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Ohio Laws and Rules
As used in rules 3701-47-01 to 3701-47-07 of the Ohio Sanitary Code;
(A) “Abortion” means, as defined by section 2919.11 of the Revised Code, the purposeful termination of a human pregnancy by any person, including the pregnant woman herself, with an intention other than to produce a live birth or to remove a dead fetus or embryo. Abortion is the practice of medicine or surgery for the purpose of section 4731.41 of the Revised Code.
(B) “Conceptus” means the product of human conception.
(C) “Department” means the department of health of the state of Ohio.
(D) “Director” means the director of health of the state of Ohio.
(E) “Fetus” means the developing conceptus from fourteen (14) weeks after the first day of the woman’s last menstrual period until birth.
(F) “Gestation” means pregnancy.
(G) “Hospital” means any building, structure, institution, or place devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment, and medical or surgical care for three or more non-related individuals, suffering from illness, disease, injury or deformity, and regularly making available at least clinical laboratory services, and diagnostic X-ray services and treatment facilities for surgery or obstetrical care, or other definitive medical treatment. It does not include a “home” as defined in sec. 3721.01 of the Revised Code.
(H) “Pathologist” means a physician licensed to practice in Ohio with special training in the pathology of tissues.
(I) “Post-abortion care” means care given after the uterus has been evacuated by abortion.
R.C. 119.032 review dates: 01/07/2009 and 01/07/2014
Promulgated Under: 119.03
Statutory Authority: 3701.341
Rule Amplifies: 3701.341
Prior Effective Dates: 9/1/1975
In all abortions upon a woman whose conceptus, in the best judgment of the attending physician, is a fetus as defined in rule 3701-47-01, the physician shall effect compliance with the following:
(A) Immediate post-abortion care shall be provided in a hospital.
(B) Written and oral discharge instructions shall be issued to each woman which shall include, but not be limited to, the following:
(1) Symptoms of complications to be looked for and recommended response to any such symptoms;
(2) Activities to be avoided;
(3) Notification of a 24-hour emergency service;
(4) Comprehensive birth control information;
(5) The date for follow-up or return visit after the performance of the abortion, which shall be scheduled as indicated by the condition of the patient and instructions on the importance of a follow-up visit;
(6) Use of appropriate medications, when indicated;
(7) Instructions about the care of her body.
(C) Information regarding Rh typing of the patient’s blood shall be a part of the patient’s medical record. Anti-Rh immune globulin therapy shall be given to all Rh negative patients upon completion of the abortion procedure when medically indicated, except when refused by the patient. If for any reason a patient refuses this therapy, the refusal shall be documented in the clinical record.
R.C. 119.032 review dates: 01/07/2009 and 01/07/2014
Promulgated Under: 119.03
Statutory Authority: 3701.341
Rule Amplifies: 3701.341
Prior Effective Dates: 9/1/1975
Rescinded eff 12-18-06
In the event a physician finds cause to have a pathological examination performed, then he shall order and obtain the same.
R.C. 119.032 review dates: 01/07/2009 and 01/07/2014
Promulgated Under: 119.03
Statutory Authority: 3701.341
Rule Amplifies: 3701.341
Prior Effective Dates: 9/1/1975
(A) The fetus shall be disposed of in a humane manner.
(B) No person shall experiment upon or sell the product of human conception which is aborted. Experiment does not include autopsies pursuant to sections 313.13 and 2108.50 of the Revised Code.
R.C. 119.032 review dates: 01/07/2009 and 01/07/2014
Promulgated Under: 119.03
Statutory Authority: 3701.341
Rule Amplifies: 3701.341
Prior Effective Dates: 9/1/1975
(A) The fact of the availability of both pre-abortion and post-abortion counseling for herself and other persons of her choosing shall be made known by the physician, to each woman who is seeking the abortion of a fetus.
(B) Counseling shall be non-judgmental, regardless of the circumstances of the pregnancy, but shall not be forced upon the woman.
(C) The woman shall be treated in a safe, humane and dignified manner during the counseling period and throughout her stay at the place where the abortion is performed.
R.C. 119.032 review dates: 01/07/2009 and 01/07/2014
Promulgated Under: 119.03
Statutory Authority: 3701.341
Rule Amplifies: 3701.341
Prior Effective Dates: 9/1/1975