Section 3701.59 | Encouragement to seek treatment for drug addiction.
(A) As used in this section:
(1) "Addiction services" and "alcohol and drug addiction services" have the same meanings as in section 5119.01 of the Revised Code.
(2) "Controlled substance" has the same meaning as in section 3719.01 of the Revised Code.
(B) Any of the following health care professionals who attends a pregnant woman for conditions relating to pregnancy before the end of the twentieth week of pregnancy and who has reason to believe that the woman is using or has used a controlled substance in a manner that may place the woman's fetus in jeopardy shall encourage the woman to enroll in a drug treatment program offered by a provider of addiction services or alcohol and drug addiction services:
(1) Physicians authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery;
(2) Registered nurses licensed under Chapter 4723. of the Revised Code, including certified nurse-midwives, clinical nurse specialists, and certified nurse practitioners, and licensed practical nurses licensed under that chapter;
(3) Physician assistants licensed under Chapter 4730. of the Revised Code.
(C) A health care professional is immune from civil liability and is not subject to criminal prosecution with regard to both of the following:
(1) Failure to recognize that a pregnant woman has used or is using a controlled substance in a manner that may place the woman's fetus in jeopardy;
(2) Any action taken in good faith compliance with this section.
Last updated January 27, 2025 at 4:25 PM
Available Versions of this Section
- April 6, 2017 – Senate Bill 319 - 131st General Assembly [ View April 6, 2017 Version ]
- March 20, 2025 – Amended by Senate Bill 196 - 135th General Assembly [ View March 20, 2025 Version ]