The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation.
Updates may be slower during some times of the year, depending on the volume of enacted legislation.
| Section |
Section 3726.01 | Definitions.
Latest Legislation:
Senate Bill 27 - 133rd General Assembly
As used in this chapter: (A) "Abortion facility" means any of the following in which abortions are induced or performed: (1) Ambulatory surgical facility as defined in section 3702.30 of the Revised Code; (2) Any other facility in which abortion is legally provided. (B) "Cremation" has the same meaning as in section 4717.01 of the Revised Code. (C) "Fetal remains" means the product of human conception that has been aborted. If a woman is carrying more than one zygote, blastocyte, embryo, or fetus, such as in the incidence of twins or triplets, each zygote, blastocyte, embryo, or fetus or any of its parts that is aborted is a separate product of human conception that has been aborted. (D) "Interment" means the burial or entombment of fetal remains.
|
Section 3726.02 | Fetal remains disposition by cremation or interment.
Latest Legislation:
Senate Bill 27 - 133rd General Assembly
(A) Final disposition of fetal remains from a surgical abortion at an abortion facility shall be by cremation or interment. (B) The cremation of fetal remains under division (A) of this section shall be in a crematory facility, in compliance with Chapter 4717. of the Revised Code. (C) As used in this section, "crematory facility" has the same meaning as in section 4717.01 of the Revised Code.
|
Section 3726.03 | Pregnant woman rights for fetal remains disposition.
Latest Legislation:
Senate Bill 27 - 133rd General Assembly
(A) A pregnant woman who has a surgical abortion has the right to determine both of the following regarding the fetal remains: (1) Whether the final disposition shall be by cremation or interment; (2) The location for the final disposition. (B) A pregnant woman who has a surgical abortion shall be provided with a notification form described in division (A) of section 3726.14 of the Revised Code.
|
Section 3726.04 | Exercise of rights by adult or minor pregnant woman.
Latest Legislation:
Senate Bill 27 - 133rd General Assembly
(A)(1) If a pregnant woman desires to exercise the rights under division (A) of section 3726.03 of the Revised Code, she shall make the determination in writing using a form prescribed by the director of health under division (C) of section 3726.14 of the Revised Code. The determination must clearly indicate both of the following: (a) Whether the final disposition will be by cremation or interment; (b) Whether the final disposition will be at a location other than one provided by the abortion facility. (2) If a pregnant woman does not desire to exercise the rights under division (A) of section 3726.03 of the Revised Code, the abortion facility shall determine whether final disposition shall be by cremation or interment. (B)(1) A pregnant woman who is under eighteen years of age, unmarried, and unemancipated shall obtain parental consent from one of the person's parents, guardian, or custodian to the final disposition determination she makes under division (A)(1) of this section. The consent shall be made in writing using a form prescribed by the director under division (B) of section 3726.14 of the Revised Code. (2) The consent under division (B)(1) of this section is not required for a pregnant woman exercising her rights under division (A) of section 3726.03 of the Revised Code if an order authorizing the minor to consent, or the court to consent on behalf of the minor, to the abortion was issued under section 2151.85 or division (C) of section 2919.121 of the Revised Code.
|
Section 3726.041 | Exercise of rights involving multiple zygotes, blastocytes, embryos, or fetuses.
Latest Legislation:
Senate Bill 27 - 133rd General Assembly
(A) A pregnant woman who is carrying more than one zygote, blastocyte, embryo, or fetus, who desires to exercise the rights under division (A) of section 3726.03 of the Revised Code, shall complete one form under division (A)(1) of section 3726.04 of the Revised Code for each zygote, blastocyte, embryo, or fetus that will be aborted. (B) A pregnant woman who obtains parental consent under division (B)(1) of section 3726.04 of the Revised Code shall use one consent form for each zygote, blastocyte, embryo, or fetus that will be aborted.
|
Section 3726.042 | Disposition for each zygote, blastocyte, embryo, or fetus.
Latest Legislation:
Senate Bill 27 - 133rd General Assembly
A form used under section 3726.04 of the Revised Code that covers more than one zygote, blastocyte, embryo, or fetus that will be aborted is invalid.
|
Section 3726.05 | Release of fetal remains after disposition determination.
Latest Legislation:
Senate Bill 27 - 133rd General Assembly
An abortion facility may not release fetal remains from a surgical abortion, or arrange for the cremation or interment of such fetal remains, until it obtains a final disposition determination made, and if applicable, the consent made, under section 3726.04 or 3726.041 of the Revised Code.
|
Section 3726.09 | Payment of fetal remains disposition costs.
Latest Legislation:
Senate Bill 27 - 133rd General Assembly
(A) Except as provided in division (B) of this section, an abortion facility shall pay for and provide for the cremation or interment of the fetal remains from a surgical abortion performed at that facility. (B) If the disposition determination made under division (A)(1) of section 3726.04 or 3726.041 of the Revised Code identifies a location for final disposition other than one provided by the abortion facility, the pregnant woman is responsible for the costs related to the final disposition of the fetal remains at the chosen location.
|
Section 3726.10 | Fetal remains disposition documented in pregnant woman's medical records.
Latest Legislation:
Senate Bill 27 - 133rd General Assembly
An abortion facility shall document in the pregnant woman's medical record the final disposition determination made, and if applicable, the consent made, under section 3726.04 or 3726.041 of the Revised Code.
|
Section 3726.11 | Abortion facility maintain documentation of disposition date and method.
Latest Legislation:
Senate Bill 27 - 133rd General Assembly
An abortion facility shall maintain evidentiary documentation demonstrating the date and method of the disposition of fetal remains from surgical abortions performed or induced in the facility.
|
Section 3726.12 | Abortion facility written policy and procedures for cremation or interment.
Latest Legislation:
Senate Bill 27 - 133rd General Assembly
An abortion facility shall have written policies and procedures regarding cremation or interment of fetal remains from surgical abortions performed or induced in the facility.
|
Section 3726.13 | Abortion facility maintain list of disposition locations.
Latest Legislation:
Senate Bill 27 - 133rd General Assembly
An abortion facility shall develop and maintain a written list of locations at which it provides or arranges for the final disposition of fetal remains from surgical abortions.
|
Section 3726.14 | Rulemaking authority of Director of Health.
Latest Legislation:
Senate Bill 27 - 133rd General Assembly
Not later than ninety days after the effective date of this section , the director of health, in accordance with Chapter 119. of the Revised Code, shall adopt rules necessary to carry out sections 3726.01 to 3726.13 of the Revised Code, including rules that prescribe the following: (A) The notification form informing pregnant women who seek surgical abortions of the following: (1) The right to determine final disposition of fetal remains under division (A) of section 3726.03 of the Revised Code; (2) The available options for locations and methods for the disposition of fetal remains. (B) The consent form for purposes of section 3726.04 or 3726.041 of the Revised Code; (C)(1) A detachable supplemental form to the form described in division (B)(4) of section 2317.56 of the Revised Code that meets the following requirements: (a) Indicates whether the pregnant woman has indicated a preference as to the method of disposition of the fetal remains and the preferred method selected; (b) Indicates whether the pregnant woman has indicated a preference as to the location of disposition of the fetal remains; (c) Provides for the signature of the physician who is to perform or induce the abortion; (d) Provides for a medical identification number for the pregnant woman but does not provide for the pregnant woman's printed name or signature. (2) If a medical emergency or medical necessity prevents the pregnant woman from completing the detachable supplemental form, procedures to complete that form a reasonable time after the medical emergency or medical necessity has ended.
|
Section 3726.15 | Immunity for person burying of cremating fetal remains.
Latest Legislation:
Senate Bill 27 - 133rd General Assembly
A person who buries or cremates fetal remains from a surgical abortion is not liable for or subject to damages in any civil action, prosecution in any criminal proceeding, or professional disciplinary action related to the disposal of fetal remains, if that person does all of the following: (A) Acts in good faith compliance with this chapter and, if applicable, section 4717.271 of the Revised Code; (B) Receives a copy of a properly executed detachable supplemental form described in division (C)(1) of section 3726.14 of the Revised Code; (C) Acts in furtherance of the final disposition of the fetal remains.
|
Section 3726.16 | Applicability of conflicting laws or regulations.
Latest Legislation:
Senate Bill 27 - 133rd General Assembly
Except for the requirements of section 3705.20 of the Revised Code, no conflicting provision of the Revised Code or conflicting procedure of an agency or board shall apply regarding a person who buries or cremates fetal remains in accordance with section 3726.15 of the Revised Code.
|
Section 3726.95 | Pregnant women not guilty of crime.
Latest Legislation:
Senate Bill 27 - 133rd General Assembly
A pregnant woman who has a surgical abortion, the fetal remains from which are not disposed of in compliance with this chapter, is not guilty of committing, attempting to commit, complicity in the commission of, or conspiracy in the commission of a violation of section 3726.99 of the Revised Code.
|
Section 3726.99 | Prohibition and penalty for fetal remains disposition compliance failure.
Latest Legislation:
Senate Bill 27 - 133rd General Assembly
(A) No person shall fail to comply with section 3726.02, 3726.05, 3726.10, or 3726.11 of the Revised Code. (B) Whoever knowingly violates division (A) of this section is guilty of failure to dispose of fetal remains humanely, a misdemeanor of the first degree.
|
