231.01 Definitions
231.02 Abortion Performed During First Trimester of Pregnancy
231.03 Abortion Performed During Second Trimester of Pregnancy
231.04 Purposeful Taking of a Fetal Life; Refusals to Perform Abortions
231.05 Experimentation upon a Fetus
231.06 License Required; Application
231.07 Inspection Required for Licensing
231.08 License Fee
231.09 Prohibition Against Issuing Abortion Service License in Local Retail District
231.99 Penalty
Cross-reference:
Unlawful promotion of abortion, CO 609.02
Unlawful promotion of abortion, CO 609.02
Statutory reference:
Abortion manslaughter, RC 2919.13
Abortion trafficking, RC 2919.14
Abortion without informed consent prohibited, RC 2919.12
Abortion manslaughter, RC 2919.13
Abortion trafficking, RC 2919.14
Abortion without informed consent prohibited, RC 2919.12
As used in this chapter:
(a) “Physician” means a doctor licensed to practice medicine by the State of Ohio, whether practicing within or outside a hospital.
(b) “Counselor” means an individual trained in abortion counseling, and who is certified for that purpose by the Director of Public Health and Welfare.
(c) “Abortion” means the termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus.
(d) “Abortion service” means an individual physician, group practice of physicians, clinic, hospital or other firm, agency, institution or organization by whom or under whose auspices and control abortions are performed, whether as a primary service or as an integral part of a broader practice or group of medical services, and his, her or their physical facilities used in the performance of an abortion.
(Ord. No. 1861-A-73. Passed 12-10-73, eff. 12-10-73)
In all cases where termination of a pregnancy is performed by an abortion service during the first trimester of the woman’s pregnancy, the following standards, facilities and procedures must be met, provided and adhered to:
(a) Abortions may only be performed by a physician licensed to practice medicine by the State of Ohio;
(b) Written verification by the attending physician of the diagnosis and duration of pregnancy, indicating the methods used to determine diagnosis and duration of pregnancy;
(c) Availability of pre-operative instructions and counseling by a certified counselor or attending physician;
(d) Recorded pre-operative history and physical examination, particularly directed to identification of pre-existing illnesses or drug sensitivities that may have a bearing on the operative procedures or the anesthesia. Permanent post-operative records shall also be maintained by the physician;
(e) Laboratory procedures including blood type and RH factor and those procedures usually required as a prerequisite for the performance of surgery;
(f) Availability of procedures for prevention of RH sensitization if indicated by blood test;
(g) A receiving facility where the patient may be prepared and receive necessary pre-operative medication and observation prior to the procedure;
(h) Availability on the premises of adequate oxygen, parenteral fluids, anesthesia and resuscitation equipment. There shall also be a written procedure approved by the Director of Public Health and Welfare to deal with emergency situations including transportation to a hospital;
(i) A recovery facility in which the patient can be observed until she has sufficiently recovered from the procedure and anesthesia and can be safely discharged by the physician;
(j) Post-operative instructions and available post-operative counseling;
(k) Examinations by a pathologist of all pathological specimens, and the disposal of human remains in a legal, humanitarian and dignified manner;
(l) The physician performing the abortion must report to the Director or his or her designate, on an abortion report form available from the Director. These forms shall be used for statistical purposes by the Department of Public Health and Welfare and shall not be matters of public record. The name of any specific patient will not be required in the report;
(m) The usual informed consent including the operative permit signed by the pregnant woman indicating her understanding of the availability of pre- operative and post-operative counseling either through the attending physician or, without cost, through the Department.
(Ord. No. 1861-A-73. Passed 12-10-73, eff. 12-10-73)
In all cases where termination of pregnancy is performed by an individual during the second trimester of the woman’s pregnancy the following standards and procedures must be met and adhered to:
(a) Abortions may only be performed by a physician licensed by the State of Ohio and only in an in-patient medical care facility;
(b) Written verification by the attending physician of the diagnosis and duration of pregnancy indicating the method or methods used to determine diagnosis and duration of pregnancy in the physician’s best medical judgment;
(c) Mandatory pre-operative instructions and counseling by the attending physician or a counselor certified by the Director of Public Health and Welfare;
(d) Recorded pre-operative history and physical examination particularly directed to identification of pre-existing or concurrent illnesses or drug sensitivities that may have a bearing on the operative procedure or the anesthesia. Permanent post-operative records shall also be maintained by the physician;
(e) Laboratory procedures as usually required for a hospital admission, including but not limited to blood typing, RH testing, urinalysis (specific gravity, sugar and microscopic examination of sediment) and blood drawn for cross matching;
(f) Availability of procedures for prevention of RH sensitization if indicated by blood test;
(g) A receiving facility where the patient may be prepared and receive necessary pre-operative medication and observation prior to the procedure;
(h) Availability on the premises of adequate parenteral fluids, oxygen, anesthesia and resuscitation equipment. There shall also be a written procedure approved by the Director to deal with any possible emergency situation;
(i) A recovery facility in which the patient can be observed until she has sufficiently recovered from the procedure and the anesthesia, and can be safely discharged by the physician. Adequate blood transfusion facilities must also be available so that an emergency transfusion can be given within thirty (30) minutes;
(j) Post-operative instructions and arrangements for follow-up visits by the woman and available post- operative counseling;
(k) Examination by a pathologist of all pathological specimens, and the disposal of human remains in a legal, humanitarian and dignified manner;
(l) The physician performing the abortion must report to the Director or his or her designate, on an abortion report form available from the Director. These forms shall be used for statistical purposes by the Department of Public Health and Welfare and shall not be matters of public record. The name of any specific person will not be required in the report;
(m) The usual informed consent, including the operative permit signed by the pregnant woman.
(Ord. No. 1861-A-73. Passed 12-10-73, eff. 12-10-73)
(a) There shall be no abortions performed subsequent to viability except where it is necessary in appropriate medical judgment for the preservation of the life or health of the woman.
(b) No person shall purposely take the life of the fetus born alive.
(c) No physician, nurse or other health care personnel shall be required, against his or her conscience, to perform, assist or participate in medical procedures which result in the termination of a pregnancy. The refusal of any person to perform, assist or participate in such medical procedures shall not be a basis for any disciplinary or other recriminatory action against him or her, nor shall he or she be liable to any other person for damages, allegedly arising from such refusal. No hospital, hospital director or governing board of any hospital shall be required to permit the termination of human pregnancies within its institution, and the refusal to permit such procedures shall not be grounds for civil liability to any person, nor a basis for any disciplinary or other recriminatory action against it.
(Ord. No. 1861-A-73. Passed 12-10-73, eff. 12-10-73)
No person, firm or corporation shall engage in, carry on or operate an abortion service in the City unless and until he or she has first obtained a license to engage in, carry on and operate an abortion service. Every applicant for a license shall make an application in writing to the Commissioner of Assessments and Licenses, which application shall set forth and name under which the abortion service is to be operated and the name of every person, firm or corporation having an interest in the license, and the location where the abortion service is to be carried on, and if a corporation, the names and addresses of all corporate officers, and if a partnership, the names and addresses of all partners. Such application shall also cite that all standards, facilities and procedures required by this chapter are in the location stated in the application and ready for use.
(Ord. No. 1861-A-73. Passed 12-10-73, eff. 12-10-73)
The Commissioner of Assessments and Licenses shall refer each application for a license hereunder to the Director of Public Health and Welfare, who shall forthwith make or cause to be made an on-site inspection of the premises, personnel and facilities where the proposed abortion service is to operate. After completing such inspection the Director shall return the application to the Commissioner with his or her approval or disapproval thereon. No license shall be granted by the Commissioner on disapproval of the Director.
(Ord. No. 1861-A-73. Passed 12-10-73, eff. 12-10-73)
The license fee for each abortion service location shall be two hundred dollars ($200.00).
All applications shall be originally accompanied by a fee of sixty dollars ($60.00), which in no event shall be refunded. After the Director of Public Health approves the application, the Commissioner of Assessments and Licenses shall issue a license upon the payment of the balance of the two hundred dollar ($200.00) fee. All licenses shall be for a period of one (1) year and expire on December 31 next following the date of issuance. There shall be no rebate for any lesser time. The license required shall be conspicuously displayed on the premises.
(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)
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