Ohio § 2317.56

§ 2317.56.

(A) As used in this section: (1) “Medical emergency” has the same meaning as in section 2919.16 of the Revised Code . (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 zygote, blastocyte, embryo, or fetus ” means the gestational age that, in the judgment of a physician, is, with reasonable

probability, the gestational age of the zygote, blastocyte, 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 shall inform the pregnant woman, verbally or, if

she is hearing impaired, by other 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 zygote, blastocyte, embryo, or fetus; (c) The medical risks associated with the pregnant woman carrying the pregnancy to term. 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,

the physician who is to perform or induce the abortion or the physician's agent does

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 pursuant to division (B)(2)(b)

of this section are published by the state and that they describe the zygote, blastocyte,

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 choose to be disassociated from the materials

and may choose to comment or not comment on the materials. (3) If it has been determined that the unborn human individual the pregnant woman is

carrying has a detectable fetal heartbeat, the physician who is to perform or induce

the abortion shall comply with the informed consent requirements in section 2919.194 of the Revised Code in addition to complying with the informed consent requirements in divisions (B)(1),

(2), (4), and (5) of this section. (4) Prior to the performance or inducement of the abortion, the pregnant woman signs

a form consenting to the abortion and certifies all of the following on that form: (a) She has received the information and materials described in divisions (B)(1) and

(2) 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. (c) If the abortion will be performed or induced surgically, she has been provided with

the notification form described in division (A) of section 3726.14 of the Revised Code . (d) If the abortion will be performed or induced surgically and she desires to exercise

the rights under division (A) of section 3726.03 of the Revised Code , she has completed the disposition determination under section 3726.04 or 3726.041 of the Revised Code . A form shall be completed for each zygote, blastocyte, embryo, or fetus to be aborted.  If a pregnant woman is carrying more than one zygote, blastocyte, embryo, or fetus,

she shall sign a form for each zygote, blastocyte, embryo, or fetus to be aborted. The form shall contain the name and contact information of the physician who provided

to the pregnant woman the information described in division (B)(1) of this section. (5) Prior to the performance or inducement of the abortion, the physician who is scheduled

to perform or induce the abortion or 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) of this section. (C) The department of health shall publish in English and in Spanish, in a typeface large

enough to be clearly legible, and in an easily comprehensible format, the following

materials on the department's web site: (1) Materials that inform the pregnant woman about family planning information, of publicly

funded agencies that are available to assist in family planning, and of public and

private agencies and services that are available to assist her through the pregnancy,

upon childbirth, and while 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 pregnancy and at four-week gestational increments

from the seventeenth week of 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 after it consults with

independent health care experts 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 copy of the materials published in accordance

with division (C) of this section, the department shall make the requested copy of

the materials available to the person, hospital, physician, or medical facility that

requested the copy. (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 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 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. (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 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 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 job and family 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.