Facts of Life: Ohio laws
RIGHT TO CHOOSE ABORTION — (Ohio Constitution, Section 1, Article 1)
In Preterm Cleveland v. Voinovich, 627 N.E. 2d 570
(the case which found Ohio’s Woman’s Right to Know Law constitutional),
the Tenth Appellate District Court said: “Although Ohio recognizes a
common law right of privacy, Housh v. Peth (1956), 165 Ohio St. 35, it
is not necessary to find a constitutional right of privacy in order to
reach the conclusion that the choice of a woman whether or not to bear a
child is one of the liberties guaranteed by Section 1, Article 1, Ohio
Constitution.” This was not an Ohio Supreme Court decision, and
therefore not the final word on the interpretation of the Ohio
Constitution. However, it probably means that, when Roe v. Wade is
overturned by the U.S. Supreme Court, any attempt in Ohio to prohibit
abortion would be short-circuited until this issue is resolved.
LATE-TERM ABORTION
Abortions are legal in Ohio throughout all nine months
of pregnancy. The 6th Circuit Court of Appeals affirmed a district
court decision which found Ohio’s post-viability laws unconstitutional.
Women’s Medical Professional Corp. v. Voinovich, 130 F 3d 187.
PARTIAL-BIRTH ABORTION — (O.R.C. 2919.151)
On June 28, 2004, Ohio became the first state to have a
ban on partial-birth abortions go into effect since the U.S. Supreme
Court struck down Nebraska’s ban in 2000. In May of 2000, Governor Taft
signed a new law passed by the Ohio legislature. On December 17, 2003,
the majority of a 3-judge panel of the U.S. Court of Appeals for the 6th
Circuit reversed a district court ruling and held that this statute was
constitutional (Women’s Medical Professional Corp. v. Taft, 353 F.3d 436).
The full 6th Circuit denied a petition to rehear the case and the law went
into effect when the plaintiffs decided not to appeal to the Supreme Court.
Ohio’s law does include a health exception approved by the Supreme Court
in Planned Parenthood v. Casey, and it does define partial-birth abortion
more narrowly than the Nebraska law which was struck down in 2000. Ohio was
the first state to pass a ban on partial-birth abortions in 1995, but
that law was declared unconstitutional by the United States Court of
Appeals for the Sixth Circuit in 1997.
(President George W. Bush signed a federal ban on partial birth
abortion in 2003 which was ultimately held up by the U.S. Supreme Court
in 2007 (Gonzales vs. Carhart), making the procedure illegal in all 50
states.)
PARENTAL INVOLVEMENT — (O.R.C. 2919.121)
An unemancipated minor under 18 may not obtain an abortion unless
one of her parents or her guardian has given written consent or she
obtains a court order. (The provisions of this parental consent statute
are now in effect, except for a section preventing additional
judicial bypass requests after a first request had been denied, which
was held unconstitutional by a panel of the U.S. 6th Circuit Court of
Appeals in November 2006 in Cincinnati Women’s Services v. Taft, Case
No. 05-4174.)
INFORMED CONSENT — (O.R.C. 2317.56)
Except in the case of a medical emergency, at least 24
hours prior to an abortion: 1) a doctor must meet in-person with the
woman and inform her of the nature of the procedure, the medical risks
of abortion and childbirth, and the probable gestational age of the
child; and 2) the woman must be told the name of the abortionist and
given state-printed materials describing the development of the unborn
child and listing agencies which can help with her pregnancy and
childbirth. Prior to the abortion, the woman must sign a form consenting
to the abortion. (The requirement that a doctor meet with the woman in
person at least 24 hours before the abortion was upheld by a panel of
the U.S. 6th Circuit Court of Appeals in November 2006 in Cincinnati
Women’s Services v. Taft, Case No. 05-4174. The law is now in effect.)
PREFER CHILDBIRTH OVER ABORTION – (O.R.C. 9.041)
It is the public policy of the state of Ohio to prefer
childbirth over abortion to the extent that is constitutionally
permissible.
FREEDOM OF CONSCIENCE — (O.R.C. 4731.91)
No person may be required to participate in medical procedures which result in abortion.
ABORTION MANSLAUGHTER — (O.R.C. 2919.13)
Prohibits purposely taking the life of or not taking
measures required by medical judgment to preserve the life of a child who
is alive when removed from the woman’s uterus.
FETAL HOMICIDE
All of Ohio’s homicide and assault statutes prohibit actions
which kill or injure another person’s unborn child at any stage
of pregnancy. There are exceptions for legal abortions and actions by
the mother.
PUBLIC FUNDING (O.R.C. 124.85)
Prohibits the use of tax money to pay for state employees’
insurance coverage for nontherapeutic abortions. (O.R.C. 5101.56)
State and local funds cannot be used for an abortion,
except in the case of rape, incest, or to preserve the woman’s life.
(O.R.C. 3702.33) State “genetic services” funds cannot be used to
counsel or refer for an abortion, except in a medical emergency. (O.R.C.
3701.046) State “women health services” funds cannot be used to provide
abortion services and cannot be used to counsel or refer for an
abortion, except in a medical emergency. Programs that receive these
funds must provide services that are physically and financially separate
from abortion-providing and abortion-promoting activities.
PHYSICIAN REQUIREMENT — (O.R.C. 2919.11)
Abortion is the practice of medicine or surgery for
purposes of O.R.C. 4731.41, which means that only licensed physicians
may perform abortions. Nurses (O.R.C. 4723.28) and physician assistants
(O.R.C. 4730.25) are prohibited from “prescribing any drug or device to
perform or induce an abortion, or otherwise performing or inducing an
abortion”.
FETAL EXPERIMENTATION/SALE — (O.R.C. 2919.14)
Prohibits experimenting on or selling the “product of
conception” which is aborted. The sale of “baby parts” is thus
prohibited in Ohio.
FORCED ABORTION — (O.R.C. 2701.15)
Prohibits any court from ordering a woman to have an
abortion. (O.R.C. 5101.55) No person may be ordered to obtain an
abortion by any public agency. Refusal to obtain an abortion cannot be
used to cause the loss of public assistance or other rights or
privileges. (O.R.C. 3701.791) Requires abortion facilities to post a “No
One Can Force You to Have an Abortion” notice that informs women not to
sign a consent form and to tell clinic personnel if they are being
coerced.
ABORTION REPORTING — (O.R.C. 3701.79)
Requires filing a confidential report on each abortion
with the Ohio Department of Health which uses the information to
produce an annual statistical report.
WRONGFUL BIRTH AND WRONGFUL LIFE — (O.R.C. 2305.116)
Prohibits “wrongful birth” and “wrongful life”
lawsuits which are medical claims that allege that a child with a
disability would have been aborted rather than born if a medical
professional had discovered the disability and informed the parents.
RU-486 REGULATION – (O.R.C. 2919.123)
Creates state criminal penalty for providing RU-486
(mifepristone) to another to induce an abortion without complying with
the requirements of federal law governing RU-486. (This law is currently
being challenged in the U.S. 6th Circuit Court of Appeals.)
UMBILICAL CORD BLOOD
Requires the Ohio Department of Health to place
printable information on umbilical cord blood banking and donation on
its website. The Department of Health also will encourage health care
professionals to provide the information to pregnant women. Umbilical
cord blood is an ethical source of stem cells obtained with no risk to
the mother or child. These stem cells have been used to successfully
treat over 70 diseases.
ULTRASOUND VIEWING OPTION – (O.R.C. 2317.561)
Requires that if an ultrasound is to be performed
prior to or during an abortion, the abortionist must provide the woman
an opportunity to view the active ultrasound image of the fetus or
embryo and offer to provide her a physical picture of the image of the
embryo or fetus.
CLINIC REGULATIONS — (Admin. Code sections 3701-83-01 to 22)
The Ohio Department of Health rules regarding “Ambulatory Surgical
Facilities” create personnel and staffing requirements, service
standards including informed consent, building and site requirements,
medical records requirements and allow inspections. (Admin. Code
section 3701-47) Public Health Council regulations cover
human fetal disposal and post-abortion procedures which only apply to
abortions performed after 14 weeks.
ASSISTED SUICIDE – (O.R.C. 3795.01, 3795.02, 3795.03)
Under a law which became effective on March 24, 2003,
assisting a suicide is against the public policy of Ohio. An injunction
may be issued against any person who is preparing to assist a suicide,
in the course of assisting a suicide or who has assisted a suicide.
POWER OF ATTORNEY FOR HEALTH CARE — (O.R.C. 1337.11 - 1337.17)
Ohio has a durable power of attorney for health care
law, which permits an individual to appoint another person to make
medical decisions in the event the patient is unable to do so.
LIVING WILL — (O.R.C. 2133.02)
Ohio law permits an adult to create a declaration (living will)
indicating his or her wishes regarding the use or continuation or
withholding or withdrawal of life-sustaining treatment
when in a terminal condition or permanently unconscious state and can no
longer make informed decisions. O.R.C. 2133.08 and 2133.09 permits a
guardian or certain relatives to authorize the use or continuation or
withholding or withdrawal of life-sustaining treatment when the patient
is in a terminal condition or permanently unconscious state, can no
longer make informed decisions, and does not have a declaration or
durable power of attorney for health care.
PLEASE NOTE: This is only a brief summary of Ohio
statutes, administrative regulations, and case law on selected life
issues. In addition to state law, there are federal laws and rules as
well as local ordinances and regulations.
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