2006 Ohio Revised Code - 2919.16. Definitions.

§ 2919.16. Definitions.

As used in sections 2919.16 to 2919.18 of the Revised Code: 

(A) "Fertilization" means the fusion of a human spermatozoon with a human ovum. 

(B) "Gestational age" means the age of an unborn human as calculated from the first day of the last menstrual period of a pregnant woman. 

(C) "Health care facility" means a hospital, clinic, ambulatory surgical treatment center, other center, medical school, office of a physician, infirmary, dispensary, medical training institution, or other institution or location in or at which medical care, treatment, or diagnosis is provided to a person. 

(D) "Hospital" has the same meanings as in sections 2108.01, 3701.01, and 5122.01 of the Revised Code. 

(E) "Live birth" has the same meaning as in division (A) of section 3705.01 of the Revised Code. 

(F) "Medical emergency" means a condition that a pregnant woman's physician determines, in good faith and in the exercise of reasonable medical judgment, so complicates the woman's pregnancy as to necessitate the immediate performance or inducement of an abortion in order to prevent the death of the pregnant woman or to avoid a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman that delay in the performance or inducement of the abortion would create. 

(G) "Physician" has the same meaning as in section 2305.113 [2305.11.3] of the Revised Code. 

(H) "Pregnant" means the human female reproductive condition, that commences with fertilization, of having a developing fetus. 

(I) "Premature infant" means a human whose live birth occurs prior to thirty-eight weeks of gestational age. 

(J) "Serious risk of the substantial and irreversible impairment of a major bodily function" means any medically diagnosed condition that so complicates the pregnancy of the woman as to directly or indirectly cause the substantial and irreversible impairment of a major bodily function, including, but not limited to, the following conditions: 

(1) Pre-eclampsia; 

(2) Inevitable abortion; 

(3) Prematurely ruptured membrane; 

(4) Diabetes; 

(5) Multiple sclerosis. 

(K) "Unborn human" means an individual organism of the species homo sapiens from fertilization until live birth. 

(L) "Viable" means the stage of development of a human fetus at which in the determination of a physician, based on the particular facts of a woman's pregnancy that are known to the physician and in light of medical technology and information reasonably available to the physician, there is a realistic possibility of the maintaining and nourishing of a life outside of the womb with or without temporary artificial life-sustaining support. 

HISTORY: 146 v H 135 (Eff 11-15-95); 149 v S 281. Eff 4-11-2003.

Not analogous to former RC § 2919.16 (RS § 2739a; 83 v 80; GC § 12924; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74.

The provisions of § 6 of SB 281 (149 v  - ) read as follows: 

SECTION 6. (A) Sections 1751.67, 2117.06, 2305.11, 2305.15, 2305.234, 2317.02, 2317.54, 2323.56, 2711.21, 2711.22, 2711.23, 2711.24, 2743.02, 2743.43, 2919.16, 3923.63, 3923.64, 3929.71, and 5111.018 of the Revised Code, as amended by this act, and sections 2303.23, 2305.113, 2323.41, 2323.42, 2323.43, and 2323.55 of the Revised Code, as enacted by this act, apply to civil actions upon a medical claim, dental claim, optometric claim, or chiropractic claim in which the act or omission that constitutes the alleged basis of the claim occurs on or after the effective date of this act. 

(B) As used in this section, "medical claim," "dental claim," "optometric claim," and "chiropractic claim" have the same meanings as in section 2305.113 of the Revised Code. 

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