2919.193.
Determination of detectable fetal heartbeat; penalties
| (A) |
Except as provided in division (B) of this section, no
person shall knowingly and purposefully perform or induce an abortion on a
pregnant woman before determining in accordance with division (A) of section
2919.192
of the Revised Code whether the unborn human individual the pregnant woman is
carrying has a detectable heartbeat. Whoever violates this division is guilty of performing or
inducing an abortion before determining whether there is a detectable fetal
heartbeat, a felony of the fifth degree. A violation of this division may also
be the basis of either of the following:
| (1) |
A civil action for compensatory and exemplary
damages; |
| (2) |
Disciplinary action under section
4731.22
of the Revised Code. |
|
| (B) |
Division (A) of this section does not apply to a
physician who performs or induces the abortion if the physician believes that a
medical emergency, as defined in section
2919.16
of the Revised Code, exists that prevents compliance with that
division. |
| (C) |
A physician who performs or induces an abortion on a
pregnant woman based on the exception in division (B) of this section shall
make written notations in the pregnant woman's medical records of both of the
following:
| (1) |
The physician's belief that a medical emergency
necessitating the abortion existed; |
| (2) |
The medical condition of the pregnant woman that
assertedly prevented compliance with division (A) of this section. For at least seven years from the date the notations are
made, the physician shall maintain in the physician's own records a copy of the
notations.
|
|
| (D) |
A person is not in violation of division (A) of this
section if the person acts in accordance with division (A) of section
2919.192
of the Revised Code and the method used to determine the presence of a fetal
heartbeat does not reveal a fetal heartbeat. |
Cite as (Casemaker) R.C. § 2919.193
History. Added by
133rd General Assembly File No. 2, SB 23, §1,
eff.
7/11/2019.