Chapter 3701-46 | Disposition of Fetal Remains from a Surgical Abortion

Rule 3701-46-01 | Notification and detachable supplement.

• Effective: January 9, 2022
• Promulgated Under: 119.03

(A) The director will develop and make available a notification form that informs a pregnant woman of the right to determine whether final disposition will be by interment or cremation and the location of the final disposition in accordance with division (A) of section 3726.03 of the Revised Code.

(B) The director will develop and make available a detachable supplemental form to the form described in division (B)(4) of section 2317.56 of the Revised Code. The detachable supplemental form will be used by a pregnant woman to exercise her rights under division (A) of section 3726.03 of the Revised Code. The detachable supplemental form will provide for the following:

(1) Allow a pregnant woman to determine the following:

(a) Whether the disposition of fetal remains will be by interment or cremation;

(b) The location of the disposition of the fetal remains either at a location of the pregnant woman's choosing or a location provided by the abortion facility. Locations for interment provided by the abortion facility will be limited to cemeteries registered pursuant to Chapter 4767. of the Revised Code;

(2) An option allowing the pregnant woman to decline to make a determination on the disposition of the fetal remains;

(3) A place for the signature of the physician who is to perform or induce the abortion; and

(4) A place for a medical identification number for the pregnant woman. The form will not contain a place for the pregnant woman's name or signature.

(C) If a medical emergency or medical necessity prevents the pregnant woman from completing the detachable supplemental form in paragraph (B) of this rule prior to the abortion, the abortion facility will develop a procedure to have the pregnant woman complete it within a reasonable time after the medical emergency or medical necessity has ended.

(D) A detachable supplemental form will be completed for each zygote, blastocyte, embryo or fetus that will be aborted.

(E) An abortion facility will use the notification form and detachable supplemental form developed by the director.

Last updated August 1, 2023 at 2:11 PM

Supplemental Information

Authorized By: 3726.14
Amplifies: 3726.03, 3726.042, 3726.14
Five Year Review Date: 12/30/2026

Rule 3701-46-02 | Consent form for disposition of fetal remains.

• Effective: January 9, 2022
• Promulgated Under: 119.03

(A) The director will develop and make available a consent form as required in division (B)(1) of section 3726.04 of the Revised Code. This form will be used if the pregnant woman is under eighteen years of age, and will include a place for a parent, guardian, or custodian to consent, unless:

(1) The pregnant woman is married; or

(2) The pregnant woman is emancipated.

(B) The consent form is not needed if a pregnant woman who is a minor has an order authorizing her to consent under section 2151.85 of the Revised Code or a court has provided consent pursuant to division (C) of section 2919.121 of the Revised Code. A pregnant woman who is able to provide consent or has obtained consent by the court may exercise her rights under division (A) of section 3726.04 of the Revised Code using the detachable supplement form.

(C) A consent form is to be completed for each zygote, blastocyte, embryo and fetus that will be aborted. A consent form that is for more than one zygote, blastocyte, embryo and fetus is invalid.

(D) If a medical emergency or medical necessity prevents the completion of the form in paragraph (A) of this rule prior to the abortion, the abortion facility will develop a procedure to have the form completed within a reasonable time after the medical emergency or medical necessity has ended.

Last updated August 1, 2023 at 2:11 PM

Supplemental Information

Authorized By: 3726.14
Amplifies: 3726.04, 3726.041, 3726.042, 3726.14
Five Year Review Date: 12/30/2026
Prior Effective Dates: 4/6/2021 (Emer.)