HB 347 — Enact SHE WINS Act

As ReportedPassed by the House Health Committee 136th General Assembly Regular Session H.

Representatives Mathews, A., Craig, Deeter, John, Schmidt, Gross, King, Miller, M., StewartStewart, Barhorst, Bird, Callender, Claggett, Click, Creech, Dovilla, Ferguson, Fowler Arthur, Ghanbari, Hall, T., Hiner, Holmes, Hoops, Johnson, Klopfenstein, Lear, Mathews, T., McClain, Newman, Plummer, Richardson, Ritter, Robb Blasdel, Salvo, Swearingen, Thomas, D., Workman To amend sections 2305.11 and 2307.46 and to enact 1 section 2317.58 of the Revised Code to enact the 2 Share the Health and Empower With Informed 3 Notices (SHE WINS) Act regarding abortion 4 informed consent.

(A) An action for libel, slander, malicious 9 prosecution, or false imprisonment, an action for malpractice 10 other than an action upon a medical, dental, optometric, or 11 chiropractic claim, an action for legal malpractice against an 12 attorney or a law firm or legal professional association, or an 13 action upon a statute for a penalty or forfeiture shall be 14 commenced within one year after the cause of action accrued, 15 provided that an action by an employee for the payment of unpaid 16 minimum wages, unpaid overtime compensation, or liquidated 17 damages by reason of the nonpayment of minimum wages or overtime 18 compensation shall be commenced within two years after the cause 19 H.

347 Page 2 As ReportedPassed by the House Healthdamages Committeeby reason of the nonpayment of minimum wages or overtime 18 compensation shall be commenced within two years after the cause 19 of action accrued.

(A) In any civil action based on or related 46 to any injury, death, or loss to person or property suffered as 47 a result of the performance or inducement of an abortion or 48 suffered as a result of an attempt to perform or induce an 49 H.

347 Page 3 As ReportedPassed by the House Healtha Committeeresult of the performance or inducement of an abortion or 48 suffered as a result of an attempt to perform or induce an 49 abortion, the woman upon whom the abortion was allegedly 50 performed, induced, or attempted, at the time of the filing of 51 the complaint in the civil action, may file a motion with the 52 court requesting that her identity only be revealed to the 53 defendant and to the court and that in all other respects the 54 civil action be conducted in a manner that maintains her 55 confidentiality.

76 (2) "Complication" means any adverse physical or 77 psychological condition arising from the performance or 78 H.

347 Page 4 As ReportedPassed by the House Health(2) Committee"Complication" means any adverse physical or 77 psychological condition arising from the performance or 78 inducement of an abortion the state medical board may specify in 79 rules adopted under this section, including the following:

104 (b) Except as provided in division (A)(5)(d) of this 105 section,H. in the case of the woman's death, any of the following 106 individuals:

107 H.

347 Page 5 As ReportedPassed by the House Healthsection, Committeein (i)the Thecase deceasedof the woman's estate;death, any of the following 106 individuals:

107 (i) The deceased woman's estate;

131 (6) "Medical emergency" means a condition which, based on 132 the physician's reasonable medical judgment, so complicates a 133 pregnant woman's medical condition as to necessitate the 134 immediate separation of the mother and her unborn child to 135 prevent the death of the pregnant woman or a serious risk of the 136 H.

347 Page 6 As ReportedPassed by the House Healthimmediate Committeeseparation of the mother and her unborn child to 135 prevent the death of the pregnant woman or a serious risk of the 136 substantial and irreversible impairment of a major bodily 137 function of the pregnant woman.

155 (1) At least twenty-four hours prior to the performance or 156 inducement of the abortion, a physician meets with the pregnant 157 woman, in person, by telephone, or by virtual meeting, in a 158 manner that protects the pregnant woman's privacy and the 159 confidentiality of her decision, ensures the provided 160 information focuses on her individual circumstances and her 161 ability to understand the provided information, gives her an 162 adequate opportunity to ask questions about the abortion that 163 willH. be performed or induced, and provides her with complete, 164 accurate, and satisfactory answers to her questions.

165 H.

347 Page 7 As ReportedPassed by the House Healthwill Committeebe Furthermore,performed ator thisinduced, meeting,and theprovides physicianher shallwith informcomplete, the164 166accurate, pregnant woman and documentsatisfactory ofanswers allto ofher thequestions. following:

165 Furthermore, at this meeting, the physician shall inform the 166 pregnant woman and document of all of the following:

183 (2) At least twenty-four hours prior to the performance or 184 inducement of the abortion, the physician who is to perform or 185 induce the abortion or the physician's qualified agent does each 186 of the following verbally, in person, by telephone, or by 187 virtual meeting, and in writing, by certified mail, return 188 receipt requested, by regular mail evidenced by a certificate of 189 mailing, or by electronic mail to the pregnant woman's correct 190 electronic mail address, and in a manner the pregnant woman 191 understands,H. based on her ability to understand according to her 192 own individual circumstances:

193 H.

347 Page 8 As ReportedPassed by the House Healthunderstands, Committeebased (a)on Informher theability pregnantto womanunderstand ofaccording anyto medicalher assistance192 194own benefitsindividual thatcircumstances: may be available for prenatal care, childbirth, 195 and neonatal care;

193 (a) Inform the pregnant woman of any medical assistance 194 benefits that may be available for prenatal care, childbirth, 195 and neonatal care;

218 (b) She consents to the particular abortion voluntarily, 219 knowingly, intelligently, and without coercion by any person, 220 andH. she is not under the influence of any drug of abuse or 221 alcohol.

222 H.

347 Page 9 As ReportedPassed by the House Healthand Committeeshe (4) Prior to the performance or inducement of the 223 abortion, the physician who is performingnot orunder inducing the 224influence abortion or the physician's agent must receive a copy of theany 225drug pregnant woman's signed form on which she has knowingly and 226 voluntarily provided her informed consent to the abortion and 227 that includes the certification required by division (B)(3) of 228abuse thisor section.221 alcohol.

222 (4) Prior to the performance or inducement of the 223 abortion, the physician who is performing or inducing the 224 abortion or the physician's agent must receive a copy of the 225 pregnant woman's signed form on which she has knowingly and 226 voluntarily provided her informed consent to the abortion and 227 that includes the certification required by division (B)(3) of 228 this section.

The failure of a physician 248 to satisfy the conditions of division (B) of this section prior 249 to performing or inducing an abortion upon a pregnant woman may 250 beH. the basis of both of the following:

251 (1) A civil action for compensatory and exemplary damages 252 H.

347 Page 10 As ReportedPassed by the House Healthbe Committeethe asbasis describedof inboth division (G) of thisthe section;following:

251 (1) A civil action for compensatory and exemplary damages 252 as described in division (G) of this section;

278 (b)H. The court additionally may enter any injunctive or 279 other equitable relief that it considers appropriate.

280 H.

347 Page 11 As ReportedPassed by the House Health(b) CommitteeThe (c)court Notwithstandingadditionally anymay otherenter provisionany ofinjunctive law to the 281 contrary, no court shall award costs or attorney's279 feesother toequitable arelief 282that defendantit inconsiders anappropriate. action brought under this section.

280 (c) Notwithstanding any other provision of law to the 281 contrary, no court shall award costs or attorney's fees to a 282 defendant in an action brought under this section.

305 (e) If the informed consent requirements have not been 306 met, the voluntary consent of the unborn child's mother to the 307 H.

347 Page 12 As ReportedPassed by the House Health(e) CommitteeIf the informed consent requirements have not been 306 met, the voluntary consent of the unborn child's mother to the 307 elective abortion;

If such holding wholly invalidates or renders the provision 332 unenforceable, the provision is severable and does not affect 333 the remainder of the provisions of this section or how the 334 remainder of the provisions in this section apply to any other 335 person not similarly situated or to other, dissimilar 336 H.

347 Page 13 As ReportedPassed by the House Healthremainder Committeeof the provisions in this section apply to any other 335 person not similarly situated or to other, dissimilar 336 circumstances.