section allegedly was not complied with, in the supreme court	354
pursuant to its original jurisdiction under Section 2 of Article	355
IV, Ohio Constitution, or in the court of appeals for the	356
appellate district in which division (B) of this section allegedly	357
was not complied with pursuant to its original jurisdiction under	358
Section 3 of Article IV, Ohio Constitution.	359

(D) Chapter 1347. of the Revised Code does not limit the	360
provisions of this section.	361

(E)(1) The bureau of motor vehicles may adopt rules pursuant	362
to Chapter 119. of the Revised Code to reasonably limit the number	363
of bulk commercial special extraction requests made by a person	364
for the same records or for updated records during a calendar	365
year. The rules may include provisions for charges to be made for	366
bulk commercial special extraction requests for the actual cost of	367
the bureau, plus special extraction costs, plus ten per cent. The	368
bureau may charge for expenses for redacting information, the	369
release of which is prohibited by law.	370

(2) As used in divisions (B)(3) and (E)(1) of this section:

371

(a) "Actual cost" means the cost of depleted supplies,	372
records storage media costs, actual mailing and alternative	373
delivery costs, or other transmitting costs, and any direct	374
equipment operating and maintenance costs, including actual costs	375
paid to private contractors for copying services.	376

(b) "Bulk commercial special extraction request" means a	377
request for copies of a record for information in a format other	378
than the format already available, or information that cannot be	379
extracted without examination of all items in a records series,	380
class of records, or data base by a person who intends to use or	381
forward the copies for surveys, marketing, solicitation, or resale	382
for commercial purposes. "Bulk commercial special extraction	383
request" does not include a request by a person who gives	384
assurance to the bureau that the person making the request does	385
not intend to use or forward the requested copies for surveys,	386
marketing, solicitation, or resale for commercial purposes.	387

(c) "Commercial" means profit-seeking production, buying, or	388
selling of any good, service, or other product.	389

(d) "Special extraction costs" means the cost of the time	390
spent by the lowest paid employee competent to perform the task,	391
the actual amount paid to outside private contractors employed by	392
the bureau, or the actual cost incurred to create computer	393
programs to make the special extraction. "Special extraction	394
costs" include any charges paid to a public agency for computer or	395
records services.	396

(3) For purposes of divisions (E)(1) and (2) of this section,	397
"commercial surveys, marketing, solicitation, or resale" shall be	398
narrowly construed and does not include reporting or gathering	399
news, reporting or gathering information to assist citizen	400
oversight or understanding of the operation or activities of	401
government, or nonprofit educational research.	402

Sec. 2151.421.  (A)(1)(a) No person described in division	403
(A)(1)(b) of this section who is acting in an official or	404
professional capacity and knows or suspects that a child under	405
eighteen years of age or a mentally retarded, developmentally	406
disabled, or physically impaired child under twenty-one years of	407
age has suffered or faces a threat of suffering any physical or	408
mental wound, injury, disability, or condition of a nature that	409
reasonably indicates abuse or neglect of the child, shall fail to	410
immediately report that knowledge or suspicion to the entity or	411
persons specified in this division. Except as provided in section	412
5120.173 of the Revised Code, the person making the report shall	413
make it to the public children services agency or a municipal or	414
county peace officer in the county in which the child resides or	415
in which the abuse or neglect is occurring or has occurred. In the	416
circumstances described in section 5120.173 of the Revised Code,	417
the person making the report shall make it to the entity specified	418
in that section.	419

(b) Division (A)(1)(a) of this section applies to any person	420
who is an attorney; physician, including a hospital intern or	421
resident; dentist; podiatrist; practitioner of a limited branch of	422
medicine as specified in section 4731.15 of the Revised Code;	423
registered nurse; licensed practical nurse; visiting nurse; other	424
health care professional; licensed psychologist; licensed school	425
psychologist; independent marriage and family therapist or	426
marriage and family therapist; speech pathologist or audiologist;	427
coroner; administrator or employee of a child day-care center;	428
administrator or employee of a residential camp or child day camp;	429
administrator or employee of a certified child care agency or	430
other public or private children services agency; school teacher;	431
school employee; school authority; person engaged in social work	432
or the practice of professional counseling; agent of a county	433
humane society; person rendering spiritual treatment through	434
prayer in accordance with the tenets of a well-recognized	435
religion; superintendent, board member, or employee of a county	436
board of mental retardation; investigative agent contracted with	437
by a county board of mental retardation; or employee of the	438
department of mental retardation and developmental disabilities.	439

(2) An attorney or a physician is not required to make a	440
report pursuant to division (A)(1) of this section concerning any	441
communication the attorney or physician receives from a client or	442
patient in an attorney-client or physician-patient relationship,	443
if, in accordance with division (A) or (B) of section 2317.02 of	444
the Revised Code, the attorney or physician could not testify with	445
respect to that communication in a civil or criminal proceeding,	446
except that the client or patient is deemed to have waived any	447
testimonial privilege under division (A) or (B) of section 2317.02	448
of the Revised Code with respect to that communication and the	449
attorney or physician shall make a report pursuant to division	450
(A)(1) of this section with respect to that communication, if all	451
of the following apply:	452

(a) The client or patient, at the time of the communication,	453
is either a child under eighteen years of age or a mentally	454
retarded, developmentally disabled, or physically impaired person	455
under twenty-one years of age.	456

(b) The attorney or physician knows or suspects, as a result	457
of the communication or any observations made during that	458
communication, that the client or patient has suffered or faces a	459
threat of suffering any physical or mental wound, injury,	460
disability, or condition of a nature that reasonably indicates	461
abuse or neglect of the client or patient.	462

(c) The attorney-client or physician-patient relationship	463
does not arise out of the client's or patient's attempt, prior to	464
the effective date of this amendment, to have an abortion without	465
the notification of her parents, guardian, or custodian in	466
accordance with former section 2151.85 of the Revised Code as it	467
existed prior to the effective date of this amendment.	468

(B) Anyone, who knows or suspects that a child under eighteen	469
years of age or a mentally retarded, developmentally disabled, or	470
physically impaired person under twenty-one years of age has	471
suffered or faces a threat of suffering any physical or mental	472
wound, injury, disability, or other condition of a nature that	473
reasonably indicates abuse or neglect of the child may report or	474
cause reports to be made of that knowledge or suspicion to the	475
entity or persons specified in this division. Except as provided	476
in section 5120.173 of the Revised Code, a person making a report	477
or causing a report to be made under this division shall make it	478
or cause it to be made to the public children services agency or	479
to a municipal or county peace officer. In the circumstances	480
described in section 5120.173 of the Revised Code, a person making	481
a report or causing a report to be made under this division shall	482
make it or cause it to be made to the entity specified in that	483
section.	484

(C) Any report made pursuant to division (A) or (B) of this	485
section shall be made forthwith either by telephone or in person	486
and shall be followed by a written report, if requested by the	487
receiving agency or officer. The written report shall contain:	488

(1) The names and addresses of the child and the child's	489
parents or the person or persons having custody of the child, if	490
known;	491

(2) The child's age and the nature and extent of the child's	492
known or suspected injuries, abuse, or neglect or of the known or	493
suspected threat of injury, abuse, or neglect, including any	494
evidence of previous injuries, abuse, or neglect;	495

(3) Any other information that might be helpful in	496
establishing the cause of the known or suspected injury, abuse, or	497
neglect or of the known or suspected threat of injury, abuse, or	498
neglect.	499

Any person, who is required by division (A) of this section	500
to report known or suspected child abuse or child neglect, may	501
take or cause to be taken color photographs of areas of trauma	502
visible on a child and, if medically indicated, cause to be	503
performed radiological examinations of the child.	504

(D) As used in this division, "children's advocacy center"	505
and "sexual abuse of a child" have the same meanings as in section	506
2151.425 of the Revised Code.	507

(1) When a municipal or county peace officer receives a	508
report concerning the possible abuse or neglect of a child or the	509
possible threat of abuse or neglect of a child, upon receipt of	510
the report, the municipal or county peace officer who receives the	511
report shall refer the report to the appropriate public children	512
services agency.	513

(2) When a public children services agency receives a report	514
pursuant to this division or division (A) or (B) of this section,	515
upon receipt of the report, the public children services agency	516
shall do both of the following:	517

(a) Comply with section 2151.422 of the Revised Code;

518

(b) If the county served by the agency is also served by a	519
children's advocacy center and the report alleges sexual abuse of	520
a child or another type of abuse of a child that is specified in	521
the memorandum of understanding that creates the center as being	522
within the center's jurisdiction, comply regarding the report with	523
the protocol and procedures for referrals and investigations, with	524
the coordinating activities, and with the authority or	525
responsibility for performing or providing functions, activities,	526
and services stipulated in the interagency agreement entered into	527
under section 2151.428 of the Revised Code relative to that	528
center.	529

(E) No township, municipal, or county peace officer shall	530
remove a child about whom a report is made pursuant to this	531
section from the child's parents, stepparents, or guardian or any	532
other persons having custody of the child without consultation	533
with the public children services agency, unless, in the judgment	534
of the officer, and, if the report was made by physician, the	535
physician, immediate removal is considered essential to protect	536
the child from further abuse or neglect. The agency that must be	537
consulted shall be the agency conducting the investigation of the	538
report as determined pursuant to section 2151.422 of the Revised	539
Code.	540

(F)(1) Except as provided in section 2151.422 of the Revised	541
Code or in an interagency agreement entered into under section	542
2151.428 of the Revised Code that applies to the particular	543
report, the public children services agency shall investigate,	544
within twenty-four hours, each report of known or suspected child	545
abuse or child neglect and of a known or suspected threat of child	546
abuse or child neglect that is referred to it under this section	547
to determine the circumstances surrounding the injuries, abuse, or	548
neglect or the threat of injury, abuse, or neglect, the cause of	549
the injuries, abuse, neglect, or threat, and the person or persons	550
responsible. The investigation shall be made in cooperation with	551
the law enforcement agency and in accordance with the memorandum	552
of understanding prepared under division (J) of this section. A	553
representative of the public children services agency shall, at	554
the time of initial contact with the person subject to the	555
investigation, inform the person of the specific complaints or	556
allegations made against the person. The information shall be	557
given in a manner that is consistent with division (H)(1) of this	558
section and protects the rights of the person making the report	559
under this section.	560

A failure to make the investigation in accordance with the	561
memorandum is not grounds for, and shall not result in, the	562
dismissal of any charges or complaint arising from the report or	563
the suppression of any evidence obtained as a result of the report	564
and does not give, and shall not be construed as giving, any	565
rights or any grounds for appeal or post-conviction relief to any	566
person. The public children services agency shall report each case	567
to a central registry which the department of job and family	568
services shall maintain in order to determine whether prior	569
reports have been made in other counties concerning the child or	570
other principals in the case. The public children services agency	571
shall submit a report of its investigation, in writing, to the law	572
enforcement agency.	573

(2) The public children services agency shall make any	574
recommendations to the county prosecuting attorney or city	575
director of law that it considers necessary to protect any	576
children that are brought to its attention.	577

(G)(1)(a) Except as provided in division (H)(3) of this	578
section, anyone or any hospital, institution, school, health	579
department, or agency participating in the making of reports under	580
division (A) of this section, anyone or any hospital, institution,	581
school, health department, or agency participating in good faith	582
in the making of reports under division (B) of this section, and	583
anyone participating in good faith in a judicial proceeding	584
resulting from the reports, shall be immune from any civil or	585
criminal liability for injury, death, or loss to person or	586
property that otherwise might be incurred or imposed as a result	587
of the making of the reports or the participation in the judicial	588
proceeding.	589

(b) Notwithstanding section 4731.22 of the Revised Code, the	590
physician-patient privilege shall not be a ground for excluding	591
evidence regarding a child's injuries, abuse, or neglect, or the	592
cause of the injuries, abuse, or neglect in any judicial	593
proceeding resulting from a report submitted pursuant to this	594
section.	595

(2) In any civil or criminal action or proceeding in which it	596
is alleged and proved that participation in the making of a report	597
under this section was not in good faith or participation in a	598
judicial proceeding resulting from a report made under this	599
section was not in good faith, the court shall award the	600
prevailing party reasonable attorney's fees and costs and, if a	601
civil action or proceeding is voluntarily dismissed, may award	602
reasonable attorney's fees and costs to the party against whom the	603
civil action or proceeding is brought.	604

(H)(1) Except as provided in divisions (H)(4) and (M) of this	605
section, a report made under this section is confidential. The	606
information provided in a report made pursuant to this section and	607
the name of the person who made the report shall not be released	608
for use, and shall not be used, as evidence in any civil action or	609
proceeding brought against the person who made the report. In a	610
criminal proceeding, the report is admissible in evidence in	611
accordance with the Rules of Evidence and is subject to discovery	612
in accordance with the Rules of Criminal Procedure.	613

(2) No person shall permit or encourage the unauthorized	614
dissemination of the contents of any report made under this	615
section.	616

(3) A person who knowingly makes or causes another person to	617
make a false report under division (B) of this section that	618
alleges that any person has committed an act or omission that	619
resulted in a child being an abused child or a neglected child is	620
guilty of a violation of section 2921.14 of the Revised Code.	621

(4) If a report is made pursuant to division (A) or (B) of	622
this section and the child who is the subject of the report dies	623
for any reason at any time after the report is made, but before	624
the child attains eighteen years of age, the public children	625
services agency or municipal or county peace officer to which the	626
report was made or referred, on the request of the child fatality	627
review board, shall submit a summary sheet of information	628
providing a summary of the report to the review board of the	629
county in which the deceased child resided at the time of death.	630
On the request of the review board, the agency or peace officer	631
may, at its discretion, make the report available to the review	632
board. If the county served by the public children services agency	633
is also served by a children's advocacy center and the report of	634
alleged sexual abuse of a child or another type of abuse of a	635
child is specified in the memorandum of understanding that creates	636
the center as being within the center's jurisdiction, the agency	637
or center shall perform the duties and functions specified in this	638
division in accordance with the interagency agreement entered into	639
under section 2151.428 of the Revised Code relative to that	640
advocacy center.	641

(5) A public children services agency shall advise a person	642
alleged to have inflicted abuse or neglect on a child who is the	643
subject of a report made pursuant to this section, including a	644
report alleging sexual abuse of a child or another type of abuse	645
of a child referred to a children's advocacy center pursuant to an	646
interagency agreement entered into under section 2151.428 of the	647
Revised Code, in writing of the disposition of the investigation.	648
The agency shall not provide to the person any information that	649
identifies the person who made the report, statements of	650
witnesses, or police or other investigative reports.	651

(I) Any report that is required by this section, other than a	652
report that is made to the state highway patrol as described in	653
section 5120.173 of the Revised Code, shall result in protective	654
services and emergency supportive services being made available by	655
the public children services agency on behalf of the children	656
about whom the report is made, in an effort to prevent further	657
neglect or abuse, to enhance their welfare, and, whenever	658
possible, to preserve the family unit intact. The agency required	659
to provide the services shall be the agency conducting the	660
investigation of the report pursuant to section 2151.422 of the	661
Revised Code.	662

(J)(1) Each public children services agency shall prepare a	663
memorandum of understanding that is signed by all of the	664
following:	665

(a) If there is only one juvenile judge in the county, the	666
juvenile judge of the county or the juvenile judge's	667
representative;	668

(b) If there is more than one juvenile judge in the county, a	669
juvenile judge or the juvenile judges' representative selected by	670
the juvenile judges or, if they are unable to do so for any	671
reason, the juvenile judge who is senior in point of service or	672
the senior juvenile judge's representative;	673

(c) The county peace officer;

674

(d) All chief municipal peace officers within the county;

675

(e) Other law enforcement officers handling child abuse and	676
neglect cases in the county;	677

(f) The prosecuting attorney of the county;

678

(g) If the public children services agency is not the county	679
department of job and family services, the county department of	680
job and family services;	681

(h) The county humane society;

682

(i) If the public children services agency participated in	683
the execution of a memorandum of understanding under section	684
2151.426 of the Revised Code establishing a children's advocacy	685
center, each participating member of the children's advocacy	686
center established by the memorandum.	687

(2) A memorandum of understanding shall set forth the normal	688
operating procedure to be employed by all concerned officials in	689
the execution of their respective responsibilities under this	690
section and division (C) of section 2919.21, division (B)(1) of	691
section 2919.22, division (B) of section 2919.23, and section	692
2919.24 of the Revised Code and shall have as two of its primary	693
goals the elimination of all unnecessary interviews of children	694
who are the subject of reports made pursuant to division (A) or	695
(B) of this section and, when feasible, providing for only one	696
interview of a child who is the subject of any report made	697
pursuant to division (A) or (B) of this section. A failure to	698
follow the procedure set forth in the memorandum by the concerned	699
officials is not grounds for, and shall not result in, the	700
dismissal of any charges or complaint arising from any reported	701
case of abuse or neglect or the suppression of any evidence	702
obtained as a result of any reported child abuse or child neglect	703
and does not give, and shall not be construed as giving, any	704
rights or any grounds for appeal or post-conviction relief to any	705
person.	706

(3) A memorandum of understanding shall include all of the	707
following:	708

(a) The roles and responsibilities for handling emergency and	709
nonemergency cases of abuse and neglect;	710

(b) Standards and procedures to be used in handling and	711
coordinating investigations of reported cases of child abuse and	712
reported cases of child neglect, methods to be used in	713
interviewing the child who is the subject of the report and who	714
allegedly was abused or neglected, and standards and procedures	715
addressing the categories of persons who may interview the child	716
who is the subject of the report and who allegedly was abused or	717
neglected.	718

(4) If a public children services agency participated in the	719
execution of a memorandum of understanding under section 2151.426	720
of the Revised Code establishing a children's advocacy center, the	721
agency shall incorporate the contents of that memorandum in the	722
memorandum prepared pursuant to this section.	723

(K)(1) Except as provided in division (K)(4) of this section,	724
a person who is required to make a report pursuant to division (A)	725
of this section may make a reasonable number of requests of the	726
public children services agency that receives or is referred the	727
report, or of the children's advocacy center that is referred the	728
report if the report is referred to a children's advocacy center	729
pursuant to an interagency agreement entered into under section	730
2151.428 of the Revised Code, to be provided with the following	731
information:	732

(a) Whether the agency or center has initiated an	733
investigation of the report;	734

(b) Whether the agency or center is continuing to investigate	735
the report;	736

(c) Whether the agency or center is otherwise involved with	737
the child who is the subject of the report;	738

(d) The general status of the health and safety of the child	739
who is the subject of the report;	740

(e) Whether the report has resulted in the filing of a	741
complaint in juvenile court or of criminal charges in another	742
court.	743

(2) A person may request the information specified in	744
division (K)(1) of this section only if, at the time the report is	745
made, the person's name, address, and telephone number are	746
provided to the person who receives the report.	747

When a municipal or county peace officer or employee of a	748
public children services agency receives a report pursuant to	749
division (A) or (B) of this section the recipient of the report	750
shall inform the person of the right to request the information	751
described in division (K)(1) of this section. The recipient of the	752
report shall include in the initial child abuse or child neglect	753
report that the person making the report was so informed and, if	754
provided at the time of the making of the report, shall include	755
the person's name, address, and telephone number in the report.	756

Each request is subject to verification of the identity of	757
the person making the report. If that person's identity is	758
verified, the agency shall provide the person with the information	759
described in division (K)(1) of this section a reasonable number	760
of times, except that the agency shall not disclose any	761
confidential information regarding the child who is the subject of	762
the report other than the information described in those	763
divisions.	764

(3) A request made pursuant to division (K)(1) of this	765
section is not a substitute for any report required to be made	766
pursuant to division (A) of this section.	767

(4) If an agency other than the agency that received or was	768
referred the report is conducting the investigation of the report	769
pursuant to section 2151.422 of the Revised Code, the agency	770
conducting the investigation shall comply with the requirements of	771
division (K) of this section.	772

(L) The director of job and family services shall adopt rules	773
in accordance with Chapter 119. of the Revised Code to implement	774
this section. The department of job and family services may enter	775
into a plan of cooperation with any other governmental entity to	776
aid in ensuring that children are protected from abuse and	777
neglect. The department shall make recommendations to the attorney	778
general that the department determines are necessary to protect	779
children from child abuse and child neglect.	780

(M)(1) As used in this division:

781

(a) "Out-of-home care" includes a nonchartered nonpublic	782
school if the alleged child abuse or child neglect, or alleged	783
threat of child abuse or child neglect, described in a report	784
received by a public children services agency allegedly occurred	785
in or involved the nonchartered nonpublic school and the alleged	786
perpetrator named in the report holds a certificate, permit, or	787
license issued by the state board of education under section	788
3301.071 or Chapter 3319. of the Revised Code.	789

(b) "Administrator, director, or other chief administrative	790
officer" means the superintendent of the school district if the	791
out-of-home care entity subject to a report made pursuant to this	792
section is a school operated by the district.	793

(2) No later than the end of the day following the day on	794
which a public children services agency receives a report of	795
alleged child abuse or child neglect, or a report of an alleged	796
threat of child abuse or child neglect, that allegedly occurred in	797
or involved an out-of-home care entity, the agency shall provide	798
written notice of the allegations contained in and the person	799
named as the alleged perpetrator in the report to the	800
administrator, director, or other chief administrative officer of	801
the out-of-home care entity that is the subject of the report	802
unless the administrator, director, or other chief administrative	803
officer is named as an alleged perpetrator in the report. If the	804
administrator, director, or other chief administrative officer of	805
an out-of-home care entity is named as an alleged perpetrator in a	806
report of alleged child abuse or child neglect, or a report of an	807
alleged threat of child abuse or child neglect, that allegedly	808
occurred in or involved the out-of-home care entity, the agency	809
shall provide the written notice to the owner or governing board	810
of the out-of-home care entity that is the subject of the report.	811
The agency shall not provide witness statements or police or other	812
investigative reports.	813

(3) No later than three days after the day on which a public	814
children services agency that conducted the investigation as	815
determined pursuant to section 2151.422 of the Revised Code makes	816
a disposition of an investigation involving a report of alleged	817
child abuse or child neglect, or a report of an alleged threat of	818
child abuse or child neglect, that allegedly occurred in or	819
involved an out-of-home care entity, the agency shall send written	820
notice of the disposition of the investigation to the	821
administrator, director, or other chief administrative officer and	822
the owner or governing board of the out-of-home care entity. The	823
agency shall not provide witness statements or police or other	824
investigative reports.	825

Sec. 2305.11.  (A) An action for libel, slander, malicious	826
prosecution, or false imprisonment, an action for malpractice	827
other than an action upon a medical, dental, optometric, or	828
chiropractic claim, or an action upon a statute for a penalty or	829
forfeiture shall be commenced within one year after the cause of	830
action accrued, provided that an action by an employee for the	831
payment of unpaid minimum wages, unpaid overtime compensation, or	832
liquidated damages by reason of the nonpayment of minimum wages or	833
overtime compensation shall be commenced within two years after	834
the cause of action accrued.	835

(B) A civil action for unlawful abortion or for facilitating	836
an abortion pursuant to section 2919.12 of the Revised Code, a	837
civil action authorized by division (H)(C) of section 2317.56 of	838
the Revised Code, a civil action pursuant to division (B)(1) or	839
(2) of section 2307.512307.53 of the Revised Code for performing	840
a dilation and extraction procedure or attempting to perform a	841
dilation and extractionpartial birth procedure prior to the	842
effective date of this amendment in violation of former section	843
2919.152919.151 of the Revised Code as it existed prior to the	844
effective date of this amendment, and a civil action pursuant to	845
division (B)(1) or (2) of section 2307.52 of the Revised Code for	846
terminating or attempting to terminate a human pregnancy after	847
viability prior to the effective date of this amendment in	848
violation of division (A) or (B) of former section 2919.17 of the	849
Revised Code as they existed prior to the effective date of this	850
amendment, and a civil action pursuant to section 4731.91 or	851
5101.55 of the Revised Code shall be commenced within one year	852
after the performance or inducement of the abortion, within one	853
year after the attempt to perform or induce the abortion in	854
violation of division (A) or (B) of former section 2919.17 of the	855
Revised Code as it existed prior to the effective date of this	856
amendment, within one year after the performance of the dilation	857
and extractionpartial birth procedure, or, in the case of a civil	858
action pursuant to division (B)(2) of section 2307.51 of the	859
Revised Code, within one year after the attempt to perform the	860
dilation and extraction procedurewithin one year after the	861
conduct in violation of section 4731.91 or 5101.55 of the Revised	862
Code, whichever is applicable.	863

(C) As used in this section, "medical claim," "dental claim,"	864
"optometric claim," and "chiropractic claim" have the same	865
meanings as in section 2305.113 of the Revised Code.	866

Sec. 2307.46.  (A) In any civil action based on or related to	867
any injury, death, or loss to person or property suffered as a	868
result of the performance or inducement of an abortion prior to,	869
on, or after the effective date of this amendment or suffered as a	870
result of an attempt to perform or induce an abortion prior to,	871
on, or after that date, the woman upon whom the abortion was	872
allegedly performed, induced, or attempted, at the time of the	873
filing of the complaint in the civil action, may file a motion	874
with the court requesting that her identity only be revealed to	875
the defendant and to the court and that in all other respects the	876
civil action be conducted in a manner that maintains her	877
confidentiality. The motion shall set forth the reasons for the	878
requested confidentiality. Prior to service of the complaint, the	879
court shall conduct an ex parte hearing in a timely manner to	880
determine whether sufficient cause exists to require that the	881
confidentiality of the movant be maintained in the civil action.	882
The decision of the court on the motion is final and is not	883
subject to appeal.	884

(B) The supreme court shall prescribe rules to implement	885
division (A) of this section.	886

Sec. 2307.52.  (A) As used in this section:

887

(1) "Frivolous conduct" has the same meaning as in section	888
2323.51 of the Revised Code.	889

(2) "Viable" has the same meaning as in former section	890
2919.16 of the Revised Code as it existed prior to the effective	891
date of this amendment.	892

(B)(1) A woman upon whom, prior to the effective date of this	893
amendment, an abortion is purposely performed or induced or	894
attempted to be performed or induced in violation of division (A)	895
of former section 2919.17 of the Revised Code as it existed prior	896
to the effective date of this amendment has and may commence a	897
civil action for compensatory damages, punitive or exemplary	898
damages if authorized by section 2315.21 of the Revised Code, and	899
court costs and reasonable attorney's fees against the person who	900
purposely performed or induced or attempted to perform or induce	901
the abortion in violation of division (A) of former section	902
2919.17 of the Revised Code as it existed prior to the effective	903
date of this amendment.	904

(2) A woman upon whom, prior to the effective date of this	905
amendment, an abortion is purposely performed or induced or	906
attempted to be performed or induced in violation of division (B)	907
of former section 2919.17 of the Revised Code as it existed prior	908
to the effective date of this amendment has and may commence a	909
civil action for compensatory damages, punitive or exemplary	910
damages if authorized by section 2315.21 of the Revised Code, and	911
court costs and reasonable attorney's fees against the person who	912
purposely performed or induced or attempted to perform or induce	913
the abortion in violation of division (B) of former section	914
2919.17 of the Revised Code as it existed prior to the effective	915
date of this amendment.	916

(C) If a judgment is rendered in favor of the defendant in a	917
civil action commenced pursuant to division (B)(1) or (2) of this	918
section and the court finds, upon the filing of a motion under	919
section 2323.51 of the Revised Code, that the commencement of the	920
civil action constitutes frivolous conduct and that the defendant	921
was adversely affected by the frivolous conduct, the court shall	922
award in accordance with section 2323.51 of the Revised Code	923
reasonable attorney's fees to the defendant.	924

Sec. 2307.53.  (A) As used in this section:

925

(1) "Frivolous conduct" has the same meaning as in section	926
2323.51 of the Revised Code.	927

(2) "Partial birth procedure" has the same meaning as in	928
former section 2919.151 of the Revised Code as it existed prior to	929
the effective date of this amendment.	930

(B) A woman upon whom, prior to the effective date of this	931
amendment, a partial birth procedure is performed in violation of	932
division (B) or (C) of former section 2919.151 of the Revised Code	933
as it existed prior to the effective date of this amendment, the	934
father of the child if the child was not conceived by rape, or the	935
parent of the woman if the woman is not eighteen years of age or	936
older at the time of the violation has and may commence a civil	937
action for compensatory damages, punitive or exemplary damages if	938
authorized by section 2315.21 of the Revised Code, and court costs	939
and reasonable attorney's fees against the person who committed	940
the violation.	941

(C) If a judgment is rendered in favor of the defendant in a	942
civil action commenced pursuant to division (B) of this section	943
and the court finds, upon the filing of a motion under section	944
2323.51 of the Revised Code, that the commencement of the civil	945
action constitutes frivolous conduct and that the defendant was	946
adversely affected by the frivolous conduct, the court shall award	947
in accordance with section 2323.51 of the Revised Code reasonable	948
attorney's fees to the defendant.	949

Sec. 2317.56.  (A) As used in this section:

950

(1) "Medical emergency" means a condition of a pregnant woman	951
that, in the reasonable judgment of the physician who is attending	952
the woman, creates an immediate threat of serious risk to the life	953
or physical health of the woman from the continuation of the	954
pregnancy necessitating the immediate performance or inducement of	955
an abortion.	956

(2) "Medical necessity" means a medical condition of a	957
pregnant woman that, in the reasonable judgment of the physician	958
who is attending the woman, so complicates the pregnancy that it	959
necessitates the immediate performance or inducement of an	960
abortion.	961

(3) "Probable gestational age of the embryo or fetus" means	962
the gestational age that, in the judgment of a physician, is, with	963
reasonable probability, the gestational age of the embryo or fetus	964
at the time that the physician informs a pregnant woman pursuant	965
to division (B)(1)(b) of this section.	966

(B) Except when there is a medical emergency or medical	967
necessity, an abortion shall be performed or induced only if all	968
of the following conditions are satisfied:	969

(1) At least twenty-four hours prior to the performance or	970
inducement of the abortion, a physician meets with the pregnant	971
woman in person in an individual, private setting and gives her an	972
adequate opportunity to ask questions about the abortion that will	973
be performed or induced. At this meeting, the physician shall	974
inform the pregnant woman, verbally or, if she is hearing	975
impaired, by other means of communication, of all of the	976
following:	977

(a) The nature and purpose of the particular abortion	978
procedure to be used and the medical risks associated with that	979
procedure;	980

(b) The probable gestational age of the embryo or fetus;

981

(c) The medical risks associated with the pregnant woman	982
carrying the pregnancy to term.	983

The meeting need not occur at the facility where the abortion	984
is to be performed or induced, and the physician involved in the	985
meeting need not be affiliated with that facility or with the	986
physician who is scheduled to perform or induce the abortion.	987

(2) At least twenty-four hours prior to the performance or	988
inducement of the abortion, one or more physicians or one or more	989
agents of one or more physicians do each of the following in	990
person, by telephone, by certified mail, return receipt requested,	991
or by regular mail evidenced by a certificate of mailing:	992

(a) Inform the pregnant woman of the name of the physician	993
who is scheduled to perform or induce the abortion;	994

(b) Give the pregnant woman copies of the published materials	995
described in division (C) of this section;	996

(c) Inform the pregnant woman that the materials given	997
pursuant to division (B)(2)(b) of this section are provided by the	998
state and that they describe the embryo or fetus and list agencies	999
that offer alternatives to abortion. The pregnant woman may choose	1000
to examine or not to examine the materials. A physician or an	1001
agent of a physician may choose to be disassociated from the	1002
materials and may choose to comment or not comment on the	1003
materials.	1004

(3) Prior to the performance or inducement of the abortion,	1005
the pregnant woman signs a form consenting to the abortion and	1006
certifies both of the following on that form:	1007

(a) She has received the information and materials described	1008
in divisions (B)(1) and (2) of this section, and her questions	1009
about the abortion that will be performed or induced have been	1010
answered in a satisfactory manner.	1011

(b) She consents to the particular abortion voluntarily,	1012
knowingly, intelligently, and without coercion by any person, and	1013
she is not under the influence of any drug of abuse or alcohol.	1014

(4) Prior to the performance or inducement of the abortion,	1015
the physician who is scheduled to perform or induce the abortion	1016
or the physician's agent receives a copy of the pregnant woman's	1017
signed form on which she consents to the abortion and that	1018
includes the certification required by division (B)(3) of this	1019
section.	1020

(C) The department of health shall cause to be published in	1021
English and in Spanish, in a typeface large enough to be clearly	1022
legible, and in an easily comprehensible format, the following	1023
materials:	1024

(1) Materials that inform the pregnant womanwomen about	1025
family planning information, of publicly funded agencies that are	1026
available to assist in family planning, and of public and private	1027
agencies and services that are available to assist herthem	1028
through thetheir pregnancy, upon childbirth, and while thetheir	1029
child is dependent, including, but not limited to, adoption	1030
agencies. The materials shall be geographically indexed; include a	1031
comprehensive list of the available agencies, a description of the	1032
services offered by the agencies, and the telephone numbers and	1033
addresses of the agencies; and inform the pregnant womanwomen	1034
about available medical assistance benefits for prenatal care,	1035
childbirth, and neonatal care and about the support obligations of	1036
the father of a child who is born alive. The department shall	1037
ensure that the materials described in division (C)(A)(1) of this	1038
section are comprehensive and do not directly or indirectly	1039
promote, exclude, or discourage the use of any agency or service	1040
described in this division.	1041

(2) Materials that inform the pregnant womanwomen of the	1042
probable anatomical and physiological characteristics of thetheir	1043
zygote, blastocyte, embryo, or fetus at two-week gestational	1044
increments for the first sixteen weeks of pregnancy and at	1045
four-week gestational increments from the seventeenth week of	1046
pregnancy to full term, including any relevant information	1047
regarding the time at which thetheir fetus possibly would be	1048
viable. The department shall cause these materials to be published	1049
only after it consults with the Ohio state medical association and	1050
the Ohio section of the American college of obstetricians and	1051
gynecologists relative to the probable anatomical and	1052
physiological characteristics of a zygote, blastocyte, embryo, or	1053
fetus at the various gestational increments. The materials shall	1054
use language that is understandable by the average person who is	1055
not medically trained, shall be objective and nonjudgmental, and	1056
shall include only accurate scientific information about the	1057
zygote, blastocyte, embryo, or fetus at the various gestational	1058
increments. If the materials use a pictorial, photographic, or	1059
other depiction to provide information regarding the zygote,	1060
blastocyte, embryo, or fetus, the materials shall include, in a	1061
conspicuous manner, a scale or other explanation that is	1062
understandable by the average person and that can be used to	1063
determine the actual size of the zygote, blastocyte, embryo, or	1064
fetus at a particular gestational increment as contrasted with the	1065
depicted size of the zygote, blastocyte, embryo, or fetus at that	1066
gestational increment.	1067

(D)(B) Upon the submission of a request to the department of	1068
health by any person, hospital, physician, or medical facility for	1069
one or more copies of the materials published in accordance with	1070
division (C)(A) of this section, the department shall make the	1071
requested number of copies of the materials available to the	1072
person, hospital, physician, or medical facility that requested	1073
the copies.	1074

(E) If a medical emergency or medical necessity compels the	1075
performance or inducement of an abortion, the physician who will	1076
perform or induce the abortion, prior to its performance or	1077
inducement if possible, shall inform the pregnant woman of the	1078
medical indications supporting the physician's judgment that an	1079
immediate abortion is necessary. Any physician who performs or	1080
induces an abortion without the prior satisfaction of the	1081
conditions specified in division (B) of this section because of a	1082
medical emergency or medical necessity shall enter the reasons for	1083
the conclusion that a medical emergency or medical necessity	1084
exists in the medical record of the pregnant woman.	1085

(F) If the conditions specified in division (B) of this	1086
section are satisfied, consent to an abortion shall be presumed to	1087
be valid and effective.	1088

(G) The performance or inducement of an abortion without the	1089
prior satisfaction of the conditions specified in division (B) of	1090
this section does not constitute, and shall not be construed as	1091
constituting, a violation of division (A) of section 2919.12 of	1092
the Revised Code. The failure of a physician to satisfy the	1093
conditions of division (B) of this section prior to performing or	1094
inducing an abortion upon a pregnant woman may be the basis of	1095
both of the following:	1096

(1) A civil action for compensatory and exemplary damages as	1097
described in division (H) of this section;	1098

(2) Disciplinary action under section 4731.22 of the Revised	1099
Code.	1100

(H)(C)(1) Subject to divisions (H)division (C)(2) and (3) of	1101
this section, any physician who performs or induces an abortion	1102
with actual knowledge that the conditions specified in division	1103
(B) of this section have not been satisfied or with a heedless	1104
indifference as to whether those conditions have been satisfiedin	1105
violation of section 2919.12 of the Revised Code is liable in	1106
compensatory and exemplary damages in a civil action to the	1107
persons specified in division (C) of that section and to any	1108
person, or the representative of the estate of any person, who	1109
sustains injury, death, or loss to person or property as a result	1110
of the failure to satisfy those conditionsabortion. In the civil	1111
action, the court additionally may enter any injunctive or other	1112
equitable relief that it considers appropriate.	1113

(2) The following shall be affirmative defenses in a civil	1114
action authorized by division (H)(1) of this section:	1115

(a) The physician performed or induced the abortion under the	1116
circumstances described in division (E) of this section.	1117

(b) The physician made a good faith effort to satisfy the	1118
conditions specified in division (B) of this section.	1119

(c) The physician or an agent of the physician requested	1120
copies of the materials published in accordance with division (C)	1121
of this section from the department of health, but the physician	1122
was not able to give a pregnant woman copies of the materials	1123
pursuant to division (B)(2) of this section and to obtain a	1124
certification as described in divisions (B)(3) and (4) of this	1125
section because the department failed to make the requested number	1126
of copies available to the physician or agent in accordance with	1127
division (D) of this section.	1128

(3) An employer or other principal is not liable in damages	1129
in a civil action authorized by division (H)(C)(1) of this section	1130
on the basis of the doctrine of respondeat superior unless either	1131
of the following applies:	1132

(a) The employer or other principal had actual knowledge or,	1133
by the exercise of reasonable diligence, should have known that an	1134
employee or agent performed or induced an abortion with actual	1135
knowledge that the conditions specified in division (B) of thisin	1136
violation of section had not been satisfied or with a heedless	1137
indifference as to whether those conditions had been satisfied	1138
2919.12 of the Revised Code.	1139

(b) The employer or other principal negligently failed to	1140
secure the compliance of an employee or agent with division (B) of	1141
this section.	1142

(4) Notwithstanding division (E) of section 2919.12 of the	1143
Revised Code, the civil action authorized by division (H)(1) of	1144
this section shall be the exclusive civil remedy for persons, or	1145
the representatives of estates of persons, who allegedly sustain	1146
injury, death, or loss to person or property as a result of a	1147
failure to satisfy the conditions specified in division (B) of	1148
this section.	1149

(I)(D) The department of job and family services shall	1150
prepare and conduct a public information program to inform women	1151
of all available governmental programs and agencies that provide	1152
services or assistance for family planning, prenatal care, child	1153
care, or alternatives to abortion.	1154

Sec. 2505.02.  (A) As used in this section:

1155

(1) "Substantial right" means a right that the United States	1156
Constitution, the Ohio Constitution, a statute, the common law, or	1157
a rule of procedure entitles a person to enforce or protect.	1158

(2) "Special proceeding" means an action or proceeding that	1159
is specially created by statute and that prior to 1853 was not	1160
denoted as an action at law or a suit in equity.	1161

(3) "Provisional remedy" means a proceeding ancillary to an	1162
action, including, but not limited to, a proceeding for a	1163
preliminary injunction, attachment, discovery of privileged	1164
matter, suppression of evidence, a prima-facie showing pursuant to	1165
section 2307.85 or 2307.86 of the Revised Code, a prima-facie	1166
showing pursuant to section 2307.92 of the Revised Code, or a	1167
finding made pursuant to division (A)(3) of section 2307.93 of the	1168
Revised Code.	1169

(B) An order is a final order that may be reviewed, affirmed,	1170
modified, or reversed, with or without retrial, when it is one of	1171
the following:	1172

(1) An order that affects a substantial right in an action	1173
that in effect determines the action and prevents a judgment;	1174

(2) An order that affects a substantial right made in a	1175
special proceeding or upon a summary application in an action	1176
after judgment;	1177

(3) An order that vacates or sets aside a judgment or grants	1178
a new trial;	1179

(4) An order that grants or denies a provisional remedy and	1180
to which both of the following apply:	1181

(a) The order in effect determines the action with respect to	1182
the provisional remedy and prevents a judgment in the action in	1183
favor of the appealing party with respect to the provisional	1184
remedy.	1185

(b) The appealing party would not be afforded a meaningful or	1186
effective remedy by an appeal following final judgment as to all	1187
proceedings, issues, claims, and parties in the action.	1188

(5) An order that determines that an action may or may not be	1189
maintained as a class action;	1190

(6) An order determining the constitutionality of any changes	1191
to the Revised Code made by Am. Sub. S.B. 281 of the 124th general	1192
assembly, including the amendment of sections 1751.67, 2117.06,	1193
2305.11, 2305.15, 2305.234, 2317.02, 2317.54, 2323.56, 2711.21,	1194
2711.22, 2711.23, 2711.24, 2743.02, 2743.43, 2919.16, 3923.63,	1195
3923.64, 4705.15, and 5111.018, and the enactment of sections	1196
2305.113, 2323.41, 2323.43, and 2323.55, and the amendment of	1197
former section 2919.16 of the Revised Code or any changes made by	1198
Sub. S.B. 80 of the 125th general assembly, including the	1199
amendment of sections 2125.02, 2305.10, 2305.131, 2315.18,	1200
2315.19, and 2315.21 of the Revised Code.	1201

(C) When a court issues an order that vacates or sets aside a	1202
judgment or grants a new trial, the court, upon the request of	1203
either party, shall state in the order the grounds upon which the	1204
new trial is granted or the judgment vacated or set aside.	1205

(D) This section applies to and governs any action, including	1206
an appeal, that is pending in any court on July 22, 1998, and all	1207
claims filed or actions commenced on or after July 22, 1998,	1208
notwithstanding any provision of any prior statute or rule of law	1209
of this state.	1210

Sec. 2901.01.  (A) As used in the Revised Code:

1211

(1) "Force" means any violence, compulsion, or constraint	1212
physically exerted by any means upon or against a person or thing.	1213

(2) "Deadly force" means any force that carries a substantial	1214
risk that it will proximately result in the death of any person.	1215

(3) "Physical harm to persons" means any injury, illness, or	1216
other physiological impairment, regardless of its gravity or	1217
duration.	1218

(4) "Physical harm to property" means any tangible or	1219
intangible damage to property that, in any degree, results in loss	1220
to its value or interferes with its use or enjoyment. "Physical	1221
harm to property" does not include wear and tear occasioned by	1222
normal use.	1223

(5) "Serious physical harm to persons" means any of the	1224
following:	1225

(a) Any mental illness or condition of such gravity as would	1226
normally require hospitalization or prolonged psychiatric	1227
treatment;	1228

(b) Any physical harm that carries a substantial risk of	1229
death;	1230

(c) Any physical harm that involves some permanent	1231
incapacity, whether partial or total, or that involves some	1232
temporary, substantial incapacity;	1233

(d) Any physical harm that involves some permanent	1234
disfigurement or that involves some temporary, serious	1235
disfigurement;	1236

(e) Any physical harm that involves acute pain of such	1237
duration as to result in substantial suffering or that involves	1238
any degree of prolonged or intractable pain.	1239

(6) "Serious physical harm to property" means any physical	1240
harm to property that does either of the following:	1241

(a) Results in substantial loss to the value of the property	1242
or requires a substantial amount of time, effort, or money to	1243
repair or replace;	1244

(b) Temporarily prevents the use or enjoyment of the property	1245
or substantially interferes with its use or enjoyment for an	1246
extended period of time.	1247

(7) "Risk" means a significant possibility, as contrasted	1248
with a remote possibility, that a certain result may occur or that	1249
certain circumstances may exist.	1250

(8) "Substantial risk" means a strong possibility, as	1251
contrasted with a remote or significant possibility, that a	1252
certain result may occur or that certain circumstances may exist.	1253

(9) "Offense of violence" means any of the following:

1254

(a) A violation of section 2903.01, 2903.02, 2903.03,	1255
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211,	1256
2903.22, 2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05,	1257
2909.02, 2909.03, 2909.24, 2911.01, 2911.02, 2911.11, 2917.01,	1258
2917.02, 2917.03, 2917.31, 2919.25, 2921.03, 2921.04, 2921.34, or	1259
2923.161, of division (A)(1), (2), or (3) of section 2911.12, or	1260
of division (B)(1), (2), (3), or (4) of section 2919.22 of the	1261
Revised Code or felonious sexual penetration in violation of	1262
former section 2907.12 of the Revised Code;	1263

(b) A violation of an existing or former municipal ordinance	1264
or law of this or any other state or the United States,	1265
substantially equivalent to any section, division, or offense	1266
listed in division (A)(9)(a) of this section;	1267

(c) An offense, other than a traffic offense, under an	1268
existing or former municipal ordinance or law of this or any other	1269
state or the United States, committed purposely or knowingly, and	1270
involving physical harm to persons or a risk of serious physical	1271
harm to persons;	1272

(d) A conspiracy or attempt to commit, or complicity in	1273
committing, any offense under division (A)(9)(a), (b), or (c) of	1274
this section.	1275

(10)(a) "Property" means any property, real or personal,	1276
tangible or intangible, and any interest or license in that	1277
property. "Property" includes, but is not limited to, cable	1278
television service, other telecommunications service,	1279
telecommunications devices, information service, computers, data,	1280
computer software, financial instruments associated with	1281
computers, other documents associated with computers, or copies of	1282
the documents, whether in machine or human readable form, trade	1283
secrets, trademarks, copyrights, patents, and property protected	1284
by a trademark, copyright, or patent. "Financial instruments	1285
associated with computers" include, but are not limited to,	1286
checks, drafts, warrants, money orders, notes of indebtedness,	1287
certificates of deposit, letters of credit, bills of credit or	1288
debit cards, financial transaction authorization mechanisms,	1289
marketable securities, or any computer system representations of	1290
any of them.	1291

(b) As used in division (A)(10) of this section, "trade	1292
secret" has the same meaning as in section 1333.61 of the Revised	1293
Code, and "telecommunications service" and "information service"	1294
have the same meanings as in section 2913.01 of the Revised Code.	1295

(c) As used in divisions (A)(10) and (13) of this section,	1296
"cable television service," "computer," "computer software,"	1297
"computer system," "computer network," "data," and	1298
"telecommunications device" have the same meanings as in section	1299
2913.01 of the Revised Code.	1300

(11) "Law enforcement officer" means any of the following:

1301

(a) A sheriff, deputy sheriff, constable, police officer of a	1302
township or joint township police district, marshal, deputy	1303
marshal, municipal police officer, member of a police force	1304
employed by a metropolitan housing authority under division (D) of	1305
section 3735.31 of the Revised Code, or state highway patrol	1306
trooper;	1307

(b) An officer, agent, or employee of the state or any of its	1308
agencies, instrumentalities, or political subdivisions, upon whom,	1309
by statute, a duty to conserve the peace or to enforce all or	1310
certain laws is imposed and the authority to arrest violators is	1311
conferred, within the limits of that statutory duty and authority;	1312

(c) A mayor, in the mayor's capacity as chief conservator of	1313
the peace within the mayor's municipal corporation;	1314

(d) A member of an auxiliary police force organized by	1315
county, township, or municipal law enforcement authorities, within	1316
the scope of the member's appointment or commission;	1317

(e) A person lawfully called pursuant to section 311.07 of	1318
the Revised Code to aid a sheriff in keeping the peace, for the	1319
purposes and during the time when the person is called;	1320

(f) A person appointed by a mayor pursuant to section 737.01	1321
of the Revised Code as a special patrolling officer during riot or	1322
emergency, for the purposes and during the time when the person is	1323
appointed;	1324

(g) A member of the organized militia of this state or the	1325
armed forces of the United States, lawfully called to duty to aid	1326
civil authorities in keeping the peace or protect against domestic	1327
violence;	1328

(h) A prosecuting attorney, assistant prosecuting attorney,	1329
secret service officer, or municipal prosecutor;	1330

(i) A veterans' home police officer appointed under section	1331
5907.02 of the Revised Code;	1332

(j) A member of a police force employed by a regional transit	1333
authority under division (Y) of section 306.35 of the Revised	1334
Code;	1335

(k) A special police officer employed by a port authority	1336
under section 4582.04 or 4582.28 of the Revised Code;	1337

(l) The house of representatives sergeant at arms if the	1338
house of representatives sergeant at arms has arrest authority	1339
pursuant to division (E)(1) of section 101.311 of the Revised Code	1340
and an assistant house of representatives sergeant at arms;	1341

(m) A special police officer employed by a municipal	1342
corporation at a municipal airport, or other municipal air	1343
navigation facility, that has scheduled operations, as defined in	1344
section 119.3 of Title 14 of the Code of Federal Regulations, 14	1345
C.F.R. 119.3, as amended, and that is required to be under a	1346
security program and is governed by aviation security rules of the	1347
transportation security administration of the United States	1348
department of transportation as provided in Parts 1542. and 1544.	1349
of Title 49 of the Code of Federal Regulations, as amended.	1350

(12) "Privilege" means an immunity, license, or right	1351
conferred by law, bestowed by express or implied grant, arising	1352
out of status, position, office, or relationship, or growing out	1353
of necessity.	1354

(13) "Contraband" means any property described in the	1355
following categories:	1356

(a) Property that in and of itself is unlawful for a person	1357
to acquire or possess;	1358

(b) Property that is not in and of itself unlawful for a	1359
person to acquire or possess, but that has been determined by a	1360
court of this state, in accordance with law, to be contraband	1361
because of its use in an unlawful activity or manner, of its	1362
nature, or of the circumstances of the person who acquires or	1363
possesses it, including, but not limited to, goods and personal	1364
property described in division (D) of section 2913.34 of the	1365
Revised Code;	1366

(c) Property that is specifically stated to be contraband by	1367
a section of the Revised Code or by an ordinance, regulation, or	1368
resolution;	1369

(d) Property that is forfeitable pursuant to a section of the	1370
Revised Code, or an ordinance, regulation, or resolution,	1371
including, but not limited to, forfeitable firearms, dangerous	1372
ordnance, obscene materials, and goods and personal property	1373
described in division (D) of section 2913.34 of the Revised Code;	1374

(e) Any controlled substance, as defined in section 3719.01	1375
of the Revised Code, or any device, paraphernalia, money as	1376
defined in section 1301.01 of the Revised Code, or other means of	1377
exchange that has been, is being, or is intended to be used in an	1378
attempt or conspiracy to violate, or in a violation of, Chapter	1379
2925. or 3719. of the Revised Code;	1380

(f) Any gambling device, paraphernalia, money as defined in	1381
section 1301.01 of the Revised Code, or other means of exchange	1382
that has been, is being, or is intended to be used in an attempt	1383
or conspiracy to violate, or in the violation of, Chapter 2915. of	1384
the Revised Code;	1385

(g) Any equipment, machine, device, apparatus, vehicle,	1386
vessel, container, liquid, or substance that has been, is being,	1387
or is intended to be used in an attempt or conspiracy to violate,	1388
or in the violation of, any law of this state relating to alcohol	1389
or tobacco;	1390

(h) Any personal property that has been, is being, or is	1391
intended to be used in an attempt or conspiracy to commit, or in	1392
the commission of, any offense or in the transportation of the	1393
fruits of any offense;	1394

(i) Any property that is acquired through the sale or other	1395
transfer of contraband or through the proceeds of contraband,	1396
other than by a court or a law enforcement agency acting within	1397
the scope of its duties;	1398

(j) Any computer, computer system, computer network, computer	1399
software, or other telecommunications device that is used in a	1400
conspiracy to commit, an attempt to commit, or the commission of	1401
any offense, if the owner of the computer, computer system,	1402
computer network, computer software, or other telecommunications	1403
device is convicted of or pleads guilty to the offense in which it	1404
is used;	1405

(k) Any property that is material support or resources and	1406
that has been, is being, or is intended to be used in an attempt	1407
or conspiracy to violate, or in the violation of, section 2909.22,	1408
2909.23, or 2909.24 of the Revised Code or of section 2921.32 of	1409
the Revised Code when the offense or act committed by the person	1410
aided or to be aided as described in that section is an act of	1411
terrorism. As used in division (A)(13)(k) of this section,	1412
"material support or resources" and "act of terrorism" have the	1413
same meanings as in section 2909.21 of the Revised Code.	1414

(14) A person is "not guilty by reason of insanity" relative	1415
to a charge of an offense only if the person proves, in the manner	1416
specified in section 2901.05 of the Revised Code, that at the time	1417
of the commission of the offense, the person did not know, as a	1418
result of a severe mental disease or defect, the wrongfulness of	1419
the person's acts.	1420

(B)(1)(a) Subject to division (B)(2) of this section, as used	1421
in any section contained in Title XXIX of the Revised Code that	1422
sets forth a criminal offense, "person" includes all of the	1423
following:	1424

(i) An individual, corporation, business trust, estate,	1425
trust, partnership, and association;	1426

(ii) An unborn human who is viable.

1427

(b) As used in any section contained in Title XXIX of the	1428
Revised Code that does not set forth a criminal offense, "person"	1429
includes an individual, corporation, business trust, estate,	1430
trust, partnership, and association.	1431

(c) As used in division (B)(1)(a) of this section:

1432

(i) "Unborn human" means an individual organism of the	1433
species Homo sapiens from fertilization until live birth.	1434

(ii) "Viable" means the stage of development of a human fetus	1435
at which there is a realistic possibility of maintaining and	1436
nourishing of a life outside the womb with or without temporary	1437
artificial life-sustaining support.	1438

(2) Notwithstanding division (B)(1)(a) of this section, in no	1439
case shall the portion of the definition of the term "person" that	1440
is set forth in division (B)(1)(a)(ii) of this section be applied	1441
or construed in any section contained in Title XXIX of the Revised	1442
Code that sets forth a criminal offense in any of the following	1443
manners:	1444

(a) Except as otherwise provided in division (B)(2)(a) of	1445
this section, in a manner so that the offense prohibits or is	1446
construed as prohibiting any pregnant woman or her physician from	1447
performing an abortion with the consent of the pregnant woman,	1448
with the consent of the pregnant woman implied by law in a medical	1449
emergency, or with the approval of one otherwise authorized by law	1450
to consent to medical treatment on behalf of the pregnant woman.	1451
An abortion that violates the conditions described in the	1452
immediately preceding sentence may be punished as a violation of	1453
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06,	1454
2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22	1455
of the Revised Code, as applicable. An abortion that does not	1456
violate the conditions described in the second immediately	1457
preceding sentence, but that does violate section 2919.12,	1458
division (B) of section 2919.13, or section 2919.151, 2919.17, or	1459
2919.18 of the Revised Code, may be punished as a violation of	1460
section 2919.12, division (B) of section 2919.13, or section	1461
2919.151, 2919.17, or 2919.18 of the Revised Code, as applicable.	1462
Consent is sufficient under this division if it is of the type	1463
otherwise adequate to permit medical treatment to the pregnant	1464
woman, even if it does not comply with section 2919.12 of the	1465
Revised Code.	1466

(b) In a manner so that the offense is applied or is	1467
construed as applying to a woman based on an act or omission of	1468
the woman that occurs while she is or was pregnant and that	1469
results in any of the following:	1470

(i)(a) Her delivery of a stillborn baby;

1471

(ii)(b) Her causing, in any other manner, the death in utero	1472
of a viable, unborn human that she is carrying;	1473

(iii)(c) Her causing the death of her child who is born alive	1474
but who dies from one or more injuries that are sustained while	1475
the child is a viable, unborn human;	1476

(iv)(d) Her causing her child who is born alive to sustain	1477
one or more injuries while the child is a viable, unborn human;	1478

(v)(e) Her causing, threatening to cause, or attempting to	1479
cause, in any other manner, an injury, illness, or other	1480
physiological impairment, regardless of its duration or gravity,	1481
or a mental illness or condition, regardless of its duration or	1482
gravity, to a viable, unborn human that she is carrying.	1483

(C) As used in Title XXIX of the Revised Code:

1484

(1) "School safety zone" consists of a school, school	1485
building, school premises, school activity, and school bus.	1486

(2) "School," "school building," and "school premises" have	1487
the same meanings as in section 2925.01 of the Revised Code.	1488

(3) "School activity" means any activity held under the	1489
auspices of a board of education of a city, local, exempted	1490
village, joint vocational, or cooperative education school	1491
district; a governing authority of a community school established	1492
under Chapter 3314. of the Revised Code; a governing board of an	1493
educational service center, or the governing body of a school for	1494
which the state board of education prescribes minimum standards	1495
under section 3301.07 of the Revised Code.	1496

(4) "School bus" has the same meaning as in section 4511.01	1497
of the Revised Code.	1498

Sec. 2903.09.  As used in sections 2903.01 to 2903.08,	1499
2903.11 to 2903.14, 2903.21, and 2903.22 of the Revised Code:	1500

(A) "Unlawful termination of another's pregnancy" means	1501
causing the death of an unborn member of the species homo sapiens,	1502
who is or was carried in the womb of another, as a result of	1503
injuries inflicted during the period that begins with	1504
fertilization and that continues unless and until live birth	1505
occurs.	1506

(B) "Another's unborn" or "such other person's unborn" means	1507
a member of the species homo sapiens, who is or was carried in the	1508
womb of another, during a period that begins with fertilization	1509
and that continues unless and until live birth occurs.	1510

(C) Notwithstanding divisions (A) and (B) of this section, in	1511
no case shall the definitions of the terms "unlawful termination	1512
of another's pregnancy," "another's unborn," and "such other	1513
person's unborn" that are set forth in division (A) of this	1514
section be applied or construed in any of the following manners:	1515

(1) Except as otherwise provided in division (C)(1) of this	1516
section, in a manner so that the offense prohibits or is construed	1517
as prohibiting any pregnant woman or her physician from performing	1518
an abortion with the actual consent of the pregnant woman, with	1519
the consent of the pregnant woman implied by law in a medical	1520
emergency, or with the approval of one otherwise authorized by law	1521
to consent to medical treatment on behalf of the pregnant woman.	1522
An abortion that violates the conditions described in the	1523
immediately preceding sentence may be punished as a violation of	1524
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06,	1525
2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22	1526
of the Revised Code, as applicable. An abortion that does not	1527
violate the conditions described in the second immediately	1528
preceding sentence, but that does violate section 2919.12,	1529
division (B) of section 2919.13, or section 2919.151, 2919.17, or	1530
2919.18 of the Revised Code, may be punished as a violation of	1531
section 2919.12, division (B) of section 2919.13, or section	1532
2919.151, 2919.17, or 2919.18 of the Revised Code, as applicable.	1533

(2) In a manner so that the offense is applied or is	1534
construed as applying to a woman based on an act or omission of	1535
the woman that occurs while she is or was pregnant and that	1536
results in any of the following:	1537

(a)(1) Her delivery of a stillborn baby;

1538

(b)(2) Her causing, in any other manner, the death in utero	1539
of an unborn that she is carrying;	1540

(c)(3) Her causing the death of her child who is born alive	1541
but who dies from one or more injuries that are sustained while	1542
the child is an unborn;	1543

(d)(4) Her causing her child who is born alive to sustain one	1544
or more injuries while the child is an unborn;	1545

(e)(5) Her causing, threatening to cause, or attempting to	1546
cause, in any other manner, an injury, illness, or other	1547
physiological impairment, regardless of its duration or gravity,	1548
or a mental illness or condition, regardless of its duration or	1549
gravity, to an unborn that she is carrying.	1550

Sec. 2919.12.  (A) No person shall performdo any of the	1551
following:	1552

(1) Perform or induce an abortion without the informed	1553
consent of the pregnant woman;	1554

(2) Transport another, or cause another to be transported,	1555
across the boundary of this state or of any county in this state	1556
in order to facilitate the other person having an abortion.	1557

(B)(1)(a) No person shall knowingly perform or induce an	1558
abortion upon a woman who is pregnant, unmarried, under eighteen	1559
years of age, and unemancipated unless at least one of the	1560
following applies:	1561

(i) Subject to division (B)(2) of this section, the person	1562
has given at least twenty-four hours actual notice, in person or	1563
by telephone, to one of the woman's parents, her guardian, or her	1564
custodian as to the intention to perform or induce the abortion,	1565
provided that if the woman has requested, in accordance with	1566
division (B)(1)(b) of this section, that notice be given to a	1567
specified brother or sister of the woman who is twenty-one years	1568
of age or older or to a specified stepparent or grandparent of the	1569
woman instead of to one of her parents, her guardian, or her	1570
custodian, and if the person is notified by a juvenile court that	1571
affidavits of the type described in that division have been filed	1572
with that court, the twenty-four hours actual notice described in	1573
this division as to the intention to perform or induce the	1574
abortion shall be given, in person or by telephone, to the	1575
specified brother, sister, stepparent, or grandparent instead of	1576
to the parent, guardian, or custodian;	1577

(ii) One of the woman's parents, her guardian, or her	1578
custodian has consented in writing to the performance or	1579
inducement of the abortion;	1580

(iii) A juvenile court pursuant to section 2151.85 of the	1581
Revised Code issues an order authorizing the woman to consent to	1582
the abortion without notification of one of her parents, her	1583
guardian, or her custodian;	1584

(iv) A juvenile court or a court of appeals, by its inaction,	1585
constructively has authorized the woman to consent to the abortion	1586
without notification of one of her parents, her guardian, or her	1587
custodian under division (B)(1) of section 2151.85 or division (A)	1588
of section 2505.073 of the Revised Code.	1589

(b) If a woman who is pregnant, unmarried, under eighteen	1590
years of age, and unemancipated desires notification as to a	1591
person's intention to perform or induce an abortion on the woman	1592
to be given to a specified brother or sister of the woman who is	1593
twenty-one years of age or older or to a specified stepparent or	1594
grandparent of the woman instead of to one of her parents, her	1595
guardian, or her custodian, the person who intends to perform or	1596
induce the abortion shall notify the specified brother, sister,	1597
stepparent, or grandparent instead of the parent, guardian, or	1598
custodian for purposes of division (B)(1)(a)(i) of this section if	1599
all of the following apply:	1600

(i) The woman has requested the person to provide the	1601
notification to the specified brother, sister, stepparent, or	1602
grandparent, clearly has identified the specified brother, sister,	1603
stepparent, or grandparent and her relation to that person, and,	1604
if the specified relative is a brother or sister, has indicated	1605
the age of the brother or sister;	1606

(ii) The woman has executed an affidavit stating that she is	1607
in fear of physical, sexual, or severe emotional abuse from the	1608
parent, guardian, or custodian who otherwise would be notified	1609
under division (B)(1)(a)(i) of this section, and that the fear is	1610
based on a pattern of physical, sexual, or severe emotional abuse	1611
of her exhibited by that parent, guardian, or custodian, has filed	1612
the affidavit with the juvenile court of the county in which the	1613
woman has a residence or legal settlement, the juvenile court of	1614
any county that borders to any extent the county in which she has	1615
a residence or legal settlement, or the juvenile court of the	1616
county in which the hospital, clinic, or other facility in which	1617
the abortion would be performed or induced is located, and has	1618
given the court written notice of the name and address of the	1619
person who intends to perform or induce the abortion;	1620

(iii) The specified brother, sister, stepparent, or	1621
grandparent has executed an affidavit stating that the woman has	1622
reason to fear physical, sexual, or severe emotional abuse from	1623
the parent, guardian, or custodian who otherwise would be notified	1624
under division (B)(1)(a)(i) of this section, based on a pattern of	1625
physical, sexual, or severe emotional abuse of her by that parent,	1626
guardian, or custodian, and the woman or the specified brother,	1627
sister, stepparent, or grandparent has filed the affidavit with	1628
the juvenile court in which the affidavit described in division	1629
(B)(1)(b)(ii) of this section was filed;	1630

(iv) The juvenile court in which the affidavits described in	1631
divisions (B)(1)(b)(ii) and (iii) of this section were filed has	1632
notified the person that both of those affidavits have been filed	1633
with the court.	1634

(c) If an affidavit of the type described in division	1635
(B)(1)(b)(ii) of this section and an affidavit of the type	1636
described in division (B)(1)(b)(iii) of this section are filed	1637
with a juvenile court and the court has been provided with written	1638
notice of the name and address of the person who intends to	1639
perform or induce an abortion upon the woman to whom the	1640
affidavits pertain, the court promptly shall notify the person who	1641
intends to perform or induce the abortion that the affidavits have	1642
been filed. If possible, the notice to the person shall be given	1643
in person or by telephone.	1644

(2) If division (B)(1)(a)(ii), (iii), or (iv) of this section	1645
does not apply, and if no parent, guardian, or custodian can be	1646
reached for purposes of division (B)(1)(a)(i) of this section	1647
after a reasonable effort, or if notification is to be given to a	1648
specified brother, sister, stepparent, or grandparent under that	1649
division and the specified brother, sister, stepparent, or	1650
grandparent cannot be reached for purposes of that division after	1651
a reasonable effort, no person shall perform or induce such an	1652
abortion without giving at least forty-eight hours constructive	1653
notice to one of the woman's parents, her guardian, or her	1654
custodian, by both certified and ordinary mail sent to the last	1655
known address of the parent, guardian, or custodian, or if	1656
notification for purposes of division (B)(1)(a)(i) of this section	1657
is to be given to a specified brother, sister, stepparent, or	1658
grandparent, without giving at least forty-eight hours	1659
constructive notice to that specified brother, sister, stepparent,	1660
or grandparent by both certified and ordinary mail sent to the	1661
last known address of that specified brother, sister, stepparent,	1662
or grandparent. The forty-eight-hour period under this division	1663
begins when the certified mail notice is mailed. If a parent,	1664
guardian, or custodian of the woman, or if notification under	1665
division (B)(1)(a)(i) of this section is to be given to a	1666
specified brother, sister, stepparent, or grandparent, the	1667
specified brother, sister, stepparent, or grandparent, is not	1668
reached within the forty-eight-hour period, the abortion may	1669
proceed even if the certified mail notice is not received.	1670

(3) If a parent, guardian, custodian, or specified brother,	1671
sister, stepparent, or grandparent who has been notified in	1672
accordance with division (B)(1) or (2) of this section clearly and	1673
unequivocally expresses that he or she does not wish to consult	1674
with a pregnant woman prior to her abortion, then the abortion may	1675
proceed without any further waiting period.	1676

(4) For purposes of prosecutions for a violation of division	1677
(B)(1) or (2) of this section, it shall be a rebuttable	1678
presumption that a woman who is unmarried and under eighteen years	1679
of age is unemancipated.	1680

(C)(1) It is an affirmative defense to a charge under	1681
division (B)(1) or (2) of this section that the pregnant woman	1682
provided the person who performed or induced the abortion with	1683
false, misleading, or incorrect information about her age, marital	1684
status, or emancipation, about the age of a brother or sister to	1685
whom she requested notice be given as a specified relative instead	1686
of to one of her parents, her guardian, or her custodian, or about	1687
the last known address of either of her parents, her guardian, her	1688
custodian, or a specified brother, sister, stepparent, or	1689
grandparent to whom she requested notice be given and the person	1690
who performed or induced the abortion did not otherwise have	1691
reasonable cause to believe the pregnant woman was under eighteen	1692
years of age, unmarried, or unemancipated, to believe that the age	1693
of a brother or sister to whom she requested notice be given as a	1694
specified relative instead of to one of her parents, her guardian,	1695
or her custodian was not twenty-one years of age, or to believe	1696
that the last known address of either of her parents, her	1697
guardian, her custodian, or a specified brother, sister,	1698
stepparent, or grandparent to whom she requested notice be given	1699
was incorrect.	1700

(2) It is an affirmative defense to a charge under this	1701
section that compliance with the requirements of this section was	1702
not possible because an immediate threat of serious risk to the	1703
life or physical health of the pregnant woman from the	1704
continuation of her pregnancy created an emergency necessitating	1705
the immediate performance or inducement of an abortion.	1706

(D) Whoever violates division (A)(1) of this section is	1707
guilty of unlawful abortion. A violation of division (A) of this	1708
section is a misdemeanor of the first degree on the first offense	1709
and a felony of the fourth degree on each subsequent offense. A	1710
violation of division (B) of this section is a misdemeanor of the	1711
first degree on a first offense and a felony of the fifth degree	1712
on each subsequent offenseWhoever violates division (A)(2) of	1713
this section is guilty of facilitating an abortion. Unlawful	1714
abortion or facilitating an abortion is a felony of the second	1715
degree or, if the offender previously has been convicted of or	1716
pleaded guilty to a violation of this section, sections 2919.123,	1717
2919.13, or 2919.14 of the Revised Code, or former sections	1718
2919.121, 2919.151, 2919.17, or 2919.18 of the Revised Code as	1719
they existed prior to the effective date of this amendment, a	1720
felony of the first degree.	1721

(E)(C) Whoever violates this section is liable to the	1722
pregnant woman, to the person who was the father of the fetus or	1723
embryo that was the subject of the abortion, and, if the pregnant	1724
woman was a minor at the time of the abortion, to her parents,	1725
guardian, or custodian for civil compensatory and exemplary	1726
damages.	1727

(F) As used in this section "unemancipated" means that a	1728
woman who is unmarried and under eighteen years of age has not	1729
entered the armed services of the United States, has not become	1730
employed and self-subsisting, or has not otherwise become	1731
independent from the care and control of her parent, guardian, or	1732
custodian.	1733

(D) Division (A)(1) of this section does not apply to a	1734
person who provides medical treatment to a pregnant woman to	1735
prevent the death of the pregnant woman and who, as a proximate	1736
result of the provision of that medical treatment but without	1737
intent to do so, causes the termination of the pregnant woman's	1738
pregnancy.	1739

Sec. 2919.123. (A) No person shall knowingly give, sell,	1740
dispense, administer, otherwise provide, or prescribe RU-486	1741
(mifepristone) to another for the purpose of inducing an abortion	1742
in any person or enabling the other person to induce an abortion	1743
in any person, unless the person who gives, sells, dispenses,	1744
administers, or otherwise provides or prescribes the RU-486	1745
(mifepristone) is a physician, the physician satisfies all the	1746
criteria established by federal law that a physician must satisfy	1747
in order to provide RU-486 (mifepristone) for inducing abortions,	1748
and the physician provides the RU-486 (mifepristone) to the other	1749
person for the purpose of inducing an abortion in accordance with	1750
all provisions of federal law that govern the use of RU-486	1751
(mifepristone) for inducing abortions. A person who gives, sells,	1752
dispenses, administers, otherwise provides, or prescribes RU-486	1753
(mifepristone) to another as described in division (A) of this	1754
section shall not be prosecuted based on a violation of the	1755
criteria contained in this division unless the person knows that	1756
the person is not a physician, that the person did not satisfy all	1757
the specified criteria established by federal law, or that the	1758
person did not provide the RU-486 (mifepristone) in accordance	1759
with the specified provisions of federal law, whichever is	1760
applicable.	1761

(B) No physician who provides, prior to the effective date of	1762
this amendment, provided RU-486 (mifepristone) to another for the	1763
purpose of inducing an abortion as formerly authorized under	1764
division (A) of this section as it existed prior to the effective	1765
date of this amendment shall knowingly fail to comply with the	1766
applicable requirements of any federal law that pertainpertained	1767
to follow-up examinations or care for persons to whom or for whom	1768
RU-486 (mifepristone) iswas provided for the purpose of inducing	1769
an abortion.	1770

(C)(1) If a physician provides RU-486 (mifepristone) to	1771
another for the purpose of inducing an abortion as authorized	1772
under division (A) of this section and if the physician knows that	1773
the person who uses the RU-486 (mifepristone) for the purpose of	1774
inducing an abortion experiences during or after the use an	1775
incomplete abortion, severe bleeding, or an adverse reaction to	1776
the RU-486 (mifepristone) or is hospitalized, receives a	1777
transfusion, or experiences any other serious event, the physician	1778
promptly must provide a written report of the incomplete abortion,	1779
severe bleeding, adverse reaction, hospitalization, transfusion,	1780
or serious event to the state medical board. The state medical	1781
board shall compile and retain all reports it receives under this	1782
division (C)(1) of this section as it existed prior to the	1783
effective date of this amendment. Except as otherwise provided in	1784
this division, all reports the board receives under this division	1785
(C)(1) of this section as it existed prior to the effective date	1786
of this amendment are public records open to inspection under	1787
section 149.43 of the Revised Code. In no case shall the board	1788
release to any person the name or any other personal identifying	1789
information regarding a person who uses RU-486 (mifepristone) for	1790
the purpose of inducing an abortion and who is the subject of a	1791
report the board receives under this division (C)(1) of this	1792
section as it existed prior to the effective date of this	1793
amendment.	1794

(2) No physician who provides RU-486 (mifepristone) to	1795
another for the purpose of inducing an abortion as formerly	1796
authorized under division (A) of this section as it existed prior	1797
to the effective date of this amendment shall knowingly fail to	1798
file a report required under division (C)(1) of this section.	1799

(D) Division (A) of this section does not apply to any of the	1800
following:	1801

(1) A pregnant woman who obtains or possesses RU-486	1802
(mifepristone) for the purpose of inducing an abortion to	1803
terminate her own pregnancy;	1804

(2) The legal transport of RU-486 (mifepristone) by any	1805
person or entity and the legal delivery of the RU-486	1806
(mifepristone) by any person to the recipient, provided that this	1807
division does not apply regarding any conduct related to the	1808
RU-486 (mifepristone) other than its transport and delivery to the	1809
recipient;	1810

(3) The distribution, provision, or sale of RU-486	1811
(mifepristone) by any legal manufacturer or distributor of RU-486	1812
(mifepristone), provided the manufacturer or distributor made a	1813
good faith effort to comply with any applicable requirements of	1814
federal law regarding the distribution, provision, or sale.	1815

(E) Whoever violates this section is guilty of unlawful	1816
distribution of an abortion-inducing drug,. Unlawful distribution	1817
of an abortion-inducing drug is a felony of the fourthsecond	1818
degree. Ifor, if the offender previously has been convicted of or	1819
pleaded guilty to a violation of this section or of, section	1820
2919.12, 2919.121, 2919.13, or 2919.14 of the Revised Code, or	1821
former section 2929.121, 2919.151, 2919.17, or 2919.18 of the	1822
Revised Code as they existed prior to the date of this amendment,	1823
unlawful distribution of an abortion-inducing drug is a felony of	1824
the thirdfirst degree.	1825

If the offender is a professionally licensed person, in	1826
addition to any other sanction imposed by law for the offense, the	1827
offender is subject to sanctioning as provided by law by the	1828
regulatory or licensing board or agency that has the	1829
administrative authority to suspend or revoke the offender's	1830
professional license, including the sanctioning provided in	1831
section 4731.22 of the Revised Code for offenders who have a	1832
certificate to practice or certificate of registration issued	1833
under that chapter.	1834

(F)(E) As used in this section:

1835

(1) "Federal law" means any law, rule, or regulation of the	1836
United States or any drug approval letter of the food and drug	1837
administration of the United States that governs or regulates the	1838
use of RU-486 (mifepristone) for the purpose of inducing	1839
abortions.	1840

(2) "Personal identifying information" has the same meaning	1841
as in section 2913.49 of the Revised Code.	1842

(3) "Physician" has the same meaning as in section 2305.113	1843
of the Revised Code.	1844

(4)(3) "Professionally licensed person" has the same meaning	1845
as in section 2925.01 of the Revised Code.	1846

Sec. 2919.13.  (A) No person shall purposely take the life of	1847
a child born by attempted abortion who is alive when removed from	1848
the uterus of the pregnant woman.	1849

(B) No person who performs an abortion prior to the effective	1850
date of this amendment or who, on or after the effective date of	1851
this amendment, performs or induces an abortion in violation of	1852
section 2919.12 or administers RU-486 (mifepristone) to another	1853
for the purpose of inducing an abortion in violation of section	1854
2919.123 of the Revised Code, shall fail to take the measures	1855
required by the exercise of medical judgment in light of the	1856
attending circumstances to preserve the life of a child who is	1857
alive when removed from the uterus of the pregnant woman.	1858

(C) Whoever violates this section is guilty of abortion	1859
manslaughter, a felony of the first degree.	1860

Sec. 2919.14.  (A) No person shall experiment upon or sell	1861
the product of human conception which is aborted. Experiment does	1862
not include autopsies pursuant to sections 313.13 and 2108.50 of	1863
the Revised Code.	1864

(B) Whoever violates this section is guilty of abortion	1865
trafficking, a misdemeanorfelony of the first degree.	1866

Sec. 2919.24.  (A) No person, including a parent, guardian,	1867
or other custodian of a child, shall do any of the following:	1868

(1) Aid, abet, induce, cause, encourage, or contribute to a	1869
child or a ward of the juvenile court becoming an unruly child, as	1870
defined in section 2151.022 of the Revised Code, or a delinquent	1871
child, as defined in section 2152.02 of the Revised Code;	1872

(2) Act in a way tending to cause a child or a ward of the	1873
juvenile court to become an unruly child, as defined in section	1874
2151.022 of the Revised Code, or a delinquent child, as defined in	1875
section 2152.02 of the Revised Code;	1876

(3) If the person is the parent, guardian, or custodian of a	1877
child who has the duties under Chapters 2152. and 2950. of the	1878
Revised Code to register, register a new residence address, and	1879
periodically verify a residence address, and, if applicable, to	1880
send a notice of intent to reside, and if the child is not	1881
emancipated, as defined in section 2919.121 of the Revised Code,	1882
fail to ensure that the child complies with those duties under	1883
Chapters 2152. and 2950. of the Revised Code.	1884

(B) Whoever violates this section is guilty of contributing	1885
to the unruliness or delinquency of a child, a misdemeanor of the	1886
first degree. Each day of violation of this section is a separate	1887
offense.	1888

(C) For the purposes of this section, a child is	1889
"emancipated" if the child has married, entered the armed services	1890
of the United States, become employed and self-subsisting, or	1891
otherwise become legally independent from the care and control of	1892
the child's parent, guardian, or custodian.	1893

Sec. 2950.03. (A) Each person who has been convicted of, is	1894
convicted of, has pleaded guilty to, or pleads guilty to a	1895
sexually oriented offense that is not a registration-exempt	1896
sexually oriented offense and who has a duty to register pursuant	1897
to section 2950.04 of the Revised Code, each person who is	1898
adjudicated a delinquent child for committing a sexually oriented	1899
offense that is not a registration-exempt sexually oriented	1900
offense and who is classified a juvenile offender registrant based	1901
on that adjudication, each person who has been convicted of, is	1902
convicted of, has pleaded guilty to, or pleads guilty to a	1903
child-victim oriented offense and has a duty to register pursuant	1904
to section 2950.041 of the Revised Code, and each person who is	1905
adjudicated a delinquent child for committing a child-victim	1906
oriented offense and who is classified a juvenile offender	1907
registrant based on that adjudication shall be provided notice in	1908
accordance with this section of the offender's or delinquent	1909
child's duties imposed under sections 2950.04, 2950.041, 2950.05,	1910
and 2950.06 of the Revised Code and of the offender's duties to	1911
similarly register, provide notice of a change, and verify	1912
addresses in another state if the offender resides, is temporarily	1913
domiciled, attends a school or institution of higher education, or	1914
is employed in a state other than this state. A person who has	1915
been convicted of, is convicted of, has pleaded guilty to, or	1916
pleads guilty to a sexually oriented offense that is a	1917
registration-exempt sexually oriented offense, and a person who is	1918
or has been adjudicated a delinquent child for committing a	1919
sexually oriented offense that is a registration-exempt sexually	1920
oriented offense, does not have a duty to register under section	1921
2950.04 of the Revised Code based on that conviction, guilty plea,	1922
or adjudication, and no notice is required to be provided to that	1923
person under this division based on that conviction, guilty plea,	1924
or adjudication. The following official shall provide the notice	1925
required under this division to the specified person at the	1926
following time:	1927

(1) Regardless of when the person committed the sexually	1928
oriented offense or child-victim oriented offense, if the person	1929
is an offender who is sentenced for the sexually oriented offense	1930
or child-victim oriented offense to a prison term, a term of	1931
imprisonment, or any other type of confinement, and if, on or	1932
after January 1, 1997, the offender is serving that term or is	1933
under that confinement, the official in charge of the jail,	1934
workhouse, state correctional institution, or other institution in	1935
which the offender serves the prison term, term of imprisonment,	1936
or confinement, or a designee of that official, shall provide the	1937
notice to the offender before the offender is released pursuant to	1938
any type of supervised release or before the offender otherwise is	1939
released from the prison term, term of imprisonment, or	1940
confinement. This division applies to a child-victim oriented	1941
offense if the offender is sentenced for the offense on or after	1942
July 31, 2003, or if, prior to July 31, 2003, the child-victim	1943
oriented offense was a sexually oriented offense and the offender	1944
was sentenced as described in this division for the child-victim	1945
oriented offense when it was designated a sexually oriented	1946
offense. If a person was provided notice under this division prior	1947
to July 31, 2003, in relation to an offense that, prior to July	1948
31, 2003, was a sexually oriented offense but that, on and after	1949
July 31, 2003, is a child-victim oriented offense, the notice	1950
provided under this division shall suffice for purposes of this	1951
section as notice to the offender of the offender's duties under	1952
sections 2950.041, 2950.05, and 2950.06 of the Revised Code	1953
imposed as a result of the conviction of or plea of guilty to the	1954
child-victim oriented offense.	1955

(2) Regardless of when the person committed the sexually	1956
oriented offense or child-victim oriented offense, if the person	1957
is an offender who is sentenced for the sexually oriented offense	1958
on or after January 1, 1997, or who is sentenced for the	1959
child-victim oriented offense on or after July 31, 2003, and if	1960
division (A)(1) of this section does not apply, the judge shall	1961
provide the notice to the offender at the time of sentencing. If a	1962
person was provided notice under this division prior to July 31,	1963
2003, in relation to an offense that, prior to July 31, 2003,, was	1964
a sexually oriented offense but that, on and after July 31, 2003,,	1965
is a child-victim oriented offense, the notice so provided under	1966
this division shall suffice for purposes of this section as notice	1967
to the offender of the offender's duties under sections 2950.041,	1968
2950.05, and 2950.06 of the Revised Code imposed as a result of	1969
the conviction of or plea of guilty to the child-victim oriented	1970
offense.	1971

(3) If the person is an offender who committed the sexually	1972
oriented offense prior to January 1, 1997, if neither division	1973
(A)(1) nor division (A)(2) of this section applies, and if,	1974
immediately prior to January 1, 1997, the offender was a habitual	1975
sex offender who was required to register under Chapter 2950. of	1976
the Revised Code, the chief of police or sheriff with whom the	1977
offender most recently registered under that chapter, in the	1978
circumstances described in this division, shall provide the notice	1979
to the offender. If the offender has registered with a chief of	1980
police or sheriff under Chapter 2950. of the Revised Code as it	1981
existed prior to January 1, 1997, the chief of police or sheriff	1982
with whom the offender most recently registered shall provide the	1983
notice to the offender as soon as possible after January 1, 1997,	1984
as described in division (B)(1) of this section. If the offender	1985
has not registered with a chief of police or sheriff under that	1986
chapter, the failure to register shall constitute a waiver by the	1987
offender of any right to notice under this section. If an offender	1988
described in this division does not receive notice under this	1989
section, the offender is not relieved of the offender's duties	1990
imposed under sections 2950.04, 2950.05, and 2950.06 of the	1991
Revised Code.	1992

(4) If neither division (A)(1), (2), nor (3) of this section	1993
applies and if the offender is adjudicated a sexual predator	1994
pursuant to division (C) of section 2950.09 of the Revised Code or	1995
a child-victim predator pursuant to division (C) of section	1996
2950.091 of the Revised Code, the judge shall provide the notice	1997
to the offender at the time of adjudication.	1998

(5) If the person is a delinquent child who is classified a	1999
juvenile offender registrant, the judge shall provide the notice	2000
to the delinquent child at the time specified in division (B) of	2001
section 2152.82, division (D) of section 2152.83, division (C) of	2002
section 2152.84, or division (E) of section 2152.85 of the Revised	2003
Code, whichever is applicable. If a delinquent child was provided	2004
notice under this division prior to July 31, 2003, in relation to	2005
an offense that, prior to July 31, 2003, was a sexually oriented	2006
offense but that, on and after July 31, 2003, is a child-victim	2007
oriented offense, the notice so provided under this division shall	2008
suffice for purposes of this section as notice to the delinquent	2009
child of the delinquent child's duties under sections 2950.041,	2010
2950.05, and 2950.06 of the Revised Code imposed as a result of	2011
the adjudication as a delinquent child for the child-victim	2012
oriented offense.	2013

(6) If the person is an offender in any category described in	2014
division (A)(1), (2), (3), or (4) of this section and if, prior to	2015
July 31, 2003, the offender was provided notice of the offender's	2016
duties in accordance with that division, not later than ninety	2017
days after July 31, 2003, the sheriff with whom the offender most	2018
recently registered or verified an address under section 2950.04,	2019
2950.041, 2950.05, or 2950.06 of the Revised Code shall provide	2020
notice to the offender of the offender's duties imposed on and	2021
after July 31, 2003, pursuant to any of those sections to register	2022
a school, institution of higher education, or place of employment	2023
address, provide notice of a change of that address, and verify	2024
that address. The sheriff may provide the notice to the offender	2025
at the time the offender registers, provides notice of a change	2026
in, or verifies a residence, school, institution of higher	2027
education, or place of employment address under any of those	2028
sections within the specified ninety-day period. If the offender	2029
does not so register, provide notice of a change in, or verify an	2030
address within the specified ninety-day period, the sheriff shall	2031
provide the notice to the offender by sending it to the offender	2032
at the most recent residence address available for the offender.	2033
If the offender was required to register prior to July 31, 2003,	2034
and failed to do so, the failure to register constitutes a waiver	2035
by the offender of any right to notice under this division. If the	2036
offender has not registered prior to July 31, 2003, the offender	2037
is presumed to have knowledge of the law and of the duties	2038
referred to in this division that are imposed on and after July	2039
31, 2003. If an offender does not receive notice under this	2040
division, the offender is not relieved of any of the duties	2041
described in this division.	2042

(7) If the person is an offender or delinquent child who has	2043
a duty to register in this state pursuant to division (A)(3) of	2044
section 2950.04 or 2950.041 of the Revised Code, the offender or	2045
delinquent child is presumed to have knowledge of the law and of	2046
the offender's or delinquent child's duties imposed under sections	2047
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code.	2048

(B)(1) The notice provided under division (A) of this section	2049
shall inform the offender or delinquent child of the offender's or	2050
delinquent child's duty to register, to provide notice of a change	2051
in the offender's or delinquent child's residence address or in	2052
the offender's school, institution of higher education, or place	2053
of employment address, as applicable, and register the new	2054
address, to periodically verify the offender's or delinquent	2055
child's residence address or the offender's school, institution of	2056
higher education, or place of employment address, as applicable,	2057
and, if applicable, to provide notice of the offender's or	2058
delinquent child's intent to reside, pursuant to sections 2950.04,	2059
2950.041, 2950.05, and 2950.06 of the Revised Code. The notice	2060
shall specify that, for an offender, it applies regarding	2061
residence addresses or school, institution of higher education,	2062
and place of employment addresses and that, for a delinquent	2063
child, it applies regarding residence addresses. Additionally, it	2064
shall inform the offender of the offender's duties to similarly	2065
register, provide notice of a change in, and verify those	2066
addresses in states other than this state as described in division	2067
(A) of this section. A notice provided under division (A)(6) of	2068
this section shall state the new duties imposed on the offender on	2069
and after July 31, 2003, to register, provide notice of a change	2070
in, and periodically verify, a school, institution of higher	2071
education, or place of employment address and specify that the new	2072
duties are in addition to the prior duties imposed upon the	2073
offender. A notice provided under division (A)(1), (2), (3), (4),	2074
or (5) of this section shall comport with the following:	2075

(a) If the notice is provided to an offender under division	2076
(A)(3) of this section, the notice shall state the offender's	2077
duties to register, to file a notice of intent to reside, if	2078
applicable, to register a new residence address or new school,	2079
institution of higher education, or place of employment address,	2080
and to periodically verify those addresses, the offender's duties	2081
in other states as described in division (A) of this section, and	2082
that, if the offender has any questions concerning these duties,	2083
the offender may contact the chief of police or sheriff who sent	2084
the form for an explanation of the duties. If the offender appears	2085
in person before the chief of police or sheriff, the chief or	2086
sheriff shall provide the notice as described in division	2087
(B)(1)(a) of this section, and all provisions of this section that	2088
apply regarding a notice provided by an official, official's	2089
designee, or judge in that manner shall be applicable.	2090

(b) If the notice is provided to an offender under division	2091
(A)(1), (2), or (4) of this section, the official, official's	2092
designee, or judge shall require the offender to read and sign a	2093
form stating that the offender's duties to register, to file a	2094
notice of intent to reside, if applicable, to register a new	2095
residence address or new school, institution of higher education,	2096
or place of employment address, and to periodically verify those	2097
addresses, and the offender's duties in other states as described	2098
in division (A) of this section have been explained to the	2099
offender. If the offender is unable to read, the official,	2100
official's designee, or judge shall certify on the form that the	2101
official, designee, or judge specifically informed the offender of	2102
those duties and that the offender indicated an understanding of	2103
those duties.	2104

(c) If the notice is provided to a delinquent child under	2105
division (A)(5) of this section, the judge shall require the	2106
delinquent child and the delinquent child's parent, guardian, or	2107
custodian to read and sign a form stating that the delinquent	2108
child's duties to register, to file a notice of intent to reside,	2109
if applicable, to register a new residence address, and to	2110
periodically verify that address have been explained to the	2111
delinquent child and to the delinquent child's parent, guardian,	2112
or custodian. If the delinquent child or the delinquent child's	2113
parent, guardian, or custodian is unable to read, the judge shall	2114
certify on the form that the judge specifically informed the	2115
delinquent child or the delinquent child's parent, guardian, or	2116
custodian of those duties and that the delinquent child or the	2117
delinquent child's parent, guardian, or custodian indicated an	2118
understanding of those duties.	2119

(2) The notice provided under divisions (A)(1) to (6) of this	2120
section shall be on a form prescribed by the bureau of criminal	2121
identification and investigation and shall contain all of the	2122
information specified in division (A) of this section and all of	2123
the information required by the bureau. The notice provided under	2124
divisions (A)(1) to (5) of this section shall include, but is not	2125
limited to, all of the following:	2126

(a) For any notice provided under division (A)(1) to (5) of	2127
this section, a statement as to whether the offender or delinquent	2128
child has been adjudicated a sexual predator or a child-victim	2129
predator relative to the sexually oriented offense or child-victim	2130
oriented offense in question, a statement as to whether the	2131
offender or delinquent child has been determined to be a habitual	2132
sex offender or habitual child-victim offender, a statement as to	2133
whether the offense for which the offender has the duty to	2134
register is an aggravated sexually oriented offense, an	2135
explanation of the offender's periodic residence address or	2136
periodic school, institution of higher education, or place of	2137
employment address verification process or of the delinquent	2138
child's periodic residence address verification process, an	2139
explanation of the frequency with which the offender or delinquent	2140
child will be required to verify those addresses under that	2141
process, a statement that the offender or delinquent child must	2142
verify those addresses at the times specified under that process	2143
or face criminal prosecution or a delinquent child proceeding, and	2144
an explanation of the offender's duty to similarly register,	2145
verify, and reregister those addresses in another state if the	2146
offender resides in another state, attends a school or institution	2147
of higher education in another state, or is employed in another	2148
state.	2149

(b) If the notice is provided under division (A)(4) of this	2150
section, a statement that the notice replaces any notice	2151
previously provided to the offender under division (A)(1) of this	2152
section, a statement that the offender's duties described in this	2153
notice supersede the duties described in the prior notice, and a	2154
statement notifying the offender that, if the offender already has	2155
registered under section 2950.04 or 2950.041 of the Revised Code,	2156
the offender must register again pursuant to division (A)(6) of	2157
that section;	2158

(c) If the notice is provided under division (A)(5) of this	2159
section, a statement that the delinquent child has been classified	2160
by the adjudicating juvenile court judge or the judge's successor	2161
in office a juvenile offender registrant and has a duty to comply	2162
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	2163
Revised Code;	2164

(d) If the notice is provided under division (A)(5) of this	2165
section, a statement that, if the delinquent child fails to comply	2166
with the requirements of sections 2950.04, 2950.041, 2950.05, and	2167
2950.06 of the Revised Code, both of the following apply:	2168

(i) If the delinquent child's failure occurs while the child	2169
is under eighteen years of age, the child is subject to	2170
proceedings under Chapter 2152. of the Revised Code based on the	2171
failure, but if the failure occurs while the child is eighteen	2172
years of age or older, the child is subject to criminal	2173
prosecution based on the failure.	2174

(ii) If the delinquent child's failure occurs while the child	2175
is under eighteen years of age, unless the child is emancipated,	2176
as defined in section 2919.1212919.24 of the Revised Code, the	2177
failure of the parent, guardian, or custodian to ensure that the	2178
child complies with those requirements is a violation of section	2179
2919.24 of the Revised Code and may result in the prosecution of	2180
the parent, guardian, or custodian for that violation.	2181

(3)(a) After an offender described in division (A)(1), (2),	2182
or (4) of this section has signed the form described in divisions	2183
(B)(1) and (2) of this section or the official, official's	2184
designee, or judge has certified on the form that the form has	2185
been explained to the offender and that the offender indicated an	2186
understanding of the duties indicated on it, the official,	2187
official's designee, or judge shall give one copy of the form to	2188
the offender, within three days shall send one copy of the form to	2189
the bureau of criminal identification and investigation in	2190
accordance with the procedures adopted pursuant to section 2950.13	2191
of the Revised Code, and shall send one copy of the form to the	2192
sheriff of the county in which the offender expects to reside.	2193

(b) After a chief of police or sheriff has sent a form to an	2194
offender under division (A)(3) of this section, the chief or	2195
sheriff shall send a copy of the form to the bureau of criminal	2196
identification and investigation in accordance with the procedures	2197
adopted pursuant to section 2950.13 of the Revised Code.	2198

(c) After a delinquent child described in division (A)(5) of	2199
this section and the delinquent child's parent, guardian, or	2200
custodian have signed the form described in divisions (B)(1) and	2201
(2) of this section or the judge has certified on the form that	2202
the form has been explained to the delinquent child or the	2203
delinquent child's parent, guardian, or custodian and that the	2204
delinquent child or the delinquent child's parent, guardian, or	2205
custodian indicated an understanding of the duties and information	2206
indicated on the form, the judge shall give a copy of the form to	2207
both the delinquent child and to the delinquent child's parent,	2208
guardian, or custodian, within three days shall send one copy of	2209
the form to the bureau of criminal identification and	2210
investigation in accordance with the procedures adopted pursuant	2211
to section 2950.13 of the Revised Code, and shall send one copy of	2212
the form to the sheriff of the county in which the delinquent	2213
child expects to reside.	2214

(C) The official, official's designee, judge, chief of	2215
police, or sheriff who is required to provide notice to an	2216
offender or delinquent child under divisions (A)(1) to (5) of this	2217
section shall do all of the following:	2218

(1) If the notice is provided under division (A)(1), (2),	2219
(4), or (5) of this section, the official, designee, or judge	2220
shall determine the offender's or delinquent child's name,	2221
identifying factors, and expected future residence address in this	2222
state or any other state, shall obtain the offender's or	2223
delinquent child's criminal and delinquency history, and shall	2224
obtain a photograph and the fingerprints of the offender or	2225
delinquent child. Regarding an offender, the official, designee,	2226
or judge also shall obtain from the offender the offender's	2227
current or expected future school, institution of higher	2228
education, or place of employment address in this state, if any.	2229
If the notice is provided by a judge under division (A)(2), (4),	2230
or (5) of this section, the sheriff shall provide the offender's	2231
or delinquent child's criminal and delinquency history to the	2232
judge. The official, official's designee, or judge shall obtain	2233
this information and these items prior to giving the notice,	2234
except that a judge may give the notice prior to obtaining the	2235
offender's or delinquent child's criminal and delinquency history.	2236
Within three days after receiving this information and these	2237
items, the official, official's designee, or judge shall forward	2238
the information and items to the bureau of criminal identification	2239
and investigation in accordance with the forwarding procedures	2240
adopted pursuant to section 2950.13 of the Revised Code, to the	2241
sheriff of the county in which the offender or delinquent child	2242
expects to reside, and, regarding an offender, to the sheriff of	2243
the county, if any, in which the offender attends or will attend a	2244
school or institution of higher education or is or will be	2245
employed. If the notice is provided under division (A)(5) of this	2246
section and if the delinquent child has been committed to the	2247
department of youth services or to a secure facility, the judge,	2248
in addition to the other information and items described in this	2249
division, also shall forward to the bureau and to the sheriff	2250
notification that the child has been so committed. If it has not	2251
already done so, the bureau of criminal identification and	2252
investigation shall forward a copy of the fingerprints and	2253
conviction data received under this division to the federal bureau	2254
of investigation.	2255

(2) If the notice is provided under division (A)(3) of this	2256
section, the chief of police or sheriff shall determine the	2257
offender's name, identifying factors, and residence address in	2258
this state or any other state, shall obtain the offender's	2259
criminal history from the bureau of criminal identification and	2260
investigation, and, to the extent possible, shall obtain a	2261
photograph and the fingerprints of the offender. Regarding an	2262
offender, the chief or sheriff also shall obtain from the offender	2263
the offender's current or expected future school, institution of	2264
higher education, or place of employment address in this state, if	2265
any. Within three days after receiving this information and these	2266
items, the chief or sheriff shall forward the information and	2267
items to the bureau of criminal identification and investigation	2268
in accordance with the forwarding procedures adopted pursuant to	2269
section 2950.13 of the Revised Code and, in relation to a chief of	2270
police, to the sheriff of the county in which the offender	2271
resides, and, regarding an offender, to the sheriff of the county,	2272
if any, in which the offender attends or will attend a school or	2273
institution of higher education or is or will be employed. If it	2274
has not already done so, the bureau of criminal identification and	2275
investigation shall forward a copy of the fingerprints and	2276
conviction data so received to the federal bureau of	2277
investigation.	2278

Sec. 3701.341. (A) The public health council, pursuant to	2279
Chapter 119. and consistent with section 2317.56 of the Revised	2280
Code, shall adopt rules relating to abortions and the following	2281
subjects:	2282

(1) Post-abortion procedures to protect the health of the	2283
pregnant woman;	2284

(2) Reporting forms;

2285

(3) Pathological reports;

2286

(4) Humane disposition of the product of human conception;

2287

(5) Counseling.

2288

(B) The director of health shall implement the rules and	2289
shall apply to the court of common pleas for temporary or	2290
permanent injunctions restraining a violation or threatened	2291
violation of the rulessection 2919.12, 2919.123, 2919.13, or	2292
2919.14 of the Revised Code. This action is an additional remedy	2293
not dependent on the adequacy of the remedy at law.	2294

Sec. 4112.01.  (A) As used in this chapter:

2295

(1) "Person" includes one or more individuals, partnerships,	2296
associations, organizations, corporations, legal representatives,	2297
trustees, trustees in bankruptcy, receivers, and other organized	2298
groups of persons. "Person" also includes, but is not limited to,	2299
any owner, lessor, assignor, builder, manager, broker,	2300
salesperson, appraiser, agent, employee, lending institution, and	2301
the state and all political subdivisions, authorities, agencies,	2302
boards, and commissions of the state.	2303

(2) "Employer" includes the state, any political subdivision	2304
of the state, any person employing four or more persons within the	2305
state, and any person acting directly or indirectly in the	2306
interest of an employer.	2307

(3) "Employee" means an individual employed by any employer	2308
but does not include any individual employed in the domestic	2309
service of any person.	2310

(4) "Labor organization" includes any organization that	2311
exists, in whole or in part, for the purpose of collective	2312
bargaining or of dealing with employers concerning grievances,	2313
terms or conditions of employment, or other mutual aid or	2314
protection in relation to employment.	2315

(5) "Employment agency" includes any person regularly	2316
undertaking, with or without compensation, to procure	2317
opportunities to work or to procure, recruit, refer, or place	2318
employees.	2319

(6) "Commission" means the Ohio civil rights commission	2320
created by section 4112.03 of the Revised Code.	2321

(7) "Discriminate" includes segregate or separate.

2322

(8) "Unlawful discriminatory practice" means any act	2323
prohibited by section 4112.02, 4112.021, or 4112.022 of the	2324
Revised Code.	2325

(9) "Place of public accommodation" means any inn,	2326
restaurant, eating house, barbershop, public conveyance by air,	2327
land, or water, theater, store, other place for the sale of	2328
merchandise, or any other place of public accommodation or	2329
amusement of which the accommodations, advantages, facilities, or	2330
privileges are available to the public.	2331

(10) "Housing accommodations" includes any building or	2332
structure, or portion of a building or structure, that is used or	2333
occupied or is intended, arranged, or designed to be used or	2334
occupied as the home residence, dwelling, dwelling unit, or	2335
sleeping place of one or more individuals, groups, or families	2336
whether or not living independently of each other; and any vacant	2337
land offered for sale or lease. "Housing accommodations" also	2338
includes any housing accommodations held or offered for sale or	2339
rent by a real estate broker, salesperson, or agent, by any other	2340
person pursuant to authorization of the owner, by the owner, or by	2341
the owner's legal representative.	2342

(11) "Restrictive covenant" means any specification limiting	2343
the transfer, rental, lease, or other use of any housing	2344
accommodations because of race, color, religion, sex, familial	2345
status, national origin, disability, or ancestry, or any	2346
limitation based upon affiliation with or approval by any person,	2347
directly or indirectly, employing race, color, religion, sex,	2348
familial status, national origin, disability, or ancestry as a	2349
condition of affiliation or approval.	2350

(12) "Burial lot" means any lot for the burial of deceased	2351
persons within any public burial ground or cemetery, including,	2352
but not limited to, cemeteries owned and operated by municipal	2353
corporations, townships, or companies or associations incorporated	2354
for cemetery purposes.	2355

(13) "Disability" means a physical or mental impairment that	2356
substantially limits one or more major life activities, including	2357
the functions of caring for one's self, performing manual tasks,	2358
walking, seeing, hearing, speaking, breathing, learning, and	2359
working; a record of a physical or mental impairment; or being	2360
regarded as having a physical or mental impairment.	2361

(14) Except as otherwise provided in section 4112.021 of the	2362
Revised Code, "age" means at least forty years old.	2363

(15) "Familial status" means either of the following:

2364

(a) One or more individuals who are under eighteen years of	2365
age and who are domiciled with a parent or guardian having legal	2366
custody of the individual or domiciled, with the written	2367
permission of the parent or guardian having legal custody, with a	2368
designee of the parent or guardian;	2369

(b) Any person who is pregnant or in the process of securing	2370
legal custody of any individual who is under eighteen years of	2371
age.	2372

(16)(a) Except as provided in division (A)(16)(b) of this	2373
section, "physical or mental impairment" includes any of the	2374
following:	2375

(i) Any physiological disorder or condition, cosmetic	2376
disfigurement, or anatomical loss affecting one or more of the	2377
following body systems: neurological; musculoskeletal; special	2378
sense organs; respiratory, including speech organs;	2379
cardiovascular; reproductive; digestive; genito-urinary; hemic and	2380
lymphatic; skin; and endocrine;	2381

(ii) Any mental or psychological disorder, including, but not	2382
limited to, mental retardation, organic brain syndrome, emotional	2383
or mental illness, and specific learning disabilities;	2384

(iii) Diseases and conditions, including, but not limited to,	2385
orthopedic, visual, speech, and hearing impairments, cerebral	2386
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,	2387
cancer, heart disease, diabetes, human immunodeficiency virus	2388
infection, mental retardation, emotional illness, drug addiction,	2389
and alcoholism.	2390

(b) "Physical or mental impairment" does not include any of	2391
the following:	2392

(i) Homosexuality and bisexuality;

2393

(ii) Transvestism, transsexualism, pedophilia, exhibitionism,	2394
voyeurism, gender identity disorders not resulting from physical	2395
impairments, or other sexual behavior disorders;	2396

(iii) Compulsive gambling, kleptomania, or pyromania;

2397

(iv) Psychoactive substance use disorders resulting from	2398
current illegal use of a controlled substance.	2399

(17) "Dwelling unit" means a single unit of residence for a	2400
family of one or more persons.	2401

(18) "Common use areas" means rooms, spaces, or elements	2402
inside or outside a building that are made available for the use	2403
of residents of the building or their guests, and includes, but is	2404
not limited to, hallways, lounges, lobbies, laundry rooms, refuse	2405
rooms, mail rooms, recreational areas, and passageways among and	2406
between buildings.	2407

(19) "Public use areas" means interior or exterior rooms or	2408
spaces of a privately or publicly owned building that are made	2409
available to the general public.	2410

(20) "Controlled substance" has the same meaning as in	2411
section 3719.01 of the Revised Code.	2412

(21) "Disabled tenant" means a tenant or prospective tenant	2413
who is a person with a disability.	2414

(B) For the purposes of divisions (A) to (F) of section	2415
4112.02 of the Revised Code, the terms "because of sex" and "on	2416
the basis of sex" include, but are not limited to, because of or	2417
on the basis of pregnancy, any illness arising out of and	2418
occurring during the course of a pregnancy, childbirth, or related	2419
medical conditions. Women affected by pregnancy, childbirth, or	2420
related medical conditions shall be treated the same for all	2421
employment-related purposes, including receipt of benefits under	2422
fringe benefit programs, as other persons not so affected but	2423
similar in their ability or inability to work, and nothing in	2424
division (B) of section 4111.17 of the Revised Code shall be	2425
interpreted to permit otherwise. This division shall not be	2426
construed to require an employer to pay for health insurance	2427
benefits for abortion, except where the life of the mother would	2428
be endangered if the fetus were carried to term or except where	2429
medical complications have arisen from the abortion, provided that	2430
nothing in this division precludes an employer from providing	2431
abortion benefits or otherwise affects bargaining agreements in	2432
regard to abortion.	2433

Sec. 4731.22.  (A) The state medical board, by an affirmative	2434
vote of not fewer than six of its members, may revoke or may	2435
refuse to grant a certificate to a person found by the board to	2436
have committed fraud during the administration of the examination	2437
for a certificate to practice or to have committed fraud,	2438
misrepresentation, or deception in applying for or securing any	2439
certificate to practice or certificate of registration issued by	2440
the board.	2441

(B) The board, by an affirmative vote of not fewer than six	2442
members, shall, to the extent permitted by law, limit, revoke, or	2443
suspend an individual's certificate to practice, refuse to	2444
register an individual, refuse to reinstate a certificate, or	2445
reprimand or place on probation the holder of a certificate for	2446
one or more of the following reasons:	2447

(1) Permitting one's name or one's certificate to practice or	2448
certificate of registration to be used by a person, group, or	2449
corporation when the individual concerned is not actually	2450
directing the treatment given;	2451

(2) Failure to maintain minimal standards applicable to the	2452
selection or administration of drugs, or failure to employ	2453
acceptable scientific methods in the selection of drugs or other	2454
modalities for treatment of disease;	2455

(3) Selling, giving away, personally furnishing, prescribing,	2456
or administering drugs for other than legal and legitimate	2457
therapeutic purposes or a plea of guilty to, a judicial finding of	2458
guilt of, or a judicial finding of eligibility for intervention in	2459
lieu of conviction of, a violation of any federal or state law	2460
regulating the possession, distribution, or use of any drug;	2461

(4) Willfully betraying a professional confidence.

2462

For purposes of this division, "willfully betraying a	2463
professional confidence" does not include providing any	2464
information, documents, or reports to a child fatality review	2465
board under sections 307.621 to 307.629 of the Revised Code and	2466
does not include the making of a report of an employee's use of a	2467
drug of abuse, or a report of a condition of an employee other	2468
than one involving the use of a drug of abuse, to the employer of	2469
the employee as described in division (B) of section 2305.33 of	2470
the Revised Code. Nothing in this division affects the immunity	2471
from civil liability conferred by that section upon a physician	2472
who makes either type of report in accordance with division (B) of	2473
that section. As used in this division, "employee," "employer,"	2474
and "physician" have the same meanings as in section 2305.33 of	2475
the Revised Code.	2476

(5) Making a false, fraudulent, deceptive, or misleading	2477
statement in the solicitation of or advertising for patients; in	2478
relation to the practice of medicine and surgery, osteopathic	2479
medicine and surgery, podiatric medicine and surgery, or a limited	2480
branch of medicine; or in securing or attempting to secure any	2481
certificate to practice or certificate of registration issued by	2482
the board.	2483

As used in this division, "false, fraudulent, deceptive, or	2484
misleading statement" means a statement that includes a	2485
misrepresentation of fact, is likely to mislead or deceive because	2486
of a failure to disclose material facts, is intended or is likely	2487
to create false or unjustified expectations of favorable results,	2488
or includes representations or implications that in reasonable	2489
probability will cause an ordinarily prudent person to	2490
misunderstand or be deceived.	2491

(6) A departure from, or the failure to conform to, minimal	2492
standards of care of similar practitioners under the same or	2493
similar circumstances, whether or not actual injury to a patient	2494
is established;	2495

(7) Representing, with the purpose of obtaining compensation	2496
or other advantage as personal gain or for any other person, that	2497
an incurable disease or injury, or other incurable condition, can	2498
be permanently cured;	2499

(8) The obtaining of, or attempting to obtain, money or	2500
anything of value by fraudulent misrepresentations in the course	2501
of practice;	2502

(9) A plea of guilty to, a judicial finding of guilt of, or a	2503
judicial finding of eligibility for intervention in lieu of	2504
conviction for, a felony;	2505

(10) Commission of an act that constitutes a felony in this	2506
state, regardless of the jurisdiction in which the act was	2507
committed;	2508

(11) A plea of guilty to, a judicial finding of guilt of, or	2509
a judicial finding of eligibility for intervention in lieu of	2510
conviction for, a misdemeanor committed in the course of practice;	2511

(12) Commission of an act in the course of practice that	2512
constitutes a misdemeanor in this state, regardless of the	2513
jurisdiction in which the act was committed;	2514

(13) A plea of guilty to, a judicial finding of guilt of, or	2515
a judicial finding of eligibility for intervention in lieu of	2516
conviction for, a misdemeanor involving moral turpitude;	2517

(14) Commission of an act involving moral turpitude that	2518
constitutes a misdemeanor in this state, regardless of the	2519
jurisdiction in which the act was committed;	2520

(15) Violation of the conditions of limitation placed by the	2521
board upon a certificate to practice;	2522

(16) Failure to pay license renewal fees specified in this	2523
chapter;	2524

(17) Except as authorized in section 4731.31 of the Revised	2525
Code, engaging in the division of fees for referral of patients,	2526
or the receiving of a thing of value in return for a specific	2527
referral of a patient to utilize a particular service or business;	2528

(18) Subject to section 4731.226 of the Revised Code,	2529
violation of any provision of a code of ethics of the American	2530
medical association, the American osteopathic association, the	2531
American podiatric medical association, or any other national	2532
professional organizations that the board specifies by rule. The	2533
state medical board shall obtain and keep on file current copies	2534
of the codes of ethics of the various national professional	2535
organizations. The individual whose certificate is being suspended	2536
or revoked shall not be found to have violated any provision of a	2537
code of ethics of an organization not appropriate to the	2538
individual's profession.	2539

For purposes of this division, a "provision of a code of	2540
ethics of a national professional organization" does not include	2541
any provision that would preclude the making of a report by a	2542
physician of an employee's use of a drug of abuse, or of a	2543
condition of an employee other than one involving the use of a	2544
drug of abuse, to the employer of the employee as described in	2545
division (B) of section 2305.33 of the Revised Code. Nothing in	2546
this division affects the immunity from civil liability conferred	2547
by that section upon a physician who makes either type of report	2548
in accordance with division (B) of that section. As used in this	2549
division, "employee," "employer," and "physician" have the same	2550
meanings as in section 2305.33 of the Revised Code.	2551

(19) Inability to practice according to acceptable and	2552
prevailing standards of care by reason of mental illness or	2553
physical illness, including, but not limited to, physical	2554
deterioration that adversely affects cognitive, motor, or	2555
perceptive skills.	2556

In enforcing this division, the board, upon a showing of a	2557
possible violation, may compel any individual authorized to	2558
practice by this chapter or who has submitted an application	2559
pursuant to this chapter to submit to a mental examination,	2560
physical examination, including an HIV test, or both a mental and	2561
a physical examination. The expense of the examination is the	2562
responsibility of the individual compelled to be examined. Failure	2563
to submit to a mental or physical examination or consent to an HIV	2564
test ordered by the board constitutes an admission of the	2565
allegations against the individual unless the failure is due to	2566
circumstances beyond the individual's control, and a default and	2567
final order may be entered without the taking of testimony or	2568
presentation of evidence. If the board finds an individual unable	2569
to practice because of the reasons set forth in this division, the	2570
board shall require the individual to submit to care, counseling,	2571
or treatment by physicians approved or designated by the board, as	2572
a condition for initial, continued, reinstated, or renewed	2573
authority to practice. An individual affected under this division	2574
shall be afforded an opportunity to demonstrate to the board the	2575
ability to resume practice in compliance with acceptable and	2576
prevailing standards under the provisions of the individual's	2577
certificate. For the purpose of this division, any individual who	2578
applies for or receives a certificate to practice under this	2579
chapter accepts the privilege of practicing in this state and, by	2580
so doing, shall be deemed to have given consent to submit to a	2581
mental or physical examination when directed to do so in writing	2582
by the board, and to have waived all objections to the	2583
admissibility of testimony or examination reports that constitute	2584
a privileged communication.	2585

(20) Except when civil penalties are imposed under section	2586
4731.225 or 4731.281 of the Revised Code, and subject to section	2587
4731.226 of the Revised Code, violating or attempting to violate,	2588
directly or indirectly, or assisting in or abetting the violation	2589
of, or conspiring to violate, any provisions of this chapter or	2590
any rule promulgated by the board.	2591

This division does not apply to a violation or attempted	2592
violation of, assisting in or abetting the violation of, or a	2593
conspiracy to violate, any provision of this chapter or any rule	2594
adopted by the board that would preclude the making of a report by	2595
a physician of an employee's use of a drug of abuse, or of a	2596
condition of an employee other than one involving the use of a	2597
drug of abuse, to the employer of the employee as described in	2598
division (B) of section 2305.33 of the Revised Code. Nothing in	2599
this division affects the immunity from civil liability conferred	2600
by that section upon a physician who makes either type of report	2601
in accordance with division (B) of that section. As used in this	2602
division, "employee," "employer," and "physician" have the same	2603
meanings as in section 2305.33 of the Revised Code.	2604

(21) The violation of any abortion rule adopted by the public	2605
health council pursuant to section 3701.341 of the Revised Code	2606
regarding any act or omission occurring prior to the effective	2607
date of this amendment and to which those rules apply, or the	2608
violation on or after that effective date of section 2919.12,	2609
2919.123, 2919.13, or 2919.14 of the Revised Code;	2610

(22) Any of the following actions taken by the agency	2611
responsible for regulating the practice of medicine and surgery,	2612
osteopathic medicine and surgery, podiatric medicine and surgery,	2613
or the limited branches of medicine in another jurisdiction, for	2614
any reason other than the nonpayment of fees: the limitation,	2615
revocation, or suspension of an individual's license to practice;	2616
acceptance of an individual's license surrender; denial of a	2617
license; refusal to renew or reinstate a license; imposition of	2618
probation; or issuance of an order of censure or other reprimand;	2619

(23) The violation of section 2919.12 of the Revised Code,	2620
the performance or inducement of an abortion upon a pregnant woman	2621
on or after the effective date of this amendment, or the	2622
performance or inducement of an abortion upon a pregnant woman	2623
prior to the effective date of this amendment with actual	2624
knowledge that the conditions specified in former division (B) of	2625
section 2317.56 of the Revised Code as it existed prior to that	2626
date have not been satisfied or with a heedless indifference as to	2627
whether those conditions have been satisfied, unless an	2628
affirmative defense as specified in former division (H)(2) of that	2629
section would apply in a civil action authorized by former	2630
division (H)(1) of that section;	2631

(24) The revocation, suspension, restriction, reduction, or	2632
termination of clinical privileges by the United States department	2633
of defense or department of veterans affairs or the termination or	2634
suspension of a certificate of registration to prescribe drugs by	2635
the drug enforcement administration of the United States	2636
department of justice;	2637

(25) Termination or suspension from participation in the	2638
medicare or medicaid programs by the department of health and	2639
human services or other responsible agency for any act or acts	2640
that also would constitute a violation of division (B)(2), (3),	2641
(6), (8), or (19) of this section;	2642

(26) Impairment of ability to practice according to	2643
acceptable and prevailing standards of care because of habitual or	2644
excessive use or abuse of drugs, alcohol, or other substances that	2645
impair ability to practice.	2646

For the purposes of this division, any individual authorized	2647
to practice by this chapter accepts the privilege of practicing in	2648
this state subject to supervision by the board. By filing an	2649
application for or holding a certificate to practice under this	2650
chapter, an individual shall be deemed to have given consent to	2651
submit to a mental or physical examination when ordered to do so	2652
by the board in writing, and to have waived all objections to the	2653
admissibility of testimony or examination reports that constitute	2654
privileged communications.	2655

If it has reason to believe that any individual authorized to	2656
practice by this chapter or any applicant for certification to	2657
practice suffers such impairment, the board may compel the	2658
individual to submit to a mental or physical examination, or both.	2659
The expense of the examination is the responsibility of the	2660
individual compelled to be examined. Any mental or physical	2661
examination required under this division shall be undertaken by a	2662
treatment provider or physician who is qualified to conduct the	2663
examination and who is chosen by the board.	2664

Failure to submit to a mental or physical examination ordered	2665
by the board constitutes an admission of the allegations against	2666
the individual unless the failure is due to circumstances beyond	2667
the individual's control, and a default and final order may be	2668
entered without the taking of testimony or presentation of	2669
evidence. If the board determines that the individual's ability to	2670
practice is impaired, the board shall suspend the individual's	2671
certificate or deny the individual's application and shall require	2672
the individual, as a condition for initial, continued, reinstated,	2673
or renewed certification to practice, to submit to treatment.	2674

Before being eligible to apply for reinstatement of a	2675
certificate suspended under this division, the impaired	2676
practitioner shall demonstrate to the board the ability to resume	2677
practice in compliance with acceptable and prevailing standards of	2678
care under the provisions of the practitioner's certificate. The	2679
demonstration shall include, but shall not be limited to, the	2680
following:	2681

(a) Certification from a treatment provider approved under	2682
section 4731.25 of the Revised Code that the individual has	2683
successfully completed any required inpatient treatment;	2684

(b) Evidence of continuing full compliance with an aftercare	2685
contract or consent agreement;	2686

(c) Two written reports indicating that the individual's	2687
ability to practice has been assessed and that the individual has	2688
been found capable of practicing according to acceptable and	2689
prevailing standards of care. The reports shall be made by	2690
individuals or providers approved by the board for making the	2691
assessments and shall describe the basis for their determination.	2692

The board may reinstate a certificate suspended under this	2693
division after that demonstration and after the individual has	2694
entered into a written consent agreement.	2695

When the impaired practitioner resumes practice, the board	2696
shall require continued monitoring of the individual. The	2697
monitoring shall include, but not be limited to, compliance with	2698
the written consent agreement entered into before reinstatement or	2699
with conditions imposed by board order after a hearing, and, upon	2700
termination of the consent agreement, submission to the board for	2701
at least two years of annual written progress reports made under	2702
penalty of perjury stating whether the individual has maintained	2703
sobriety.	2704

(27) A second or subsequent violation of section 4731.66 or	2705
4731.69 of the Revised Code;	2706

(28) Except as provided in division (N) of this section:

2707

(a) Waiving the payment of all or any part of a deductible or	2708
copayment that a patient, pursuant to a health insurance or health	2709
care policy, contract, or plan that covers the individual's	2710
services, otherwise would be required to pay if the waiver is used	2711
as an enticement to a patient or group of patients to receive	2712
health care services from that individual;	2713

(b) Advertising that the individual will waive the payment of	2714
all or any part of a deductible or copayment that a patient,	2715
pursuant to a health insurance or health care policy, contract, or	2716
plan that covers the individual's services, otherwise would be	2717
required to pay.	2718

(29) Failure to use universal blood and body fluid	2719
precautions established by rules adopted under section 4731.051 of	2720
the Revised Code;	2721

(30) Failure to provide notice to, and receive acknowledgment	2722
of the notice from, a patient when required by section 4731.143 of	2723
the Revised Code prior to providing nonemergency professional	2724
services, or failure to maintain that notice in the patient's	2725
file;	2726

(31) Failure of a physician supervising a physician assistant	2727
to maintain supervision in accordance with the requirements of	2728
Chapter 4730. of the Revised Code and the rules adopted under that	2729
chapter;	2730

(32) Failure of a physician or podiatrist to enter into a	2731
standard care arrangement with a clinical nurse specialist,	2732
certified nurse-midwife, or certified nurse practitioner with whom	2733
the physician or podiatrist is in collaboration pursuant to	2734
section 4731.27 of the Revised Code or failure to fulfill the	2735
responsibilities of collaboration after entering into a standard	2736
care arrangement;	2737

(33) Failure to comply with the terms of a consult agreement	2738
entered into with a pharmacist pursuant to section 4729.39 of the	2739
Revised Code;	2740

(34) Failure to cooperate in an investigation conducted by	2741
the board under division (F) of this section, including failure to	2742
comply with a subpoena or order issued by the board or failure to	2743
answer truthfully a question presented by the board at a	2744
deposition or in written interrogatories, except that failure to	2745
cooperate with an investigation shall not constitute grounds for	2746
discipline under this section if a court of competent jurisdiction	2747
has issued an order that either quashes a subpoena or permits the	2748
individual to withhold the testimony or evidence in issue;	2749

(35) Failure to supervise an acupuncturist in accordance with	2750
Chapter 4762. of the Revised Code and the board's rules for	2751
supervision of an acupuncturist;	2752

(36) Failure to supervise an anesthesiologist assistant in	2753
accordance with Chapter 4760. of the Revised Code and the board's	2754
rules for supervision of an anesthesiologist assistant;	2755

(37) Assisting suicide as defined in section 3795.01 of the	2756
Revised Code.	2757

(C) Disciplinary actions taken by the board under divisions	2758
(A) and (B) of this section shall be taken pursuant to an	2759
adjudication under Chapter 119. of the Revised Code, except that	2760
in lieu of an adjudication, the board may enter into a consent	2761
agreement with an individual to resolve an allegation of a	2762
violation of this chapter or any rule adopted under it. A consent	2763
agreement, when ratified by an affirmative vote of not fewer than	2764
six members of the board, shall constitute the findings and order	2765
of the board with respect to the matter addressed in the	2766
agreement. If the board refuses to ratify a consent agreement, the	2767
admissions and findings contained in the consent agreement shall	2768
be of no force or effect.	2769

If the board takes disciplinary action against an individual	2770
under division (B) of this section for a second or subsequent plea	2771
of guilty to, or judicial finding of guilt of, a violation of	2772
section 2919.123 of the Revised Code, the disciplinary action	2773
shall consist of a suspension of the individual's certificate to	2774
practice for a period of at least one year or, if determined	2775
appropriate by the board, a more serious sanction involving the	2776
individual's certificate to practice. Any consent agreement	2777
entered into under this division with an individual that pertains	2778
to a second or subsequent plea of guilty to, or judicial finding	2779
of guilt of, a violation of that section shall provide for a	2780
suspension of the individual's certificate to practice for a	2781
period of at least one year or, if determined appropriate by the	2782
board, a more serious sanction involving the individual's	2783
certificate to practice.	2784

(D) For purposes of divisions (B)(10), (12), and (14) of this	2785
section, the commission of the act may be established by a finding	2786
by the board, pursuant to an adjudication under Chapter 119. of	2787
the Revised Code, that the individual committed the act. The board	2788
does not have jurisdiction under those divisions if the trial	2789
court renders a final judgment in the individual's favor and that	2790
judgment is based upon an adjudication on the merits. The board	2791
has jurisdiction under those divisions if the trial court issues	2792
an order of dismissal upon technical or procedural grounds.	2793

(E) The sealing of conviction records by any court shall have	2794
no effect upon a prior board order entered under this section or	2795
upon the board's jurisdiction to take action under this section	2796
if, based upon a plea of guilty, a judicial finding of guilt, or a	2797
judicial finding of eligibility for intervention in lieu of	2798
conviction, the board issued a notice of opportunity for a hearing	2799
prior to the court's order to seal the records. The board shall	2800
not be required to seal, destroy, redact, or otherwise modify its	2801
records to reflect the court's sealing of conviction records.	2802

(F)(1) The board shall investigate evidence that appears to	2803
show that a person has violated any provision of this chapter or	2804
any rule adopted under it. Any person may report to the board in a	2805
signed writing any information that the person may have that	2806
appears to show a violation of any provision of this chapter or	2807
any rule adopted under it. In the absence of bad faith, any person	2808
who reports information of that nature or who testifies before the	2809
board in any adjudication conducted under Chapter 119. of the	2810
Revised Code shall not be liable in damages in a civil action as a	2811
result of the report or testimony. Each complaint or allegation of	2812
a violation received by the board shall be assigned a case number	2813
and shall be recorded by the board.	2814

(2) Investigations of alleged violations of this chapter or	2815
any rule adopted under it shall be supervised by the supervising	2816
member elected by the board in accordance with section 4731.02 of	2817
the Revised Code and by the secretary as provided in section	2818
4731.39 of the Revised Code. The president may designate another	2819
member of the board to supervise the investigation in place of the	2820
supervising member. No member of the board who supervises the	2821
investigation of a case shall participate in further adjudication	2822
of the case.	2823

(3) In investigating a possible violation of this chapter or	2824
any rule adopted under this chapter, the board may administer	2825
oaths, order the taking of depositions, issue subpoenas, and	2826
compel the attendance of witnesses and production of books,	2827
accounts, papers, records, documents, and testimony, except that a	2828
subpoena for patient record information shall not be issued	2829
without consultation with the attorney general's office and	2830
approval of the secretary and supervising member of the board.	2831
Before issuance of a subpoena for patient record information, the	2832
secretary and supervising member shall determine whether there is	2833
probable cause to believe that the complaint filed alleges a	2834
violation of this chapter or any rule adopted under it and that	2835
the records sought are relevant to the alleged violation and	2836
material to the investigation. The subpoena may apply only to	2837
records that cover a reasonable period of time surrounding the	2838
alleged violation.	2839

On failure to comply with any subpoena issued by the board	2840
and after reasonable notice to the person being subpoenaed, the	2841
board may move for an order compelling the production of persons	2842
or records pursuant to the Rules of Civil Procedure.	2843

A subpoena issued by the board may be served by a sheriff,	2844
the sheriff's deputy, or a board employee designated by the board.	2845
Service of a subpoena issued by the board may be made by	2846
delivering a copy of the subpoena to the person named therein,	2847
reading it to the person, or leaving it at the person's usual	2848
place of residence. When the person being served is a person whose	2849
practice is authorized by this chapter, service of the subpoena	2850
may be made by certified mail, restricted delivery, return receipt	2851
requested, and the subpoena shall be deemed served on the date	2852
delivery is made or the date the person refuses to accept	2853
delivery.	2854

A sheriff's deputy who serves a subpoena shall receive the	2855
same fees as a sheriff. Each witness who appears before the board	2856
in obedience to a subpoena shall receive the fees and mileage	2857
provided for witnesses in civil cases in the courts of common	2858
pleas.	2859

(4) All hearings and investigations of the board shall be	2860
considered civil actions for the purposes of section 2305.252 of	2861
the Revised Code.	2862

(5) Information received by the board pursuant to an	2863
investigation is confidential and not subject to discovery in any	2864
civil action.	2865

The board shall conduct all investigations and proceedings in	2866
a manner that protects the confidentiality of patients and persons	2867
who file complaints with the board. The board shall not make	2868
public the names or any other identifying information about	2869
patients or complainants unless proper consent is given or, in the	2870
case of a patient, a waiver of the patient privilege exists under	2871
division (B) of section 2317.02 of the Revised Code, except that	2872
consent or a waiver of that nature is not required if the board	2873
possesses reliable and substantial evidence that no bona fide	2874
physician-patient relationship exists.	2875

The board may share any information it receives pursuant to	2876
an investigation, including patient records and patient record	2877
information, with law enforcement agencies, other licensing	2878
boards, and other governmental agencies that are prosecuting,	2879
adjudicating, or investigating alleged violations of statutes or	2880
administrative rules. An agency or board that receives the	2881
information shall comply with the same requirements regarding	2882
confidentiality as those with which the state medical board must	2883
comply, notwithstanding any conflicting provision of the Revised	2884
Code or procedure of the agency or board that applies when it is	2885
dealing with other information in its possession. In a judicial	2886
proceeding, the information may be admitted into evidence only in	2887
accordance with the Rules of Evidence, but the court shall require	2888
that appropriate measures are taken to ensure that confidentiality	2889
is maintained with respect to any part of the information that	2890
contains names or other identifying information about patients or	2891
complainants whose confidentiality was protected by the state	2892
medical board when the information was in the board's possession.	2893
Measures to ensure confidentiality that may be taken by the court	2894
include sealing its records or deleting specific information from	2895
its records.	2896

(6) On a quarterly basis, the board shall prepare a report	2897
that documents the disposition of all cases during the preceding	2898
three months. The report shall contain the following information	2899
for each case with which the board has completed its activities:	2900

(a) The case number assigned to the complaint or alleged	2901
violation;	2902

(b) The type of certificate to practice, if any, held by the	2903
individual against whom the complaint is directed;	2904

(c) A description of the allegations contained in the	2905
complaint;	2906

(d) The disposition of the case.

2907

The report shall state how many cases are still pending and	2908
shall be prepared in a manner that protects the identity of each	2909
person involved in each case. The report shall be a public record	2910
under section 149.43 of the Revised Code.	2911

(G) If the secretary and supervising member determine that	2912
there is clear and convincing evidence that an individual has	2913
violated division (B) of this section and that the individual's	2914
continued practice presents a danger of immediate and serious harm	2915
to the public, they may recommend that the board suspend the	2916
individual's certificate to practice without a prior hearing.	2917
Written allegations shall be prepared for consideration by the	2918
board.	2919

The board, upon review of those allegations and by an	2920
affirmative vote of not fewer than six of its members, excluding	2921
the secretary and supervising member, may suspend a certificate	2922
without a prior hearing. A telephone conference call may be	2923
utilized for reviewing the allegations and taking the vote on the	2924
summary suspension.	2925

The board shall issue a written order of suspension by	2926
certified mail or in person in accordance with section 119.07 of	2927
the Revised Code. The order shall not be subject to suspension by	2928
the court during pendency of any appeal filed under section 119.12	2929
of the Revised Code. If the individual subject to the summary	2930
suspension requests an adjudicatory hearing by the board, the date	2931
set for the hearing shall be within fifteen days, but not earlier	2932
than seven days, after the individual requests the hearing, unless	2933
otherwise agreed to by both the board and the individual.	2934

Any summary suspension imposed under this division shall	2935
remain in effect, unless reversed on appeal, until a final	2936
adjudicative order issued by the board pursuant to this section	2937
and Chapter 119. of the Revised Code becomes effective. The board	2938
shall issue its final adjudicative order within sixty days after	2939
completion of its hearing. A failure to issue the order within	2940
sixty days shall result in dissolution of the summary suspension	2941
order but shall not invalidate any subsequent, final adjudicative	2942
order.	2943

(H) If the board takes action under division (B)(9), (11), or	2944
(13) of this section and the judicial finding of guilt, guilty	2945
plea, or judicial finding of eligibility for intervention in lieu	2946
of conviction is overturned on appeal, upon exhaustion of the	2947
criminal appeal, a petition for reconsideration of the order may	2948
be filed with the board along with appropriate court documents.	2949
Upon receipt of a petition of that nature and supporting court	2950
documents, the board shall reinstate the individual's certificate	2951
to practice. The board may then hold an adjudication under Chapter	2952
119. of the Revised Code to determine whether the individual	2953
committed the act in question. Notice of an opportunity for a	2954
hearing shall be given in accordance with Chapter 119. of the	2955
Revised Code. If the board finds, pursuant to an adjudication held	2956
under this division, that the individual committed the act or if	2957
no hearing is requested, the board may order any of the sanctions	2958
identified under division (B) of this section.	2959

(I) The certificate to practice issued to an individual under	2960
this chapter and the individual's practice in this state are	2961
automatically suspended as of the date of the individual's second	2962
or subsequent plea of guilty to, or judicial finding of guilt of,	2963
a violation of section 2919.123 of the Revised Code, or the date	2964
the individual pleads guilty to, is found by a judge or jury to be	2965
guilty of, or is subject to a judicial finding of eligibility for	2966
intervention in lieu of conviction in this state or treatment or	2967
intervention in lieu of conviction in another jurisdiction for any	2968
of the following criminal offenses in this state or a	2969
substantially equivalent criminal offense in another jurisdiction:	2970
aggravated murder, murder, voluntary manslaughter, felonious	2971
assault, kidnapping, rape, sexual battery, gross sexual	2972
imposition, aggravated arson, aggravated robbery, or aggravated	2973
burglary. Continued practice after suspension shall be considered	2974
practicing without a certificate.	2975

The board shall notify the individual subject to the	2976
suspension by certified mail or in person in accordance with	2977
section 119.07 of the Revised Code. If an individual whose	2978
certificate is automatically suspended under this division fails	2979
to make a timely request for an adjudication under Chapter 119. of	2980
the Revised Code, the board shall do whichever of the following is	2981
applicable:	2982

(1) If the automatic suspension under this division is for a	2983
second or subsequent plea of guilty to, or judicial finding of	2984
guilt of, a violation of section 2919.123 of the Revised Code, the	2985
board shall enter an order suspending the individual's certificate	2986
to practice for a period of at least one year or, if determined	2987
appropriate by the board, imposing a more serious sanction	2988
involving the individual's certificate to practice.	2989

(2) In all circumstances in which division (I)(1) of this	2990
section does not apply, enter a final order permanently revoking	2991
the individual's certificate to practice.	2992

(J) If the board is required by Chapter 119. of the Revised	2993
Code to give notice of an opportunity for a hearing and if the	2994
individual subject to the notice does not timely request a hearing	2995
in accordance with section 119.07 of the Revised Code, the board	2996
is not required to hold a hearing, but may adopt, by an	2997
affirmative vote of not fewer than six of its members, a final	2998
order that contains the board's findings. In that final order, the	2999
board may order any of the sanctions identified under division (A)	3000
or (B) of this section.	3001

(K) Any action taken by the board under division (B) of this	3002
section resulting in a suspension from practice shall be	3003
accompanied by a written statement of the conditions under which	3004
the individual's certificate to practice may be reinstated. The	3005
board shall adopt rules governing conditions to be imposed for	3006
reinstatement. Reinstatement of a certificate suspended pursuant	3007
to division (B) of this section requires an affirmative vote of	3008
not fewer than six members of the board.	3009

(L) When the board refuses to grant a certificate to an	3010
applicant, revokes an individual's certificate to practice,	3011
refuses to register an applicant, or refuses to reinstate an	3012
individual's certificate to practice, the board may specify that	3013
its action is permanent. An individual subject to a permanent	3014
action taken by the board is forever thereafter ineligible to hold	3015
a certificate to practice and the board shall not accept an	3016
application for reinstatement of the certificate or for issuance	3017
of a new certificate.	3018

(M) Notwithstanding any other provision of the Revised Code,	3019
all of the following apply:	3020

(1) The surrender of a certificate issued under this chapter	3021
shall not be effective unless or until accepted by the board.	3022
Reinstatement of a certificate surrendered to the board requires	3023
an affirmative vote of not fewer than six members of the board.	3024

(2) An application for a certificate made under the	3025
provisions of this chapter may not be withdrawn without approval	3026
of the board.	3027

(3) Failure by an individual to renew a certificate of	3028
registration in accordance with this chapter shall not remove or	3029
limit the board's jurisdiction to take any disciplinary action	3030
under this section against the individual.	3031

(N) Sanctions shall not be imposed under division (B)(28) of	3032
this section against any person who waives deductibles and	3033
copayments as follows:	3034

(1) In compliance with the health benefit plan that expressly	3035
allows such a practice. Waiver of the deductibles or copayments	3036
shall be made only with the full knowledge and consent of the plan	3037
purchaser, payer, and third-party administrator. Documentation of	3038
the consent shall be made available to the board upon request.	3039

(2) For professional services rendered to any other person	3040
authorized to practice pursuant to this chapter, to the extent	3041
allowed by this chapter and rules adopted by the board.	3042

(O) Under the board's investigative duties described in this	3043
section and subject to division (F) of this section, the board	3044
shall develop and implement a quality intervention program	3045
designed to improve through remedial education the clinical and	3046
communication skills of individuals authorized under this chapter	3047
to practice medicine and surgery, osteopathic medicine and	3048
surgery, and podiatric medicine and surgery. In developing and	3049
implementing the quality intervention program, the board may do	3050
all of the following:	3051

(1) Offer in appropriate cases as determined by the board an	3052
educational and assessment program pursuant to an investigation	3053
the board conducts under this section;	3054

(2) Select providers of educational and assessment services,	3055
including a quality intervention program panel of case reviewers;	3056

(3) Make referrals to educational and assessment service	3057
providers and approve individual educational programs recommended	3058
by those providers. The board shall monitor the progress of each	3059
individual undertaking a recommended individual educational	3060
program.	3061

(4) Determine what constitutes successful completion of an	3062
individual educational program and require further monitoring of	3063
the individual who completed the program or other action that the	3064
board determines to be appropriate;	3065

(5) Adopt rules in accordance with Chapter 119. of the	3066
Revised Code to further implement the quality intervention	3067
program.	3068

An individual who participates in an individual educational	3069
program pursuant to this division shall pay the financial	3070
obligations arising from that educational program.	3071

Sec. 4731.91.  (A) On and after the effective date of this	3072
amendment, all abortions are prohibited in this state under	3073
sections 2919.12 and 2919.123 of the Revised Code.	3074

(B)(1) No private hospital, private hospital director, or	3075
governing board of a private hospital is required toshall permit	3076
an abortion.	3077

(B)(2) No public hospital, public hospital director, or	3078
governing board of a public hospital is required toshall permit	3079
an abortion.	3080

(C)(3) Refusal to permit an abortion is not grounds for civil	3081
liability nor a basis for disciplinary or other recriminatory	3082
action.	3083

(D)(4) No person is required toshall perform or participate	3084
in medical procedures whichthat result in abortion, and refusal.	3085
Refusal to perform or participate in the medical procedures that	3086
result in an abortion is not grounds for civil liability nor a	3087
basis for disciplinary or other recriminatory action.	3088

(E)(5) Whoever violates division (D)(B)(1), (2), or (4) of	3089
this section is liable into the pregnant woman, to the person who	3090
was the father of the fetus or embryo that was the subject of the	3091
abortion, and, if the pregnant woman was a minor at the time of	3092
the abortion, to her parents, guardian, or custodian for civil	3093
compensatory and exemplary damages.	3094

(C) Division (B)(4) of this section does not apply to a	3095
person who provides medical treatment to a pregnant woman to	3096
prevent the death of the pregnant woman and who, as a proximate	3097
result of the provision of that medical treatment but without	3098
intent to do so, causes the termination of the pregnant woman's	3099
pregnancy. Divisions (B)(1) and (2) of this section do not apply	3100
to a hospital, director, or governing board regarding the	3101
provision, by a person at the hospital, of medical treatment to a	3102
pregnant woman to prevent the death of the pregnant woman when the	3103
person, as a proximate result of the provision of that medical	3104
treatment but without intent to do so, causes the termination of	3105
the pregnant woman's pregnancy.	3106

Sec. 5101.55.  (A) On and after the effective date of this	3107
amendment, all abortions are prohibited in this state under	3108
sections 2919.12 and 2919.123 of the Revised Code.	3109

(B)(1) No person shall be ordered by a public agency or any	3110
person to submit to an abortion.	3111

(B)(2) The refusal of any person to submit to an abortion or	3112
to give consent therefor shall not result in the loss of public	3113
assistance benefits or any other rights or privileges.	3114

(C)(3) State or local public funds shall not be used to	3115
subsidize an abortion, unless the abortion is necessary to	3116
preserve the life or physical or mental health of the pregnant	3117
woman and this fact is certified in writing by the performing	3118
physician to the state or local agency providing the funds.	3119

(C) Whoever violates division (B)(1) of this section is	3120
liable to the pregnant woman, to the person who was the father of	3121
the fetus or embryo that was the subject of the abortion, and, if	3122
the pregnant woman was a minor at the time of the abortion, to her	3123
parents, guardian, or custodian for civil compensatory and	3124
exemplary damages.	3125

Section 2. That existing sections 124.85, 149.43, 2151.421,	3126
2305.11, 2307.46, 2307.52, 2307.53, 2317.56, 2505.02, 2901.01,	3127
2903.09, 2919.12, 2919.123, 2919.13, 2919.14, 2919.24, 2950.03,	3128
3701.341, 4112.01, 4731.22, 4731.91, and 5101.55 and sections	3129
2151.85, 2505.073, 2919.121, 2919.122, 2919.151, 2919.16, 2919.17,	3130
and 2919.18 of the Revised Code are hereby repealed.	3131

Section 3. Section 149.43 of the Revised Code is presented in	3132
this act as a composite of the section as amended by Am. Sub. H.B.	3133
303, Am. Sub. H.B. 431, and Sub. S.B. 222, all of the 125th	3134
General Assembly. Section 2151.421 of the Revised Code is	3135
presented in this act as a composite of the section as amended by	3136
both Sub. S.B. 66 and Sub. S.B. 185 of the 125th General Assembly.	3137
Section 2505.02 of the Revised Code is presented in this act as a	3138
composite of the section as amended by both Am. Sub. H.B. 516 and	3139
Am. Sub. S.B. 80 of the 125th General Assembly. Section 2901.01 of	3140
the Revised Code is presented in this act as a composite of the	3141
section as amended by Sub. H.B. 364, Sub. H.B. 545, and H.B. 675	3142
of the 124th General Assembly. Section 4731.22 of the Revised Code	3143
is presented in this act as a composite of the section as amended	3144
by both Sub. H.B. 126 and Am. Sub. S.B. 80 of the 125th General	3145
Assembly. The General Assembly, applying the principle stated in	3146
division (B) of section 1.52 of the Revised Code that amendments	3147
are to be harmonized if reasonably capable of simultaneous	3148
operation, finds that the composites are the resulting versions of	3149
the sections in effect prior to the effective date of the sections	3150
as presented in this act.	3151

Section 4. Sections 1, 2, and 3 of this act shall take effect	3152
on October 29, 2005, or the earliest date permitted by law,	3153
whichever is later.	3154