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9. 503.27 PREGNANCY TERMINATION (a) No pregnancy termination shall be performed unless the attending physician certifies in writing as a part of the patient's medical record that the unborn child is not viable, or unless such termination is necessary to preserve the life or health of the pregnant woman. (b) (1) In order to ensure the safety and protection of the interest of viable unborn children and to guard against misdiagnoses, any pregnancy termination which involves a viable unborn child shall be performed only upon written certifications by the attending physician and one other physician that in their best medical judgment the pregnancy termination is necessary to prevent the death of the pregnant woman or to prevent a grave impairment to her health. Each physician shall further certify in writing the medical indications for such pregnancy termination and the probable health consequences if the pregnancy termination is not performed. Comment: This section prohibits an abortion on unborn children who arenot viable. As such, it parallels O.R.C. 2919.17 Terminating or attempting to terminate human pregnancy after viability, section (A): “No person shall purposely perform or induce or attempt to perform or induce an abortion on a pregnant woman when the unborn child is viable.” In addition, like the Lakewood Ordinance, O.R.C. 2919.17 (C) requires that the physician must certify in writing “that in the physician's good faith medical judgment the unborn child is not viable.” In addition, O.R.C. 2919.18 prohibits abortion after the twentieth week of pregnancy unless through medical tests the physician determines that, “in the physician’s good faith medical judgment, that the unborn child is not viable.” That statute was passed in 2011, and to my knowledge, its constitutionality has not been contested in court. That part of Lakewood Ordinance 503.27 (a) is not in conflict with Ohio state law. However, the health exception in Lakewood Ordinance 503.27 (a) and (b) is broader than what Ohio law allows. Under 503.27 (a) a post viability abortion is prohibited “unless such termination is necessary to preserve the life or health of the pregnant woman.” And 503.27 (b) further defines the “life and health” exception as “the death of the pregnant woman” or “a grave impairment to her health.” O.R.C. 2919.17 (B)(1)(b), on the other hand, declares that an abortion of a post-viable unborn child is permitted if “\[t\]he abortion was necessary to prevent the death of the pregnant woman or a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman.” The language of “death” or “a serious risk of the substantial and irreversible impairment of a major bodily function” has become a very common definition of a health exception in state statutes throughout the country since Planned Parenthood v. Casey, supra. The Court reviewed a Pennsylvania law that included that particular language, and the Court held that the Pennsylvania health exception was constitutional if construed (as the Court of Appeals below had done) to include conditions such as “pre- eclampsia, inevitable abortion, and premature ruptured membrane.” 505 U.S., at 880. Other Ohio statutes on abortion have a similarly limited health exception. See O.R.C. 2919.151(4). 6