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As used in this chapter:
(a) “Abortion” means the termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus.
(b) “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.
(c) “Counselor” means an individual trained in abortion counseling.
(d) “Hospital” or “medical center” mean the same as defined in the Codified Ordinances and the zoning ordinances of the City.
(e) “Physician” means a doctor licensed to practice medicine by the State of Ohio, whether practicing within or outside a hospital.
(Ord. 3214. Passed 10-6-81; Ord. 3390. Passed 4-19-83.)
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) There must be written verification by the attending physician of the diagnosis and duration of the pregnancy, indicating the method or methods used to determine the diagnosis and the duration of the pregnancy.
(c) Pre-operative instructions and counseling by a counselor or attending physician must be available.
(d) There must be a 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, must be followed.
(f) Procedures for the prevention of RH sensitization, if indicated by blood test, must be available.
(g) There must be a receiving facility where the patient may be prepared and receive necessary pre-operative medication and observation prior to the procedure.
(h) Adequate oxygen, parenteral fluids and anesthesia and resuscitation equipment must be available on the premises. There shall also be a written procedure to deal with emergency situations, including transportation to a hospital.
(i) There must be 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) There must be post-operative instructions and available post-operative counseling.
(k) Examinations by a pathologist of all pathological specimens shall be made.
(l) 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, must be given.
(Ord. 3214. Passed 10-6-81.)
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) There must be written verification by the attending physician of the diagnosis and duration of the pregnancy, indicating the method or methods used to determine the diagnosis and the duration of the pregnancy in the physician's best medical judgment.
(c) There must be mandatory pre-operative instructions and counseling by the attending physician or a counselor.
(d) There must be a 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 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, must be followed.
(f) Procedures for the prevention of RH sensitization, if indicated by blood test, must be available.
(g) There must be a receiving facility where the patient may be prepared and receive necessary pre-operative medication and observation prior to the procedure.
(h) Adequate parenteral fluids, oxygen and anesthesia and resuscitation equipment must be available on the premises. There shall also be a written procedure to deal with any possible emergency situation.
(i) There must be 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 minutes.
(j) There must be post-operative instructions and arrangements for follow-up visits by the woman and available post-operative counseling.
(k) Examinations by a pathologist of all pathological specimens shall be made.
(l) The usual informed consent, including the operative permit signed by the pregnant woman, must be given.
(Ord. 3214. Passed 10-6-81.)
(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 a fetus born alive.
(c) No physician, nurse or other health care person shall be required, against his or her conscience, to perform or assist or participate in medical procedures which result in the termination of a pregnancy. The refusal of any person to perform or 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 pregnancy within its institution, and the refusal to permit such procedures shall not be grounds for civil liability of any person, nor a basis for any disciplinary or other recriminatory action against any such institution or person.
(Ord. 3214. Passed 10-6-81.)
No person, firm or corporation shall engage in, carry on, perform, cause or permit abortions in the City, unless the same are conducted in a hospital or medical center that is duly licensed by the appropriate agencies of the State.
(Ord. 3390. Passed 4-19-83.)
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