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As Reported by the House Health, Retirement and Aging Committee
122nd General Assembly
Regular Session
1997-1998 | H. B. No. 421 |
REPRESENTATIVES LUEBBERS-BATCHELDER-VESPER-PADGETT-WHALEN-GARDNER-
BUCHY-MAIER-WESTON-TIBERI-HARRIS-ROMAN-CLANCY-WINKLER-KRUPINSKI-
LOGAN-COLONNA-BATEMAN-NETZLEY-KASPUTIS-VAN VYVEN-OGG-SULZER-
BRADING-SCHULER-WACHTMANN-VERICH-MOTTL-JAMES-JERSE-GRENDELL-
JORDAN-KREBS-HOTTINGER-CATES-AMSTUTZ-CAREY-FOX-COUGHLIN-
CALLENDER-HAINES-HOOD-WISE-CORE-METZGER-TAYLOR-YOUNG-WILLIAMS-
HOUSEHOLDER-MOTTLEY-MYERS-HODGES-SCHUCK-SCHURING-O'BRIEN-
MASON-JOHNSON-JACOBSON-THOMAS-THOMPSON
A BILL
To amend section 2317.56 of the Revised Code regarding patient notification
prior to an
abortion.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2317.56 of the Revised Code be amended to read as
follows:
Sec. 2317.56. (A) As used in this section:
(1) "Medical emergency" means a condition of a pregnant
woman that, in the reasonable judgment of the physician who is
attending the woman, creates an immediate threat of serious risk
to the life or physical health of the woman from the continuation
of her THE pregnancy necessitating the immediate performance or
inducement of an abortion.
(2) "Medical necessity" means a medical condition of a
pregnant woman that, in the reasonable judgment of the physician
who is attending the woman, so complicates the pregnancy that it
necessitates the immediate performance or inducement of an
abortion.
(3) "Probable gestational age of the embryo or fetus"
means the gestational age that, in the judgment of a physician,
is, with reasonable probability, the gestational age of the
embryo or fetus at the time that the physician informs a pregnant
woman pursuant to division (B)(1)(b) of this section.
(B) Except when there is a medical emergency or medical
necessity, an abortion shall be performed or induced only if all
of the following conditions are satisfied:
(1) At least twenty-four hours prior to the performance or
inducement of the abortion, a PHYSICIAN MEETS WITH THE PREGNANT WOMAN IN
PERSON IN AN INDIVIDUAL, PRIVATE SETTING AND GIVES HER AN ADEQUATE OPPORTUNITY
TO ASK QUESTIONS ABOUT THE ABORTION THAT WILL BE PERFORMED OR INDUCED. AT
THIS MEETING, THE physician informs SHALL INFORM the
pregnant
woman, verbally or, IF SHE IS HEARING IMPAIRED, by other
nonwritten means of communication, of
all of the following:
(a) The nature and purpose of the particular abortion
procedure to be used and the medical risks associated with that
procedure;
(b) The probable gestational age of the embryo or fetus;
(c) The medical risks associated with the pregnant woman
carrying her THE pregnancy to term.
(2) A physician provides the pregnant woman with the
information described in division (B)(1) of this section in an
individual, private setting and gives her an adequate opportunity
to ask questions about the abortion that will be performed or
induced;
(3) THE MEETING NEED NOT OCCUR AT THE FACILITY WHERE THE ABORTION
IS TO BE PERFORMED OR INDUCED, AND THE PHYSICIAN INVOLVED IN THE MEETING NEED
NOT BE AFFILIATED WITH THAT FACILITY OR WITH THE PHYSICIAN WHO IS SCHEDULED TO
PERFORM OR INDUCE THE ABORTION.
(2) At least twenty-four hours prior to the performance or
inducement of the abortion, one or more physicians or one or more
agents of one or more physicians do each of the following in
person, by telephone, by certified mail, return receipt
requested, or by regular mail evidenced by a certificate of
mailing:
(a) Inform the pregnant woman of the name of the physician
who is scheduled to perform or induce the abortion;
(b) Give the pregnant woman copies of the published
materials described in division (C) of this section;
(c) Inform the pregnant woman that the materials given to
her pursuant to division (B)(3)(2)(b) of this section are
provided
by the state and that they describe the embryo or fetus and list
agencies that offer alternatives to abortion. The pregnant woman
may choose to examine or not to examine the materials. A
physician or an agent of a physician may disassociate himself
CHOOSE TO BE DISASSOCIATED from the materials and may choose to comment
or not comment on
the materials.
(4)(3) Prior to the performance or inducement of the
abortion, the pregnant woman signs a form consenting to the
abortion and certifies both of the following on that form:
(a) She has received the information and materials
described in divisions (B)(1), AND (2), and (3) of this
section, and
her questions about the abortion that will be performed or
induced have been answered in a satisfactory manner.
(b) She consents to the particular abortion voluntarily,
knowingly, intelligently, and without coercion by any person, and
she is not under the influence of any drug of abuse or alcohol.
(5)(4) Prior to the performance or inducement of the
abortion, the physician who is scheduled to perform or induce the
abortion or his THE PHYSICIAN'S agent receives a copy of the
pregnant woman's
signed form on which she consents to the abortion and that
includes the certification required by division (B)(4)(3) of
this
section.
(C) The department of health shall cause to be published
in English and in Spanish, in a typeface large enough to be
clearly legible, and in an easily comprehensible format, the
following materials:
(1) Materials that inform the pregnant woman about family
planning information, of publicly funded agencies that are
available to assist her in family planning, and of public and
private agencies and services that are available to assist her
through her THE pregnancy, upon childbirth, and while her
THE child is
dependent, including, but not limited to, adoption agencies. The
materials shall be geographically indexed; include a
comprehensive list of the available agencies, a description of
the services offered by the agencies, and the telephone numbers
and addresses of the agencies; and inform the pregnant woman
about available medical assistance benefits for prenatal care,
childbirth, and neonatal care and about the support obligations
of the father of a child who is born alive. The department shall
ensure that the materials described in division (C)(1) of this
section are comprehensive and do not directly or indirectly
promote, exclude, or discourage the use of any agency or service
described in this division.
(2) Materials that inform the pregnant woman of the
probable anatomical and physiological characteristics of the
zygote, blastocyte, embryo, or fetus at two-week gestational
increments for the first sixteen weeks of her pregnancy and at
four-week gestational increments from the seventeenth week of her
pregnancy to full term, including any relevant information
regarding the time at which the fetus possibly would be viable.
The department shall cause these materials to be published only
after it consults with the Ohio state medical association and the
Ohio section of the American college of obstetricians and
gynecologists relative to the probable anatomical and
physiological characteristics of a zygote, blastocyte, embryo, or
fetus at the various gestational increments. The materials shall
use language that is understandable by the average person who is
not medically trained, shall be objective and nonjudgmental, and
shall include only accurate scientific information about the
zygote, blastocyte, embryo, or fetus at the various gestational
increments. If the materials use a pictorial, photographic, or
other depiction to provide information regarding the zygote,
blastocyte, embryo, or fetus, the materials shall include, in a
conspicuous manner, a scale or other explanation that is
understandable by the average person and that can be used to
determine the actual size of the zygote, blastocyte, embryo, or
fetus at a particular gestational increment as contrasted with
the depicted size of the zygote, blastocyte, embryo, or fetus at
that gestational increment.
(D) Upon the submission of a request to the department of
health by any person, hospital, physician, or medical facility
for one or more copies of the materials published in accordance
with division (C) of this section, the
department shall make the requested number of copies of the
materials available to the person, hospital, physician, or
medical facility that requested the copies.
(E) If a medical emergency or medical necessity compels
the performance or inducement of an abortion, the physician who
will perform or induce the abortion, prior to its performance or
inducement if possible, shall inform the pregnant woman of the
medical indications supporting his THE PHYSICIAN'S judgment that
an immediate
abortion is necessary. Any physician who performs or induces an
abortion without the prior satisfaction of the conditions
specified in division (B) of this section because of a medical
emergency or medical necessity shall enter the reasons for his
THE
conclusion that a medical emergency or medical necessity exists
in the medical record of the pregnant woman.
(F) If the conditions specified in division (B) of this
section are satisfied, consent to an abortion shall be presumed
to be valid and effective.
(G) The performance or inducement of an abortion without
the prior satisfaction of the conditions specified in division
(B) of this section does not constitute, and shall not be
construed as constituting, a violation of division (A) of section
2919.12 of the Revised Code. The failure of a physician to
satisfy the conditions of division (B) of this section prior to
performing or inducing an abortion upon a pregnant woman may be
the basis of both of the following:
(1) A civil action for compensatory and exemplary damages
as described in division (H) of this section;
(2) Disciplinary action under section 4731.22 of the
Revised Code.
(H)(1) Subject to divisions (H)(2) and (3) of this
section, any physician who performs or induces an abortion with
actual knowledge that the conditions specified in division (B) of
this section have not been satisfied or with a heedless
indifference as to whether those conditions have been satisfied
is liable in compensatory and exemplary damages in a civil action
to any person, or the representative of the estate of any person,
who sustains injury, death, or loss to person or property as a
result of the failure to satisfy those conditions. In the civil
action, the court additionally may enter any injunctive or other
equitable relief that it considers appropriate.
(2) The following shall be affirmative defenses in a civil
action authorized by division (H)(1) of this section:
(a) The physician performed or induced the abortion under
the circumstances described in division (E) of this section.
(b) The physician made a good faith effort to satisfy the
conditions specified in division (B) of this section.
(c) The physician or an agent of the physician requested
copies of the materials published in accordance with division (C)
of this section from the department of health, but
the physician was not able to give a pregnant woman copies of the
materials pursuant to division (B)(3)(2) of this section and
to
obtain a certification as described in divisions (B)(4)(3) and
(5)(4)
of this section because the department failed to make the
requested number of copies available to the physician or his
agent in accordance with division (D) of this section.
(3) An employer or other principal is not liable in
damages in a civil action authorized by division (H)(1) of this
section on the basis of the doctrine of respondeat superior
unless either of the following applies:
(a) The employer or other principal had actual knowledge
or, by the exercise of reasonable diligence, should have known
that his AN employee or agent performed or induced an abortion
with
actual knowledge that the conditions specified in division (B) of
this section had not been satisfied or with a heedless
indifference as to whether those conditions had been satisfied.
(b) The employer or other principal negligently failed to
secure the compliance of his AN employee or agent with division
(B)
of this section.
(4) Notwithstanding division (E) of section 2919.12 of the
Revised Code, the civil action authorized by division (H)(1) of
this section shall be the exclusive civil remedy for persons, or
the representatives of estates of persons, who allegedly sustain
injury, death, or loss to person or property as a result of a
failure to satisfy the conditions specified in division (B) of
this section.
(I) The department of human services shall prepare and
conduct a public information program to inform women of all
available governmental programs and agencies that provide
services or assistance for family planning, prenatal care, child
care, or alternatives to abortion.
Section 2. That existing section 2317.56 of the Revised Code is hereby
repealed.
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