(a) (1) Except as provided in division (a)(3) of this section, no physician shall perform or induce or attempt to perform or induce an abortion upon a pregnant woman after the beginning of her twenty-second week of pregnancy unless, prior to the performance or inducement of the abortion or the attempt to perform or induce the abortion, the physician determines, in good faith and in the exercise of reasonable medical judgment, that the unborn human is not viable, and the physician makes that determination after performing a medical examination of the pregnant woman and after performing or causing the performing of gestational age, weight, lung maturity or other tests of the unborn human that a reasonable physician making a determination as to whether an unborn human is or is not viable would perform or cause to be performed.
(2) Except as provided in divisions (a)(3) of this section, no physician shall perform or induce or attempt to perform or induce an abortion upon a pregnant woman after the beginning of her twenty-second week of pregnancy without first entering the determination described in division (a)(1) of this section and the associated findings of the medical examination and tests described in that division in the medical record of the pregnant woman.
(3) Divisions (a)(1) and (a)(2) of this section do not prohibit a physician from performing or inducing or attempting to perform or induce an abortion upon a pregnant woman after the beginning of her twenty- second week of pregnancy without making the determination described in division (a)(1) of this section or without making the entry described in divisions (a)(2) of this section if a medical emergency exists.
(b) Whoever violates this section is guilty of failure to perform viability testing, a misdemeanor of the fourth degree.
(ORC 2919.18)