Ohio Fetal Heartbeat Abortion Ban (SB 23)

SB 23 prohibits a physician from performing or inducing an abortion on a pregnant person if it has been determined that the fetus has a detectable heartbeat.

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A fetal heartbeat can be detected as early as six weeks of pregnancy—two weeks after a person’s first missed period—and well before many people even realize that they are pregnant.

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Detection

The bill prohibits a physician from performing an abortion without first determining whether the fetus has a detectable heartbeat.

A physician may perform an abortion only in cases of medical emergency or if it has been determined that there is no detectable heartbeat.

In the case of a medical emergency, the physician must make a note in the patient’s record of the following:

• The physician’s belief that a medical emergency necessitating the abortion existed;
• The medical condition of the pregnant patient that prevented compliance.

A person who knowingly and purposefully performs or induces an abortion before determining if there is a fetal heartbeat—and absent any medical emergency—would be charged with a felony of the fifth degree.

Heartbeat Detection Informed Consent

The pregnant patient must sign a form acknowledging that they have received information from the person intending to perform or induce the abortion that a fetal heartbeat has been detected and that the pregnant patient is aware of the statistical probability of carrying the fetus to term.

Heartbeat Abortion Ban

The bill prohibits a person from performing or inducing an abortion on a pregnant person when a fetal heartbeat has been detected.

A person who violates the above prohibition would be charged with a felony of the fifth degree.

This does not apply when an abortion is necessary in cases of life endangerment or serious risk of irreversible impairment of the pregnant person.

In the case that a medical procedure is necessary to prevent serious injury or death of the pregnant individual, the physician would need to make a note of such condition in the patient’s record.

Additionally, a physician who performs or induces an abortion on a pregnant patient must do the following:

• If the reason for the abortion is to preserve the health of the pregnant individual, the person would need to specify in a written document the medical condition and rationale for the person’s conclusion that the abortion is necessary; and
• If the reason for the abortion is other than to preserve the health of the pregnant individual, the person would need to specify in a written document that maternal health is not the purpose of the abortion.

Cause of Action

The bill provides for an individual to file a civil action for the wrongful death of their “unborn child” if a physician performs an abortion in violation of this law, performs an abortion without providing the patient with the necessary information described above, or if the patient did not sign the necessary forms.

Adoption Fund

The bill provides for a foster care and adoption initiatives fund.

Roe v. Wade

The bill states that it is the intent of the general assembly that a court judgment or order suspending enforcement of any of the above provisions is not to be regarded as tantamount to repeal of that provision.

The bill provides that upon the issuance of any court order that restores the authority of the states to prohibit abortion, the attorney general may apply to the pertinent state or federal court for either or both of the following:

• A declaration that any one or more sections specified in this law are constitutional;
• A judgment or order lifting an injunction against the enforcement of any one or more sections specified in this law.

If the attorney general fails to apply for the relief within 30 days of such ruling, any county prosecutor would be able to apply to the appropriate state or federal court for such relief.

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Related Legislation

Companion bill to HB 68.

Similar to HB 258 (2018) and HB 493 (2016), which were both vetoed by Gov. John Kasich (R).

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Latest Action

2/12/19 – Introduced

3/13/19 – Passed the Senate by a 19-13 vote.

4/10/19 – Amended; pass the House by a 56-40 vote.

4/10/19 – Concurred in Senate by an 18-13 vote.

4/11/19 – Signed into law by Republican Gov. Mike DeWine.

7/3/19 – U.S. District Court Judge Michael R. Barrett temporarily blocked the ban from taking effect.

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People

Legal Cases

• Preterm v. Yost