608.01 Standards and procedures established.
608.02 Abortion after fetus becomes viable.
608.03 Definitions.
608.04 Preserving life of child born by attempted abortion.
608.05 Failure to perform viability testing.
CROSS REFERENCES
Civil action for nonconsensual abortion - see Ohio R.C. 2305.11
Consensual abortion - see Ohio R.C. 2919.12
Post abortion procedures established by Public Health Council - see Ohio R.C. 3701.341
Hospitals not required to permit - see Ohio R.C. 4731.91
(a) 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 must be met and adhered to:
(1) There shall be written verification by two physicians, one of whom may be the physician performing the abortion, of the diagnosis and duration of pregnancy;
(2) There shall be a 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.
(3) There shall be laboratory procedures as usually required for a hospital admission; including blood type and Rh factor;
(4) There shall be a receiving facility where the patient may be prepared and receive necessary pre-operative medication and observation prior to the procedure;
(5) There shall be an operating room properly equipped to conduct safety the abortion procedure and availability on the premises of adequate blood, oxygen, anesthesia and resuscitation equipment, as well as access to a stand-by ambulance service to handle complications and emergency situations which could occur during the procedure;
(6) There shall be proper anesthesia service administered by a licensed physician;
(7) There shall be a recovery facility staffed with at least one registered nurse in attendance at all times, in which the patient can be observed until she has sufficiently recovered from the anesthetic and can be safely discharged by the physician, with adequate blood transfusion facilities so available that an emergency transfusion can be given in this facility within 30 minutes;
(8) There shall be pre-operative and post-operative psychological counseling by an individual appropriately qualified in the field of psychology;
(9) There shall be written post-operative instruction and arrangements for a post-operative follow-up examination within one month after the abortion; examination by a certified pathologist of all pathological specimens; and the disposal of human remains in a humanitarian, legal and dignified manner;
(10) There shall be adequate permanent records, including reporting to the Director of Public Service of the need for administration of antibiotics, blood transfusion, prolongation of the patient's stay or hospital admission and other complications. The physician performing the abortion shall make a report to the Director of Public Service for each abortion containing a pathological diagnosis, which report shall contain information relative to the estimated age of gestation and the height and weight (in grams) of the fetus. This registry shall be maintained by the Director of Public Service and shall include records by code numbers of the patients who have had an abortion and any complications which resulted;
(11) The usual informed consent, including the operative permit signed by the pregnant woman, shall be obtained;
(12) The external identification and promotion of such facility shall conform to the provisions of the code of ethics of the national professional organizations of those physicians performing services within such facility;
(13) All such facilities shall permit periodic inspection by the Director of Public Service of the City;
(14) The facility shall meet the standards of the Joint Commission on Accreditation of Hospitals which apply to the areas set forth in divisions (a)(1) through (13) of this section.
(b) Whoever violates or fails to comply with this section is guilty of a misdemeanor of the first degree. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(Ord. 1977-20. Passed 3-14-77.)
(a) No person shall perform or participate in the performance or induction of an abortion from and after the point in time when the fetus becomes viable unless such abortion is performed by a physician in a hospital.
(b) Whoever violates this section is guilty of a misdemeanor of the first degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 1977-20. Passed 3-14-77.)
As used in this chapter:
(a) “Physician” means a person licensed to practice medicine and surgery or osteopathic medicine and surgery pursuant to Ohio R. C. 4731.14 or 4731. 29.
(b) “Hospital” means 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.
(Ord. 1977-20. Passed 3-14-77.)
(a) No person shall purposely take the life of a child born by attempted abortion who is alive when removed from the uterus of the pregnant woman.
(b) No person who performs an abortion shall fail to take the measures required by the exercise of medical judgment in light of the attending circumstances to preserve the life of a child who is alive when removed from the uterus of the pregnant woman.
(c) Whoever violates any of the provisions of this section shall be charged with a violation of Ohio R.C. 2913.13.
(Ord. 1977-20. Passed 3-14-77.)
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