Ohio Bill Prohibiting Abortion if Fetus Has or May Have Down Syndrome (HB 214)

HB 214 prohibits a person from performing, inducing, or attempting to perform or induce an abortion on a pregnant individual who is seeking the abortion because of any of the following:

• a test result indicating Down Syndrome in a fetus;
• a prenatal diagnosis of Down Syndrome in a fetus; or
• any other reason to believe that a fetus has Down syndrome.

Anyone who violates this law would be guilty of a felony of the fourth degree.  A physician may have their medical license revoked by the state medical board and be liable in a civil action if they are found to have violated this provision.

Reporting Requirements

When filling abortion reports, the bill requires a physician to indicate that the attending physician did not have knowledge that the pregnant patient was seeking the abortion , in whole or in part, because of any of the following:

• A test result indicating Down syndrome;
• A prenatal diagnosis of Down syndrome;
• Any other reason to believe that a fetus has Down syndrome.

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Related Legislation

Companion bill to SB 164.

Similar to HB 135, which failed to pass in 2015.

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STATUS

Passed the house on November 1, 2017, by a 64-31 vote.

Passed the senate on December 13, 2017, by a 20-12 vote.

Signed by Gov. John Kasich (R) on December 22, 2017.

Update #1

U.S. District Court Judge Timothy Black issued a preliminary injunction on March 14, 2018, blocking the law from taking effect.

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People

Legal Cases

• Preterm-Cleveland v. Himes