2011 Ohio Revised Code
Title [29] XXIX CRIMES - PROCEDURE
Chapter 2919: OFFENSES AGAINST THE FAMILY
2919.18 [Repealed Effective 10/20/2011] Failure to perform viability testing.
(A)(1) Except as provided in division (A)(3) of this section, no physician shall perform or induce or attempt to perform or induce an abortion upon a pregnant woman after the beginning of her twenty-second week of pregnancy unless, prior to the performance or inducement of the abortion or the attempt to perform or induce the abortion, the physician determines, in good faith and in the exercise of reasonable medical judgment, that the unborn human is not viable, and the physician makes that determination after performing a medical examination of the pregnant woman and after performing or causing the performing of gestational age, weight, lung maturity, or other tests of the unborn human that a reasonable physician making a determination as to whether an unborn human is or is not viable would perform or cause to be performed.
(2) Except as provided in division (A)(3) of this section, no physician shall perform or induce or attempt to perform or induce an abortion upon a pregnant woman after the beginning of her twenty-second week of pregnancy without first entering the determination described in division (A)(1) of this section and the associated findings of the medical examination and tests described in that division in the medical record of the pregnant woman.
(3) Divisions (A)(1) and (2) of this section do not prohibit a physician from performing or inducing or attempting to perform or induce an abortion upon a pregnant woman after the beginning of her twenty-second week of pregnancy without making the determination described in division (A)(1) of this section or without making the entry described in division (A)(2) of this section if a medical emergency exists.
(B) Whoever violates this section is guilty of failure to perform viability testing, a misdemeanor of the fourth degree.
Repealed by 129th General Assembly File No. 45, HB 78, § 2, eff. 10/20/2011.
Effective Date: 11-15-1995
This section is set out twice. See also § 2919.18, as added by 129th General Assembly File No. 45, HB 78, § 1, eff. 10/20/2011.
2919.18 [Effective 10/20/2011] Failure to perform viability testing
(A) Except in a medical emergency that prevents compliance with this division, no physician shall perform or induce or attempt to perform or induce an abortion on a pregnant woman after the beginning of the twentieth week of gestation unless, prior to the performance or inducement of the abortion or the attempt to perform or induce the abortion, the physician determines, in the physician’s good faith medical judgment, that the unborn child is not viable, and the physician makes that determination after performing a medical examination of the pregnant woman and after performing or causing to be performed those tests for assessing gestational age, weight, lung maturity, or other tests that the physician, in that physician’s good faith medical judgment, believes are necessary to determine whether an unborn child is viable.
(B) Except in a medical emergency that prevents compliance with this division, no physician shall perform or induce or attempt to perform or induce an abortion on a pregnant woman after the beginning of the twentieth week of gestation without first entering the determination made in division (A) of this section and the associated findings of the medical examination and tests in the medical record of the pregnant woman.
(C) Whoever violates this section is guilty of failure to perform viability testing, a misdemeanor of the fourth degree.
(D) The state medical board shall suspend a physician’s license to practice medicine in this state for a period of not less than six months if the physician violates this section.
Added by 129th General Assembly File No. 45, HB 78, § 1, eff. 10/20/2011.
This section is set out twice. See also § 2919.18, effective until 10/20/2011.
