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Further,as noted above, O.R.C. 2919.17 (B)(2)explicitly excludes the woman’s mental health as <br />a justifiable exception to the prohibition of an abortion on a post viable unborn child. <br />(2) Any pregnancy termination which involves a viable unborn child shall be performed <br />in a manner which will preserve the life and health of both the mother and the unborn <br />child. Such termination procedures shall provide the maximum opportunity for the <br />survival of the child without creating undue risk to the life of the mother. <br />With the exception of the prohibition on partial birth abortions, Gonzales v. Carhart, 550 U.S. <br />124 (2007), the Supreme Court has not approved any statute that limits the method of abortion <br />that the physician may choose to employ. Colautti v. Franklin, 439 U.S. 379 (1979)(the <br />standard-of care provision, requiring the physician utilize the abortion technique “which would <br />provide the best opportunity for the fetus to be aborted alive so long as a different technique <br />would not be necessary in order to preserve the life or health of the mother” is unconstitutionally <br />vague. 439 U.S., at 397.) <br />Ohio was the first state to pass a partial birth abortion ban in 1995 (which was struck down in <br />1998), and it was the first state to pass a partial birth abortion ban that went into effect in 2004. <br />O.R.C. 2919.151. <br />(c) An unborn child is presumed to be viable if more than twenty-two weeks have elapsed <br />since the probable beginning of the last menstrual period of the pregnant woman, based <br />upon information provided by her and upon an internal examination by her attending <br />physician. <br />Comment: Ohio law now makes the presumption of viability at 20 weeks. O.R.C. 2919.18 (B). <br />(d) In order to ensure the safety and protection of the pregnant woman, no pregnancy <br />termination shall be performed if more than fourteen weeks have elapsed since the <br />probable beginning of the last menstrual period of the pregnant woman, based upon <br />information provided by her and upon an internal examination by her attending <br />physician, unless one of the following conditions is satisfied: <br />(1) The facility is physically attached to a parent hospital which provides for in-patient <br />care, or <br />(2) The facility is physically adjacent to a hospital and has an agreement with such <br />hospital to provide for in-patient care, or <br />(3) The facility has available on its premises resuscitation equipment, a <br />blood bank, adequate equipment and personnel to perform surgical repair for any <br />damage done to the cervix or other organs of the pregnant woman, and an operating <br />area which complies with standard sterile medical procedures. <br />Comment: This section requires access to advanced specialized medical facilities whenever an <br />abortion is performed after the fourteenth week of pregnancy. In regulations of physical access <br />of abortion facilities to hospitals, the Supreme Court has determined that the issue is whether the <br />7 <br /> <br />