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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 3701-47 | Abortion

 
 
 
Rule
Rule 3701-47-01 | Definitions.
 

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.

Supplemental Information

Authorized By:
Amplifies:
Five Year Review Date:
Rule 3701-47-02 | Post-abortion procedures.
 

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.

Supplemental Information

Authorized By:
Amplifies:
Five Year Review Date:
Rule 3701-47-03 | Physician abortion reports.
 

(A) In addition to the data reported pursuant to division (C) of 3701.79 of the Revised Code, a physician who performs or induces or attempts to perform or induce an abortion on a woman after the beginning of the twentieth week of gestation shall submit a report on a form prescribed by the department of health with the following information:

(1) Whether the attending physician performed a medical examination of the pregnant woman to determine the gestational age of the unborn child and the viability of the unborn child within forty eight hours before the performance or inducement of the abortion or the attempt to perform or induce the abortion;

(2) Whether or not, in the attending physician's good faith judgment, the unborn child was viable;

(3) The type of testing performed to determine gestational age and viability;

(4) Whether or not a medical emergency existed; and

(5) For abortions performed for which the physician has indicated under paragraph (A)(2) of this rule that the unborn child is viable;

(a) Whether, in the attending physician's good faith judgment and based on the facts known to the physician at the time, the abortion was 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 and if a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman exists, the physician must document the specific nature of such risk;

(b) If the attending physician determined that the abortion was 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, the name of the physician not professionally related to the attending physician who certified in writing that the abortion was 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) If the attending physician determined that the abortion was 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, the method or techniques considered and the reasons for choosing the method or technique employed when performing, inducing or attempting to induce an abortion; and

(d) Whether the abortion was based on a claim or diagnosis that the pregnant woman will engage in conduct that would result in the pregnant woman's death or a substantial and irreversible impairment of a major bodily function of the pregnant woman or on any reason related to the women's mental health.

(B) A physician shall submit the report described in paragraph (A) of this rule to the department of health within fifteen days after the woman is discharged.

(C) A physician who fails to submit the report described in paragraph (A) of this rule more than thirty days after the fifteen-day deadline, shall be subject to a late fee of five hundred dollars for each additional thirty-day period or portion of a thirty-day period the report is overdue.

(D) A physician who is required to submit to the department of health a report under paragraph (A) of this rule and who has not submitted a report or has submitted an incomplete report more than one year following the fifteen-day deadline may, in an action brought by the department of health, be directed by a court of competent jurisdiction to submit a complete report to the department of health within a period of time stated in a court order or be subject to contempt of court.

(E) A physician who fails to comply with the requirements of this rule, other than filing a late report with the department of health, or fails to submit a complete report to the department of health in accordance with a court order is subject to division (B)(41) of section 4731.22 of the Revised Code.

(F) For purposes of this rule, "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.

(G) A physician who, between October 20, 2011 and the effective date of this rule, has performed or induced or attempted to perform or induce an abortion on a woman after the beginning of the twentieth week of gestation shall submit a report to the department of health that includes all of the information the physician is required to certify in writing or determine under sections 2919.17 and 2919.18 of the Revised Code not later than March 1, 2012. A physician may use the forms prescribed by the department of health to submit such reports.

(H) The department of health may require all reports required by section 2919.171 of the Revised Code and this rule to be filed electronically. Until such time as the department of health approves an electronic reporting form, reports shall be submitted on paper forms approved by the department of health.

Supplemental Information

Authorized By: 2919.171
Amplifies: 2919.17, 2919.171, 2919.18
Five Year Review Date: 7/18/2017
Rule 3701-47-04 | Pathological reports.
 

In the event a physician finds cause to have a pathological examination performed, then he shall order and obtain the same.

Supplemental Information

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Amplifies:
Five Year Review Date:
Rule 3701-47-05 | Humane disposition of the product of conception.
 

(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.

Supplemental Information

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Amplifies:
Five Year Review Date:
Rule 3701-47-06 | Counseling.
 

(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.

Supplemental Information

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Amplifies:
Five Year Review Date:
Rule 3701-47-07 | Appropriate methods for determining presence of a fetal heartbeat.
 

(A) As used in this chapter:

(1) "Fetal heartbeat" means cardiac activity or the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac.

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

(3) "Standard medical practice" means the degree of skill, care, and diligence that a physician of the same medical specialty would employ in like circumstances. As applied to the method used to determine the presence of a fetal heartbeat for purposes of section 2919.192 of the Revised Code, "standard medical practice" includes employing the appropriate means of detection depending on the estimated gestational age of the fetus and the condition of the woman and her pregnancy.

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

(5) "Immediately" means no more than sixty minutes prior to the performance or inducement of a surgical abortion and no more than sixty minutes prior to the writing of a prescription for the purposes of performing or inducing a medical abortion.

(B) Any person who intends to perform or induce an abortion on a pregnant woman is obligated to determine whether there is a detectable fetal heartbeat of the unborn human individual the pregnant woman is carrying. The method of determining the presence of a fetal heartbeat is to be consistent with the person's good faith understanding of standard medical practice and meet the following minimum standards:

(1) Any person who intends to perform or induce an abortion on a pregnant woman is obligated to use real-time ultrasound equipment with a transducer of appropriate frequency.

(2) Unless acting in accordance with the medical emergency exception found in division (B) of section 2919.193 of the Revised Code as amended and effective July 11, 2019, immediately prior to performing or inducing an abortion, a person who intends to perform or induce an abortion on a pregnant woman is obligated to determine the presence of a fetal heartbeat by using properly maintained and functioning ultrasound equipment, to give the pregnant woman the option to view or hear the fetal heartbeat, and to include in the pregnant woman's medical record an attestation signed by the pregnant woman that she was given the option to view or hear the fetal heartbeat.

(C) Written notations made by a physician and entered into a pregnant woman's medical record in accordance with division (C) of section 2919.193 of the Revised Code as amended and effective July 11, 2019 are to be typewritten by computer or other legible means when possible. When typewritten notations are not possible, clearly legible handwritten notations in print or block script are permissible.

(D) The person who determines the presence or absence of a fetal heartbeat is obligated to record in the pregnant woman's medical record the estimated gestational age of the unborn human individual, the method used to test for a fetal heartbeat, the date and time of the test, and the results of the test.

(E) The person who determines the presence or absence of a fetal heartbeat is obligated to include the estimated gestational age of the unborn human individual, the method used to test for a fetal heart beat, the date and time of the test, and the results of the test on the confidential abortion report that is filed with the department of health.

Last updated November 3, 2022 at 9:08 AM

Supplemental Information

Authorized By: 2919.192
Amplifies: 2919.192, 2919.193
Five Year Review Date: 11/3/2027
Prior Effective Dates: 6/24/2022 (Emer.), 9/5/2022 (Emer.)