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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.)
(a) Except in a medical emergency that prevents compliance with this division, no physician shall perform or induce or attempt to perform or induce an abortion on a pregnant woman after the beginning of the twentieth week of gestation unless, prior to the performance or inducement of the abortion or the attempt to perform or induce the abortion, the physician determines, in the physician’s good faith medical judgment, that the unborn child is not viable, and the physician makes that determination after performing a medical examination of the pregnant woman and after performing or causing to be performed those tests for assessing gestational age, weight, lung maturity, or other tests that the physician, in that physician’s good faith medical judgment, believes are necessary to determine whether an unborn child is viable.
(b) Except in a medical emergency that prevents compliance with this division, no physician shall perform or induce or attempt to perform or induce an abortion on a pregnant woman after the beginning of the twentieth week of gestation without first entering the determination made in division (a) of this section and the associated findings of the medical examination and tests in the medical record of the pregnant woman.
(c) Whoever violates this section is guilty of failure to perform viability testing, a misdemeanor of the fourth degree.
(d) The State Medical Board shall suspend a physician’s license to practice medicine in this state for a period of not less than six months if the physician violates this section.
(ORC 2919.18)