Sec. 2305.11. (A) An action for libel, slander, malicious | 9 |
prosecution, or false imprisonment, an action for malpractice | 10 |
other than an action upon a medical, dental, optometric, or | 11 |
chiropractic claim, or an action upon a statute for a penalty or | 12 |
forfeiture shall be commenced within one year after the cause of | 13 |
action accrued, provided that an action by an employee for the | 14 |
payment of unpaid minimum wages, unpaid overtime compensation, or | 15 |
liquidated damages by reason of the nonpayment of minimum wages or | 16 |
overtime compensation shall be commenced within two years after | 17 |
the cause of action accrued. | 18 |
(B) A civil action for unlawful abortion pursuant to section | 19 |
2919.12 of the Revised Code, a civil action authorized by division | 20 |
(H) of section 2317.56 of the Revised Code, a civil action | 21 |
pursuant to division (B)(1) or (2) of section 2307.51 of the | 22 |
Revised Code for performing a dilation and extraction procedure or | 23 |
attempting to perform a dilation and extraction procedure in | 24 |
violation of section 2919.15 of the Revised Code, and a civil | 25 |
action pursuant to division (B)(1) or (2) of section 2307.52 of | 26 |
the Revised Code for terminating or attempting to terminate a | 27 |
human pregnancy after viability in violation of division (A) or | 28 |
(B) of section 2919.17 of the Revised Code shall be commenced | 29 |
within one year after the performance or inducement of the | 30 |
abortion, within one year after the attempt to perform or induce | 31 |
the abortion in violation of division (A) or (B) of section | 32 |
2919.17 of the Revised Code, within one year after the performance | 33 |
of the dilation and extraction procedure, or, in the case of a | 34 |
civil action pursuant to division (B)(2) of section 2307.51 of the | 35 |
Revised Code, within one year after the attempt to perform the | 36 |
dilation and extraction procedure. | 37 |
(B)(1) A woman upon whom an abortion is purposely performed | 46 |
or induced or attempted to be performed or induced in violation of | 47 |
division (A) of section 2919.17 of the Revised Code has and may | 48 |
commence a civil action for compensatory damages, punitive or | 49 |
exemplary damages if authorized by section 2315.21 of the Revised | 50 |
Code, and court costs and reasonable attorney's fees against the | 51 |
person who purposely performed or induced or attempted to perform | 52 |
or induce the abortion in violation of division (A) of section | 53 |
2919.17 of the Revised Code. | 54 |
(2) A woman upon whom an abortion is purposely performed or | 55 |
induced or attempted to be performed or induced in violation of | 56 |
division (B) of section 2919.17 of the Revised Code has and may | 57 |
commence a civil action for compensatory damages, punitive or | 58 |
exemplary damages if authorized by section 2315.21 of the Revised | 59 |
Code, and court costs and reasonable attorney's fees against the | 60 |
person who purposely performed or induced or attempted to perform | 61 |
or induce the abortion in violation of division (B) of section | 62 |
2919.17 of the Revised Code. | 63 |
(C) If a judgment is rendered in favor of the defendant in a | 64 |
civil action commenced pursuant to division (B)(1) or (2) of this | 65 |
section and the court finds, upon the filing of a motion under | 66 |
section 2323.51 of the Revised Code, that the commencement of the | 67 |
civil action constitutes frivolous conduct and that the defendant | 68 |
was adversely affected by the frivolous conduct, the court shall | 69 |
award in accordance with section 2323.51 of the Revised Code | 70 |
reasonable attorney's fees to the defendant. | 71 |
(C) "Health care facility" means a hospital, clinic, | 79 |
ambulatory surgical treatment center, other center, medical | 80 |
school, office of a physician, infirmary, dispensary, medical | 81 |
training institution, or other institution or location in or at | 82 |
which medical care, treatment, or diagnosis is provided to a | 83 |
person. | 84 |
(F) "Medical emergency" means a condition that a pregnant | 89 |
woman's physician determines, in the physician's good faith and in | 90 |
the exercise of reasonable medical judgment, based upon the facts | 91 |
known to the physician at that time, so complicates the woman's | 92 |
pregnancy as to necessitate the immediate performance or | 93 |
inducement of an abortion in order to prevent the death of the | 94 |
pregnant woman or to avoid a serious risk of the substantial and | 95 |
irreversible impairment of a major bodily function of the pregnant | 96 |
woman that delay in the performance or inducement of the abortion | 97 |
would create. | 98 |
(5) Multiple sclerosis. A medically diagnosed condition that | 116 |
constitutes a "serious risk of the substantial and irreversible | 117 |
impairment of a major bodily function" includes pre-eclampsia, | 118 |
inevitable abortion, and premature rupture of the membranes, may | 119 |
include, but is not limited to, diabetes and multiple sclerosis, | 120 |
and does not include a condition related to the woman's mental | 121 |
health. | 122 |
(L)(M) "Viable" means the stage of development of a human | 125 |
fetus at which in the determination of a physician, based on the | 126 |
particular facts of a woman's pregnancy that are known to the | 127 |
physician and in light of medical technology and information | 128 |
reasonably available to the physician, there is a realistic | 129 |
possibility of the maintaining and nourishing of a life outside of | 130 |
the womb with or without temporary artificial life-sustaining | 131 |
support. | 132 |
(C) Except when a medical emergency exists that prevents | 153 |
compliance with section 2919.18 of the Revised Code, the | 154 |
affirmative defense set forth in division (B)(1)(a) of this | 155 |
section does not apply unless the physician who performs or | 156 |
induces or attempts to perform or induce the abortion performs the | 157 |
viability testing required by division (A) of section 2919.18 of | 158 |
the Revised Code and certifies in writing, based on the results of | 159 |
the tests performed, that in the physician's good faith medical | 160 |
judgment the unborn child is not viable. | 161 |
(2) Another physician who is not professionally related to | 175 |
the physician who intends to perform or induce the abortion | 176 |
certifies in writing that, in that physician's good faith medical | 177 |
judgment, based on the facts known to that physician at that time, | 178 |
the abortion is necessary to prevent the death of the pregnant | 179 |
woman or a serious risk of the substantial and irreversible | 180 |
impairment of a major bodily function of the pregnant woman. | 181 |
(4) The physician who performs or induces or attempts to | 185 |
perform or induce the abortion terminates or attempts to terminate | 186 |
the pregnancy in the manner that provides the best opportunity for | 187 |
the unborn child to survive, unless that physician determines, in | 188 |
the physician's good faith medical judgment, based on the facts | 189 |
known to the physician at that time, that the termination of the | 190 |
pregnancy in that manner poses a greater risk of the death of the | 191 |
pregnant woman or a greater risk of the substantial and | 192 |
irreversible impairment of a major bodily function of the pregnant | 193 |
woman than would other available methods of abortion. | 194 |
(6) The physician who performs or induces or attempts to | 198 |
perform or induce the abortion has arranged for the attendance in | 199 |
the same room in which the abortion is to be performed or induced | 200 |
or attempted to be performed or induced at least one other | 201 |
physician who is to take control of, provide immediate medical | 202 |
care for, and take all reasonable steps necessary to preserve the | 203 |
life and health of the unborn child immediately upon the child's | 204 |
complete expulsion or extraction from the pregnant woman. | 205 |
(H) Any physician who performs or induces an abortion or | 215 |
attempts to perform or induce an abortion with actual knowledge | 216 |
that neither of the affirmative defenses set forth in division | 217 |
(B)(1) of this section applies, or with a heedless indifference as | 218 |
to whether either affirmative defense applies, is liable in a | 219 |
civil action for compensatory and exemplary damages and reasonable | 220 |
attorney's fees to any person, or the representative of the estate | 221 |
of any person, who sustains injury, death, or loss to person or | 222 |
property as the result of the performance or inducement or the | 223 |
attempted performance or inducement of the abortion. In any action | 224 |
under this division, the court also may award any injunctive or | 225 |
other equitable relief that the court considers appropriate. | 226 |
Sec. 2919.18. (A) Except in a medical emergency that | 233 |
prevents compliance with this division, no physician shall perform | 234 |
or induce or attempt to perform or induce an abortion on a | 235 |
pregnant woman after the beginning of the twenty-second week of | 236 |
gestation unless, prior to the performance or inducement of the | 237 |
abortion or the attempt to perform or induce the abortion, the | 238 |
physician determines, in the physician's good faith medical | 239 |
judgment, that the unborn child is not viable, and the physician | 240 |
makes that determination after performing a medical examination of | 241 |
the pregnant woman and after performing or causing to be performed | 242 |
those tests for assessing gestational age, weight, lung maturity, | 243 |
or other tests that a reasonable physician, in making a | 244 |
determination as to whether an unborn child is viable, would | 245 |
perform or cause to be performed. | 246 |