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To amend section 5101.55 and to enact sections 9.041, | 1 |
3701.511, 3702.33, and 5101.56 of the Revised Code | 2 |
to declare that it is the public policy of the | 3 |
state to prefer childbirth over abortion, to | 4 |
permit any person to petition a court of common | 5 |
pleas for an order enjoining the operation of a | 6 |
health care facility without a license, to modify | 7 |
the laws governing public funding of abortions, | 8 |
and to prohibit the use of funds appropriated for | 9 |
genetic services to be used for abortion-related | 10 |
purposes. | 11 |
Section 1. That section 5101.55 be amended and sections | 12 |
9.041, 3701.511, 3702.33, and 5101.56 of the Revised Code be | 13 |
enacted to read as follows: | 14 |
Sec. 9.041. It is the public policy of the state of Ohio to | 15 |
prefer childbirth over abortion to the extent that is | 16 |
constitutionally permissible. | 17 |
Sec. 3701.511. None of the funds appropriated to administer | 18 |
the programs authorized by sections 3701.501 and 3701.502 of the | 19 |
Revised Code shall be used to counsel or refer for abortion, | 20 |
except in the case of a medical emergency. | 21 |
Sec. 3702.33. Any person who believes a health care facility | 22 |
is operating without a license in violation of division (E) of | 23 |
section 3702.30 of the Revised Code may petition the court of | 24 |
common pleas of the county in which the facility is located for an | 25 |
order enjoining the facility from continuing to operate without a | 26 |
license. The court shall grant the order on a showing that the | 27 |
facility named in the petition is violating division (E) of | 28 |
section 3702.30 of the Revised Code. | 29 |
Sec. 5101.55. (A) No person shall be ordered by a public | 30 |
agency or any person to submit to an abortion. | 31 |
(B) The refusal of any person to submit to an abortion or to | 32 |
give consent therefor shall not result in the loss of public | 33 |
assistance benefits or any other rights or privileges. | 34 |
(C) State or local public funds shall not be used to | 35 |
subsidize an abortion,
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as provided in section 5101.56 of the Revised Code. | 40 |
Sec. 5101.56. (A) As used in this section, "physician" means | 41 |
a person who holds a valid certificate to practice medicine and | 42 |
surgery or osteopathic medicine and surgery issued under Chapter | 43 |
4731. of the Revised Code. | 44 |
(B) Unless required by the United States Constitution or by | 45 |
federal statute, regulation, or decisions of federal courts, state | 46 |
or local funds may not be used for payment or reimbursement for | 47 |
abortion services unless the certification required by division | 48 |
(C) of this section is made and one of the following circumstances | 49 |
exists: | 50 |
(1) The woman suffers from a physical disorder, physical | 51 |
injury, or physical illness, including a life-endangering physical | 52 |
condition caused by or arising from the pregnancy, that would, as | 53 |
certified by a physician, place the woman in danger of death | 54 |
unless an abortion is performed. | 55 |
(2) The pregnancy was the result of an act of rape and the | 56 |
patient, the patient's legal guardian, or the person who made the | 57 |
report to the law enforcement agency, certifies in writing that | 58 |
prior to the performance of the abortion a report was filed with a | 59 |
law enforcement agency having the requisite jurisdiction, unless | 60 |
the patient was physically unable to comply with the reporting | 61 |
requirement and that fact is certified by the physician performing | 62 |
the abortion. | 63 |
(3) The pregnancy was the result of an act of incest and the | 64 |
patient, the patient's legal guardian, or the person who made the | 65 |
report certifies in writing that prior to the performance of the | 66 |
abortion a report was filed with either a law enforcement agency | 67 |
having the requisite jurisdiction, or, in the case of a minor, | 68 |
with a county children services agency established under Chapter | 69 |
5153. of the Revised Code, unless the patient was physically | 70 |
unable to comply with the reporting requirement and that fact is | 71 |
certified by the physician performing the abortion. | 72 |
(C)(1) Before payment of or reimbursement for an abortion can | 73 |
be made with state or local funds, the physician performing the | 74 |
abortion shall certify that one of the three circumstances in | 75 |
division (B) of this section has occurred. The certification shall | 76 |
be made on a form created by the Ohio department of job and family | 77 |
services known as the "Abortion Certification Form." The | 78 |
physician's signature shall be in the physician's own handwriting. | 79 |
The certification shall list the name and address of the patient. | 80 |
The certification form shall be attached to the billing invoice. | 81 |
(2) The certification shall be as follows: | 82 |
I certify that, on the basis of my professional judgment, | 83 |
this service was necessary because: | 84 |
(a) The woman suffers from a physical disorder, physical | 85 |
injury, or physical illness, including a life-endangering physical | 86 |
condition caused by or arising from the pregnancy itself, that | 87 |
would place the woman in danger of death unless an abortion was | 88 |
performed; | 89 |
(b) The pregnancy was the result of an act of rape and the | 90 |
patient, the patient's legal guardian, or the person who made the | 91 |
report to the law enforcement agency certified in writing that | 92 |
prior to the performance of the abortion a report was filed with a | 93 |
law enforcement agency having the requisite jurisdiction; | 94 |
(c) The pregnancy was the result of an act of incest and the | 95 |
patient, the patient's legal guardian, or the person who made the | 96 |
report certified in writing that prior to the performance of the | 97 |
abortion a report was filed with either a law enforcement agency | 98 |
having the requisite jurisdiction or, in the case of a minor, with | 99 |
a county children services agency established under Chapter 5153. | 100 |
of the Revised Code; | 101 |
(d) The pregnancy was the result of an act of rape and in my | 102 |
professional opinion the recipient was physically unable to comply | 103 |
with the reporting requirement; or | 104 |
(e) The pregnancy was a result of an act of incest and in my | 105 |
professional opinion the recipient was physically unable to comply | 106 |
with the reporting requirement. | 107 |
(D) Payment or reimbursement for abortion services shall not | 108 |
be made with state or local funds for associated services such as | 109 |
anesthesia, laboratory tests, or hospital services if the abortion | 110 |
service itself cannot be paid or reimbursed with state or local | 111 |
funds. All abortion services for which a physician is seeking | 112 |
reimbursement or payment for the purposes of this division shall | 113 |
be submitted on a hard-copy billing invoice. | 114 |
(E) Documentation that supports the certification made by a | 115 |
physician shall be maintained by the physician in the recipient's | 116 |
medical record. When the physician certifies that circumstances | 117 |
described in division (C)(2)(b) or (c) of this section are the | 118 |
case, a copy of the statement signed by the patient, the patient's | 119 |
legal guardian, or the person who made the report shall be | 120 |
maintained in the patient's medical record. | 121 |
(F) Nothing in this section denies reimbursement for drugs or | 122 |
devices to prevent implantation of the fertilized ovum, or for | 123 |
medical procedures for the termination of an ectopic pregnancy. | 124 |
This section does not apply to treatments for incomplete, missed, | 125 |
or septic abortions. | 126 |
(G) If enforcement of this section will adversely affect | 127 |
eligibility of the state or a political subdivision of the state | 128 |
for participation in a federal program, this section shall be | 129 |
enforced to the extent permissible without preventing | 130 |
participation in that federal program. | 131 |
Section 2. That existing section 5101.55 of the Revised Code | 132 |
is hereby repealed. | 133 |