Ohio § 2919.193 Determination of detectable fetal heartbeat; penalties

Ohio Statutes

§ 2919.193 — Determination of detectable fetal heartbeat; penalties

Ohio § 2919.193

Title 29Crimes-Procedure

Ch. 2919Offenses Against the Family

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Bluebook

Ohio Rev. Code Ann. § 2919.193 (2026).

Text

(A)Except as provided in division (B) of this section, no person shall knowingly and purposefully perform or induce an abortion on a pregnant woman before determining in accordance with division (A) of section2919.192of the Revised Code whether the unborn human individual the pregnant woman is carrying has a detectable heartbeat. Whoever violates this division is guilty of performing or inducing an abortion before determining whether there is a detectable fetal heartbeat, a felony of the fifth degree. A violation of this division may also be the basis of either of the following:

(1)A civil action for compensatory and exemplary damages;

(2)Disciplinary action under section4731.22of the Revised Code.

(B)Division (A) of this section does not apply to a physician who performs or induc

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(A) Except as provided in division (B) of this section, no person shall knowingly and purposefully perform or induce an abortion on a pregnant woman before determining in accordance with division (A) of section2919.192of the Revised Code whether the unborn human individual the pregnant woman is carrying has a detectable heartbeat.

Whoever violates this division is guilty of performing or inducing an abortion before determining whether there is a detectable fetal heartbeat, a felony of the fifth degree. A violation of this division may also be the basis of either of the following:

(1) A civil action for compensatory and exemplary damages;

(2) Disciplinary action under section4731.22of the Revised Code.

(B) Division (A) of this section does not apply to a physician who performs or induces the abortion if the physician believes that a medical emergency, as defined in section2919.16of the Revised Code, exists that prevents compliance with that division.

(C) A physician who performs or induces an abortion on a pregnant woman based on the exception in division (B) of this section shall make written notations in the pregnant woman's medical records of both of the following:

(1) The physician's belief that a medical emergency necessitating the abortion existed;

(2) The medical condition of the pregnant woman that assertedly prevented compliance with division (A) of this section.

For at least seven years from the date the notations are made, the physician shall maintain in the physician's own records a copy of the notations.

(D) A person is not in violation of division (A) of this section if the person acts in accordance with division (A) of section2919.192of the Revised Code and the method used to determine the presence of a fetal heartbeat does not reveal a fetal heartbeat.