Sub. H. B. No. 239 As Passed by the Senate

Representatives Schneider, Reidelbach, Brinkman, Faber, Seitz, Kearns, Flowers, Hood, Aslanides, Blessing, Bubp, Buehrer, Coley, Collier, Combs, Daniels, DeGeeter, Distel, Dolan, Domenick, Driehaus, Fessler, Garrison, Gibbs, Gilb, Hagan, Hoops, Kilbane, Latta, Law, Martin, McGregor, J., Oelslager, Patton, T., Raga, Raussen, Reinhard, Schaffer, Seaver, Setzer, Smith, G., Taylor, Trakas, Uecker, Wagner, Wagoner, Walcher, White, J., Widener, Widowfield, Willamowski, Wolpert, Calvert, Cassell, Core, White, D., Schlichter

Senators Jacobson, Jordan, Clancy, Gardner, Amstutz, Austria, Carey, Cates, Grendell, Hottinger, Mumper, Niehaus, Padgett, Schuring, Schuler, Harris, Spada, Wachtmann

A BILL

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

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

       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, ~~unless the abortion is necessary to~~ 36
~~preserve the life or physical or mental health of the pregnant~~ 37
~~woman and this fact is certified in writing by the performing~~ 38
~~physician to the state or local agency providing the funds~~except 39
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

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, ~~unless the abortion is necessary to~~	36
~~preserve the life or physical or mental health of the pregnant~~	37
~~woman and this fact is certified in writing by the performing~~	38
~~physician to the state or local agency providing the funds~~except	39
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

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