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Avon Lake, OH Code of Ordinances
Avon Lake, OH Municipal Utilities Regulations
CHAPTER 810: ABORTION CLINICS
Section
810.01 Definitions
810.02 Standards and procedures
810.03 Failure to perform viability testing
810.04 Abortion of viable fetus
 
810.99 Penalty
§ 810.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   HOSPITAL. A general hospital or a special hospital devoted to gynecology and obstetrics, which is accredited as a hospital by the Joint Commission on Accreditation of Hospitals of the American College of Physicians, The American College of Surgeons, The American Hospital Association and The American Medical Association, or which is accredited as a hospital by The Accreditation Committee of the Office of Hospital Affairs of the American Osteopathic Association.
   PHYSICIAN. A person licensed to practice medicine and surgery or osteopathic medicine and surgery pursuant to R.C. §§ 4731.14 or 4731.29.
(Ord. 7-75, passed 3-24-1975)
§ 810.02 STANDARDS AND PROCEDURES.
   An abortion otherwise permitted by law shall be performed only in a hospital or by a licensed physician in a facility which provides the following standards and procedures, which shall be met and adhered to:
   (a)   Written verification by two physicians, one of whom may be the physician performing the abortion, of the diagnosis of pregnancy and the duration of pregnancy, is required. Both physicians shall be qualified for diagnosis of such condition and shall verify that they have thoroughly examined the patient at least once prior to the performance of the abortion;
   (b)   Recorded pre-operative history and a physical examination, particularly directed to the identification of pre-existing or concurrent illnesses or drug sensitivities that may have a bearing on the operative procedures or the anesthesia are required;
   (c)   Laboratory procedures, as usually required for a hospital admission, including blood type and Rh factor, shall be followed;
   (d)   A receiving facility where the patient may be prepared and receive necessary pre-operative medication and observation prior to the procedure is required;
   (e)   An operating room properly equipped to safely conduct the abortion procedure and the availability on the premises of adequate blood, oxygen, anesthesia, resuscitation equipment and stand-by ambulance service to handle complications and emergency situations which could occur during the procedure, are required;
   (f)   Proper anesthesia service administered by a licensed physician is required;
   (g)   (1)   A recovery facility staffed with at least one registered nurse in attendance at all times, in which the patient shall be observed for a 24-hour post-operative period, and adequate blood transfusion facilities so available that an emergency transfusion can be given in this facility at any time within such 24-hour period, are required.
      (2)   Such facility shall provide pre-operative and post-operative psychological counseling by an individual appropriately qualified in the field of psychology. Written verification of both the pre-operative and post-operative counseling sessions shall be submitted and shall include the patient’s reasons for desiring the abortion and alternatives presented to the patient. Such report shall be kept in the permanent records.
   (h)   Written post-operative instructions shall be given and arrangements for a post-operative follow-up examination within one month after the abortion shall be made. Examination by a certified pathologist of all pathological specimens shall be made and human remains shall be disposed of in a humanitarian, legal and dignified manner;
   (i)   Adequate permanent records, including reports to the County Health Department on the need for administration of antibiotics, blood transfusions, prolongation of a patient’s stay, hospital admission and other complications, shall be made. The physician performing the abortion shall submit to the Department an abortion report form for each abortion, containing a pathological diagnosis of the estimated age of gestation and the height and weight, in grams, of the fetus. This registry shall be maintained by the Department and shall include a record, by code numbers, of the patients who have been aborted and complications which resulted, if any;
   (j)   The usual informed consent, including the operative permit, signed by the pregnant woman and her parents if she is a legal minor, is required;
   (k)   The external identification and promotion of such facility shall conform to the provisions of the code of ethics of the national professional organizations of physicians performing services within such facility;
   (l)   All such facilities shall permit periodic inspections by the County Health Department; and
   (m)   The facility shall meet the standards of the Joint Commission on Accreditation of Hospitals which apply to the areas set forth in divisions (a) through (l) of this section.
(Ord. 7-75, passed 3-24-1975)
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