Abortion Laws : Ohio and Federal: Ohio Laws

Criminalizes abortion after when a heartbeat can be detected. No criminal penalties for the mother. Went into effect after the overturning of Roe. On hold because of Pre-Term Cleveland v. Yost.

AG goes to Ohio Supreme Court to overturn preliminary injunction on heartbeat bill 1/3/23

Whoever recklessly causes the unlawful termination of another's pregnancy violates is guilty of reckless homicide, a felony of the third degree.

Exceptions from liability

Abortion defined.

Abortion of down syndrome fetus prohibited.

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.

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.

Dilation and extraction abortions are a crime when not necessary, in reasonable medical judgment, to preserve the life or physical health of the mother as a result of the mother's life or physical health being endangered by a serious risk of the substantial and irreversible physical impairment of a major bodily function.

Criminalizes abortion after viability, establishes a rebuttable presumption that a fetus of at least 24 weeks is viable.

Physicians must report to State on attempted or completed abortions.

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.

Abortion after gestational age of 20 weeks is prohibited in most instances, unless it is a medical emergency.

Abortion a crime after detection of fetal heartbeat, in most case.

Definitions relating fetal heartbeat bill.

Immunity of pregnant woman.

Ohio Capital Journal 12/13/22

Dave Yost wrote this before Issue 1 passed.

Yahoo News 4/19/23

The Interstate Licensure Medical Licensure Compact may help Ohio doctors prescribe abortion pills.

American J. of Obstetrics and Gynecology, Research Letter 6/25/22

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.

"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.

It is the public policy of the state of Ohio to prefer childbirth over abortion to the extent that is constitutionally permissible. Prohibits state workers' health insurance from covering abortion, unless the mother's life is in danger.

A civil action for unlawful abortion has a statute of limitations of one year.

Information that must be provided before abortion procedure.

No person shall be ordered by a court to submit to an abortion.

Requires medical personnel to discuss and offer options for emergency contraception (Plan B) with survivors of sexual assault.

Violence against Women Act funds cannot be used to perform nontherapeutic abortions.

None of the funds appropriated to administer the programs authorized by sections 3701.501 and 3701.502 of the Revised Code shall be used to counsel or refer for abortion, except in the case of a medical emergency.

What must be included in physician, hospital, and department abortion reports.

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

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.

Prohibitions for public hospitals regarding nontherapeutic abortions.

No qualified health plan shall provide coverage for a nontherapeutic abortion.

No nurse shall perform an abortion or prescribe medications to induce and abortion.

No physician's assistant shall perform an abortion or prescribe medications to induce an abortion.

The Interstate Medical Licensure Compact (IMLCC), which the state officially joined in the summer of 2021, streamlines the licensing process for doctors who want to practice in multiple states.

Disciplinary actions against doctors.

No hospital or doctor is required to perform an abortion.

Freedom to decline to provide health care for conscience-based objections.

State or local funds cannot only be used to pay for abortions in narrow circumstances.

Use of public facilities for nontheurapeutic abortions prohibited.