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result will be an “undue burden” on the woman seeking an abortion. Whole Woman's Health v. <br />Hellerstedt, 136S.Ct. 2292 (Law requiring physicians to have admitting privileges to hospitals <br />within 30 miles of abortion facility place substantial burden on women seeking abortions). <br />However, sections (1) and (2) regarding physical proximity to a hospital now seem to be <br />inapplicable as Lakewood no longer has a hospital facility. <br />The remaining alternative operative section (3) requires certain medical and surgical resources to <br />the present in the facility in case of a need for immediate resuscitation or surgical repair. Such <br />requirements seem reasonable and not onerous. Nor do they conflict with the provisions for <br />emergency transportation and treatment in section 503.17 if further medical care is required. <br />10. 503.28 INFORMED CONSENT <br />Comment: The Supreme Court and lower federal courts have, in the main, upheld extensive <br />informed consent requirements so long as the information provided to the woman is either <br />scientifically objective or regarded as “government speech.” Planned Parenthood v. Casey <br />explicitly approved such procedures. Similarly, a 24 hour waiting period is modest and has been <br />approved by courts for decades. <br />Extensive informed consent requirements are also delineated in O.R.C. 2317.56, as well as a 24 <br />hour waiting period. <br />11. 503.29 MINORS; NOTICE AND/OR CONSENT <br />Comment: The provisions for notice to parents or guardians of minors and of consent with a <br />judicial bypass are standard regulations and have been in place around the country for decades. <br />O.R.C. 2919.121 establishes parallel requirements. <br />12. 503.30 SPOUSAL NOTICE <br />In any case of surgery which may affect either the present or future reproductive <br />capability of a married person, the spouse of such person shall be given twenty-four <br />hours actual notice prior to the performance of the surgery as to such person's intention <br />to undergo the surgery, unless the attending physician certifies in writing that the surgery <br />is necessary as an emergency procedure to preserve the life of the married person, and in <br />such case, the spouse of such person shall be informed as soon as practicable about the <br />surgery. <br />503.31 PATERNAL NOTICE. <br />(a) No person shall perform or induce a pregnancy termination upon a pregnant woman <br />without first having given twenty-four hours actual notice to the expectant father of the <br />unborn child as to the intention to perform such pregnancy termination. <br />8 <br /> <br />