Effective: July 11, 2019
Latest Legislation: Senate Bill 23 - 133rd General Assembly
(A) Notwithstanding division (A)(3) of this section, if a person who intends to perform or induce an abortion on a pregnant woman has determined, under section 2919.192 of the Revised Code, that the unborn human individual the pregnant woman is carrying has a detectable heartbeat, the person shall not, except as provided in division (B) of this section, perform or induce the abortion without meeting all of the following requirements and without at least twenty-four hours elapsing after the last of the requirements is met:
(1) The person intending to perform or induce the abortion shall inform the pregnant woman in writing that the unborn human individual the pregnant woman is carrying has a fetal heartbeat.
(2) The person intending to perform or induce the abortion shall inform the pregnant woman, to the best of the person's knowledge, of the statistical probability of bringing the unborn human individual possessing a detectable fetal heartbeat to term based on the gestational age of the unborn human individual the pregnant woman is carrying or, if the director of health has specified statistical probability information pursuant to rules adopted under division (C) of this section, shall provide to the pregnant woman that information.
(3) The pregnant woman shall sign a form acknowledging that the pregnant woman has received information from the person intending to perform or induce the abortion that the unborn human individual the pregnant woman is carrying has a fetal heartbeat and that the pregnant woman is aware of the statistical probability of bringing the unborn human individual the pregnant woman is carrying to term.
(B) Division (A) of this section does not apply if the person who intends to perform or induce the abortion believes that a medical emergency exists that prevents compliance with that division.
(C) The director of health may adopt rules that specify information regarding the statistical probability of bringing an unborn human individual possessing a detectable heartbeat to term based on the gestational age of the unborn human individual. The rules shall be based on available medical evidence and shall be adopted in accordance with section 111.15 of the Revised Code.
(D) This section does not have the effect of repealing or limiting any other provision of the Revised Code relating to informed consent for an abortion, including the provisions in section 2317.56 of the Revised Code.
(E) Whoever violates division (A) of this section is guilty of performing or inducing an abortion without informed consent when there is a detectable fetal heartbeat, a misdemeanor of the first degree on a first offense and a felony of the fourth degree on each subsequent offense.
Structure Ohio Revised Code
Chapter 2919 | Offenses Against the Family
Section 2919.10 | Abortion Related to Finding of Down Syndrome.
Section 2919.101 | Abortion Report.
Section 2919.11 | Abortion Defined.
Section 2919.12 | Unlawful Abortion.
Section 2919.121 | Unlawful Abortion Upon Minor.
Section 2919.122 | Application of Unlawful Abortion on a Minor Law.
Section 2919.123 | Unlawful Distribution of an Abortion-Inducing Drug.
Section 2919.124 | Unlawful Performance of a Drug-Induced Abortion.
Section 2919.14 | Abortion Trafficking.
Section 2919.15 | Dismemberment Abortion.
Section 2919.151 | Partial Birth Feticide.
Section 2919.16 | Post-Viability Abortion Definitions.
Section 2919.17 | Terminating or Attempting to Terminate Human Pregnancy After Viability.
Section 2919.171 | Physician's Report to Department on Attempted or Completed Abortions.
Section 2919.18 | Failure to Perform Viability Testing.
Section 2919.19 | Definitions for Orc Sections 2919.191 to 2919.1910.
Section 2919.191 | Applicability.
Section 2919.192 | Determination of Presence of Fetal Heartbeat.
Section 2919.193 | Determination of Detectable Fetal Heartbeat; Penalties.
Section 2919.194 | Procedures After Detection of Fetal Heartbeat.
Section 2919.195 | Performance of Abortion After Detection of Fetal Heartbeat; Penalty.
Section 2919.196 | Documentation of Reasons for Abortion.
Section 2919.197 | Contraceptives.
Section 2919.198 | Immunity of Pregnant Woman.
Section 2919.199 | Civil Action for Wrongful Death of Unborn Child.
Section 2919.1910 | Joint Legislative Committee on Adoption Promotion and Support.
Section 2919.1912 | Forfeiture for Violations.
Section 2919.1913 | Human Rights and Heartbeat Protection Act.
Section 2919.20 | Definitions.
Section 2919.201 | Abortion After Gestational Age of 20 Weeks.
Section 2919.202 | Report by Physician.
Section 2919.203 | Determination of Gestational Age; Violation.
Section 2919.204 | Ohio Pain-Capable Unborn Child Protection Act Litigation Fund.
Section 2919.205 | Construction of Laws.
Section 2919.21 | Nonsupport or Contributing to Nonsupport of Dependents.
Section 2919.22 | Endangering Children.
Section 2919.222 | Parental Education Neglect.
Section 2919.223 | Child and Family Day-Care Facilities - Definitions.
Section 2919.224 | Misrepresentation Relating to Provision of Child Care.
Section 2919.225 | Disclosure and Notice Regarding Death or Injury of Child in Facility.
Section 2919.226 | Child Day-Care Disclosure Form - Immunity From Prosecution.
Section 2919.227 | Information to Be Provided to Prospective Users - Notice of Death of Child.
Section 2919.23 | Interference With Custody.
Section 2919.231 | Interfering With Action to Issue or Modify Support Order.
Section 2919.24 | Contributing to Unruliness or Delinquency of a Child.
Section 2919.25 | Domestic Violence.
Section 2919.251 | Bail in Certain Domestic Violence Cases.
Section 2919.26 | Motion for and Hearing on Protection Order.
Section 2919.27 | Violating Protection Order.
Section 2919.271 | Evaluation of Mental Condition of Defendant.
Section 2919.272 | Protection Order Issued by Court of Another State.