2006 Ohio Revised Code - 2919.17. Terminating or attempting to terminate human pregnancy after viability.

§ 2919.17. Terminating or attempting to terminate human pregnancy after viability.
 

(A)  No person shall purposely perform or induce or attempt to perform or induce an abortion upon a pregnant woman if the unborn human is viable, unless either of the following applies: 

(1) The abortion is performed or induced or attempted to be performed or induced by a physician, and that physician determines, in good faith and in the exercise of reasonable medical judgment, that the abortion is necessary to prevent the death of the pregnant woman or a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman. 

(2) The abortion is performed or induced or attempted to be performed or induced by a physician and that physician determines, in good faith and in the exercise of reasonable medical judgment, after making a determination relative to the viability of the unborn human in conformity with division (A) of section 2919.18 of the Revised Code, that the unborn human is not viable. 

(B) (1)  Except as provided in division (B)(2) of this section, no physician shall purposely perform or induce or attempt to perform or induce an abortion upon a pregnant woman when the unborn human is viable and when the physician has determined, in good faith and in the exercise of reasonable medical judgment, that the abortion is necessary to prevent the death of the pregnant woman or a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman, unless each of the following conditions is satisfied: 

(a) The physician who performs or induces or attempts to perform or induce the abortion certifies in writing that that physician has determined, in good faith and in the exercise of reasonable medical judgment, that the abortion is necessary to prevent the death of the pregnant woman or a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman. 

(b) The determination of the physician who performs or induces or attempts to perform or induce the abortion that is described in division (B)(1)(a) of this section is concurred in by at least one other physician who certifies in writing that the concurring physician has determined, in good faith, in the exercise of reasonable medical judgment, and following a review of the available medical records of and any available tests results pertaining to the pregnant woman, that the abortion is necessary to prevent the death of the pregnant woman or a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman. 

(c) The abortion is performed or induced or attempted to be performed or induced in a health care facility that has or has access to appropriate neonatal services for premature infants. 

(d) The physician who performs or induces or attempts to perform or induce the abortion terminates or attempts to terminate the pregnancy in the manner that provides the best opportunity for the unborn human to survive, unless that physician determines, in good faith and in the exercise of reasonable medical judgment, that the termination of the pregnancy in that manner poses a significantly greater risk of the death of the pregnant woman or a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman than would other available methods of abortion. 

(e) The physician who performs or induces or attempts to perform or induce the abortion has arranged for the attendance in the same room in which the abortion is to be performed or induced or attempted to be performed or induced of at least one other physician who is to take control of, provide immediate medical care for, and take all reasonable steps necessary to preserve the life and health of the unborn human immediately upon the unborn human's complete expulsion or extraction from the pregnant woman. 

(2) Division (B)(1) of this section does not prohibit the performance or inducement or an attempted performance or inducement of an abortion without prior satisfaction of each of the conditions described in divisions (B)(1)(a) to (e) of this section if the physician who performs or induces or attempts to perform or induce the abortion determines, in good faith and in the exercise of reasonable medical judgment, that a medical emergency exists that prevents compliance with one or more of those conditions. 

(C)  For purposes of this section, it shall be rebuttably presumed that an unborn child of at least twenty-four weeks of gestational age is viable. 

(D)  Whoever violates this section is guilty of terminating or attempting to terminate a human pregnancy after viability, a felony of the fourth degree. 

(E)  A pregnant woman upon whom an abortion is performed or induced or attempted to be performed or induced in violation of division (A) or (B) of this section is not guilty of an attempt to commit, complicity in the commission of, or conspiracy in the commission of a violation of either of those divisions. 
 

HISTORY: 146 v H 135. Eff 11-15-95.
 

Not analogous to former RC § 2919.17 (RS § 6913; S & C 429; 29 v 144, § 13; GC § 12925; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74.

See provisions, § 4 of HB 135 (146 v  - ) following RC § 2919.16. 

Disclaimer: These codes may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.