LibGuides: Abortion Laws : Ohio and Federal: Ohio Laws

Current criminal laws that are in effect

Oh. Rev. Code Sec. 2903.041
Whoever recklessly causes the unlawful termination of another's pregnancy violates is guilty of reckless homicide, a felony of the third degree.
Oh. Rev. Code Sec. 2903.09
Exceptions from liability
Oh. Rev. Code Sec. 2919.11
Abortion defined.
Oh. Rev. Code Sec. 2919.10
Abortion of down syndrome fetus prohibited. Stayed, and on appeal to the US 6th Cir.
Oh. Rev. Code Sec. 2919.13
Abortion manslaughter occurs when a person purposely takes the life of a child born by attempted abortion who is alive when removed from the uterus of the pregnant woman. It is a felony of the first degree.
Oh. Rev. Code Sec. 2919.14
Abortion trafficking occurs when a person experiments upon or sells the product of human conception which is aborted, not including autopsies. Abortion trafficking is a misdemeanor of the first degree.
Oh. Rev. Code Sec. 2919.15
Dismemberment feticide. Stayed by Planned Parenthood v. Yost
Oh. Rev. Code Sec. 2919.17
Criminalizes abortion after viability, establishes a rebuttable presumption that a fetus of at least 24 weeks is viable.
Oh. Rev. Code Sec. 2919.171
Physicians must report to State on attempted or completed abortions.
Oh. Rev. Code Sec. 2919.123
Unlawful distribution of an abortion-inducing drug. This law requires that only federally certified physicians may administer RU-486 (mifepristone). This law does not regulate Plan B.
How are emergency contraceptive pills different from the abortion pill (Mifeprex, also referred to as RU-486)?
The abortion pill, also known as mifepristone or RU-486 ("medical abortion" or "medication abortion"), is a different drug from ella, Plan B One-Step, Take Action, Next Choice One Dose, My Way and Levonorgestrel Tablets, which are approved for sale as emergency contraception in the United States. Emergency contraceptive pills (also called “morning after pills" or "day after pills") prevent pregnancy primarily, or perhaps exclusively, by delaying or inhibiting ovulation; they do not cause an abortion.
Oh. Rev. Code Sec. 2919.201
Abortion after gestational age of 20 weeks is prohibited in most instances, unless it is a medical emergency.
Oh. Rev. Code Sec. 2919.192
Abortion a crime after detection of fetal heartbeat, in most case.
Oh. Rev. Code Sec. 2919.19
Definitions relating fetal heartbeat bill.
Oh. Rev. Code Sec. 2919.193
Immunity of pregnant woman.

Executive Order 2021-04D
Gov. DeWine signed this order in April of 2021 concerning the disposal of abortion remains, stating that it was an emergency and he could bypass normal rulemaking.

Current civil laws that are in effect

Oh. Rev. Code Sec. 9.04(A)(1)
"Nontherapeutic abortion" means an abortion that is performed or induced when the life of the mother would not be endangered if the fetus were carried to term or when the pregnancy of the mother was not the result of rape or incest reported to a law enforcement agency.
Oh. Rev. Code Sec. 9.041
It is the public policy of the state of Ohio to prefer childbirth over abortion to the extent that is constitutionally permissible.
Oh. Rev. Code Sec. 2305.11
A civil action for unlawful abortion has a statute of limitations of one year.
Oh. Rev. Code Sec. 2317.56
Information that must be provided before abortion procedure.
Oh. Rev. Code Sec. 2701.15
No person shall be ordered by a court to submit to an abortion.
Oh. Rev. Code Sec. 3701.034
Violence against Women Act funds cannot be used to perform nontherapeutic abortions.
Oh. Rev. Code Sec. 3701.511
The director of health shall adopt rules relating to abortions, post-abortion procedures, pathology reports, disposition of remains, and counseling.
Oh. Rev. Code Sec. 3701.79
What must be included in physician, hospital, and department abortion reports.
Oh. Rev. Code Sec. 3701.791
This warning must be posted at an abortion clinic:
"NO ONE CAN FORCE YOU TO HAVE AN ABORTION.
NO ONE -- NOT A PARENT, NOT A HUSBAND, NOT A BOYFRIEND -- NO ONE
Oh. Rev. Code Sec. 3702.303
Ambulatory surgical facilities in Ohio must have a written transfer agreement with a hospital to facilitate treatment in the event of an emergency or an urgent complication beyond the capability of the facility. Found unconstitutional by Capital Care Network of Toledo v. ODH, 2018 Ohio 440. However, this case upheld the similar Ohio Administrative Code section 3701-83-19.
Oh. Rev. Code Sec. 3727.60
Prohibitions for public hospitals regarding nontherapeutic abortions.
Oh. Rev. Code Sec. 3901.87
No qualified health plan shall provide coverage for a nontherapeutic abortion.
Oh. Rev. Code Sec. 4723.44(B)(6)
No nurse shall perform an abortion or prescribe medications to induce and abortion.
Oh. Rev. Code Sec. 4730.02
No physician's assistant shall perform an abortion or prescribe medications to induce an abortion.
Oh. Rev. Code Sec. 4731.22
Disciplinary actions against doctors.
Oh. Rev. Code Sec. 4731.91
No hospital or doctor is required to perform an abortion.
Oh. Rev. Code Sec. 4743.10
Freedom to decline to provide health care for conscience-based objections.
Oh. Rev. Code Sec. 5101.56
State or local funds cannot only be used to pay for abortions in narrow circumstances.
Oh. Rev. Code Sec. 5101.57
Use of public facilities for nontheurapeutic abortions prohibited.