Effective: April 6, 2021
Latest Legislation: Senate Bill 27 - 133rd General Assembly
Not later than ninety days after the effective date of this section , the director of health, in accordance with Chapter 119. of the Revised Code, shall adopt rules necessary to carry out sections 3726.01 to 3726.13 of the Revised Code, including rules that prescribe the following:
(A) The notification form informing pregnant women who seek surgical abortions of the following:
(1) The right to determine final disposition of fetal remains under division (A) of section 3726.03 of the Revised Code;
(2) The available options for locations and methods for the disposition of fetal remains.
(B) The consent form for purposes of section 3726.04 or 3726.041 of the Revised Code;
(C)(1) A detachable supplemental form to the form described in division (B)(4) of section 2317.56 of the Revised Code that meets the following requirements:
(a) Indicates whether the pregnant woman has indicated a preference as to the method of disposition of the fetal remains and the preferred method selected;
(b) Indicates whether the pregnant woman has indicated a preference as to the location of disposition of the fetal remains;
(c) Provides for the signature of the physician who is to perform or induce the abortion;
(d) Provides for a medical identification number for the pregnant woman but does not provide for the pregnant woman's printed name or signature.
(2) If a medical emergency or medical necessity prevents the pregnant woman from completing the detachable supplemental form, procedures to complete that form a reasonable time after the medical emergency or medical necessity has ended.
Structure Ohio Revised Code
Title 37 | Health-Safety-Morals
Chapter 3726 | Disposition of Fetal Remains From Surgical Abortion
Section 3726.01 | Definitions.
Section 3726.02 | Fetal Remains Disposition by Cremation or Interment.
Section 3726.03 | Pregnant Woman Rights for Fetal Remains Disposition.
Section 3726.04 | Exercise of Rights by Adult or Minor Pregnant Woman.
Section 3726.041 | Exercise of Rights Involving Multiple Zygotes, Blastocytes, Embryos, or Fetuses.
Section 3726.042 | Disposition for Each Zygote, Blastocyte, Embryo, or Fetus.
Section 3726.05 | Release of Fetal Remains After Disposition Determination.
Section 3726.09 | Payment of Fetal Remains Disposition Costs.
Section 3726.10 | Fetal Remains Disposition Documented in Pregnant Woman's Medical Records.
Section 3726.11 | Abortion Facility Maintain Documentation of Disposition Date and Method.
Section 3726.12 | Abortion Facility Written Policy and Procedures for Cremation or Interment.
Section 3726.13 | Abortion Facility Maintain List of Disposition Locations.
Section 3726.14 | Rulemaking Authority of Director of Health.
Section 3726.15 | Immunity for Person Burying of Cremating Fetal Remains.
Section 3726.16 | Applicability of Conflicting Laws or Regulations.
Section 3726.95 | Pregnant Women Not Guilty of Crime.
Section 3726.99 | Prohibition and Penalty for Fetal Remains Disposition Compliance Failure.