Thread by @DSiPaint

I finally got around to reading Ohio’s “Human Rights and Heartbeat Protection Act” & thought I’d share some details on it. If you would like to read the bill, I have provided a link to it. Including amendments, the full bill is only 27 pages. 1/

legislature.ohio.gov/legislation/le…

1. The act has numerous exemptions for the life & health of the mother. These are termed “medical emergency” & “medical necessity”.

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2. There is a 24-hour waiting period between meeting w/ a physician & having the physician conduct the abortion. The initial meeting must include several specific details (shown below) & the mother must be allowed to ask questions.

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2a. “The nature and purpose of the particular abortion procedure to be used and the medical risks associated with that procedure”
2b. “The probable gestational age of the embryo or fetus”
2c. “The medical risks associated with the pregnant woman carrying the pregnancy to term” 4/

3. Prior to the abortion, the mother must sign a form stating:
a. She has received the required information.
b. She voluntarily consents to the procedure & is not under the influence of drugs/alcohol.

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4. The OH Dept of Health will publish comprehensive materials online including
4a. alternatives to abortion
4b. both public & private agencies (& their contact info) that “assist her through the pregnancy, upon childbirth, and while the child is dependent”.

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4c. “support obligations of the father of a child who is born alive”
4d. “probable anatomical and physiological characteristics” at 2-week gestational increments for 1st 16 weeks & 4-week gestational increments afterwards, including viability rates

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5. If a physician performs an abortion w/o informing the mother to risks, he/she is open to civil & criminal liability. The mother (or her estate, if she dies as a result of the procedure) can sue the physician.

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6. By Sept 30th each year, the OH DoH will issue a public report of abortion statistics for the previous year. The statistics must respect privacy & draw from data submitted by physicians w/i 15 days of discharging patients.

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Definitions in the Act:
“Conception” = fertilization
“Contraceptive” = drug/device/chemical preventing conception
“Fetus” = expanded to include embryos for textual brevity
“Gestational age” = from 1st day of last period
“Unborn human individual” = Homo sapiens before birth

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It includes provisions nullifying all or parts in event of COTUS amendments or court orders.

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Determination of fetal heartbeat:

“The method of determining the presence of a fetal heartbeat shall be consistent with the [physicians]'s good faith understanding of standard medical practice”

The mother must have the option to view/hear the heartbeat.

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Penalties again a physician violating the Act:

“misdemeanor of the first degree on a first offense and a felony of the fourth degree on each subsequent offense”

(numerous references to life/health of mother in this area)

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There are details on civil & criminal penalties for physicians violating portion of the Act. For instance, a mother can sue for $10k, plus attorney/court fees.

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A key part of this Act:

“Moneys collected... shall be paid to the treasurer of state for deposit into the foster care and adoption initiatives fund created under section 5103.11 of the Revised Code.”

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The state medical board may strip violators of their licenses/certs to practice medicine.

The Act details for several pages (nearly half of them) what constitutes fraud or deception by physicians.

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Details on the foster/adoption initiative:
a. Created by this Act
b. Separate from the state treasury, & all interest on funds go back into it
c. 50/50 split to foster care & adoption services
d. Controlled by OH Dept of Job & Family Services

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Medical research included:
a. <=30% of pregnancies end in miscarriage
b. <5% end in miscarriage after heartbeat detected
c. >90% in vitro survive 1st trimester after heartbeat detected
d. <=90% in vitro do not survive if no heartbeat detected

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e. “Fetal heartbeat, therefore, has become a key medical predictor that an unborn human individual will reach live birth.”

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Additional statements:
a. OH aims to protect lives of both the mother & fetus.
b. An informed decision by the mother is important.
c. OH finds heartbeat can be detected through standard medical practices.
d. At fertilization, a genetically distinct human emerges.

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e. Cardiac activity shows tissues have come together to form organs, including central nervous system & heart
f. After heartbeat detected: 95%-98% chance of full-term development
g. Embryo & adult only differ by maturity of the human being

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Final note:

I have tried to summarize this Act to the best of my ability, but I am not an attorney.

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Something to add: The media are still reporting on an earlier draft of the bill that contained reference to a theoretical surgery to reimplant an embryo in an ectopic pregnancy. This draft was never approved, & the final bill doesn’t even include the word “ectopic”.