Ohio Revised Code|Section 2919.17 | Terminating or attempting to terminate human pregnancy after viability.

                                                
(A) No person shall purposely perform or  induce or attempt to perform or induce an abortion on a pregnant  woman when the unborn child is viable. 
(B)(1) It is an affirmative defense to a charge under  division (A) of this section that the abortion was performed or  induced or attempted to be performed or induced by a physician and  that the physician determined, in the physician's good faith  medical judgment, based on the facts known to the physician at  that time, that either of the following applied:
(a) The unborn child was not viable.
(b) The abortion was necessary to prevent the death of the  pregnant woman or a serious risk of the substantial and  irreversible impairment of a major bodily function of the pregnant  woman.
(2) No abortion shall be considered necessary under division  (B)(1)(b) of this section on the basis of a claim or diagnosis  that the pregnant woman will engage in conduct that would result  in the pregnant woman's death or a substantial and irreversible  impairment of a major bodily function of the pregnant woman or  based on any reason related to the woman's mental health.
(C) Except when a medical emergency exists that prevents  compliance with section 2919.18 of the Revised Code, the  affirmative defense set forth in division (B)(1)(a) of this  section does not apply unless the physician who performs or  induces or attempts to perform or induce the abortion performs the  viability testing required by division (A) of section 2919.18 of  the Revised Code and certifies in writing, based on the results of  the tests performed, that in the physician's good faith medical  judgment the unborn child is not viable.
(D) Except when a medical emergency exists that prevents  compliance with one or more of the following conditions, the  affirmative defense set forth in division (B)(1)(b) of this  section does not apply unless the physician who performs or  induces or attempts to perform or induce the abortion complies  with all of the following conditions:
(1) The physician who performs or induces or attempts to  perform or induce the abortion certifies in writing that, in the  physician's good faith medical judgment, based on the facts known  to the physician at that time, the abortion is necessary to  prevent the death of the pregnant woman or a serious risk of the  substantial and irreversible impairment of a major bodily function  of the pregnant woman.
(2) Another physician who is not professionally related to  the physician who intends to perform or induce the abortion  certifies in writing that, in that physician's good faith medical  judgment, based on the facts known to that physician at that time,  the abortion is necessary to prevent the death of the pregnant  woman or a serious risk of the substantial and irreversible  impairment of a major bodily function of the pregnant woman.
(3) The physician performs or induces or attempts to perform  or induce the abortion in a hospital or other health care facility  that has appropriate neonatal services for premature infants.
(4) The physician who performs or induces or attempts to  perform or induce the abortion terminates or attempts to terminate  the pregnancy in the manner that provides the best opportunity for  the unborn child to survive, unless that physician determines, in  the physician's good faith medical judgment, based on the facts  known to the physician at that time, that the termination of the  pregnancy in that manner poses a greater risk of the death of the  pregnant woman or a greater risk of the substantial and  irreversible impairment of a major bodily function of the pregnant  woman than would other available methods of abortion.
(5) The physician certifies in writing the available method  or techniques considered and the reasons for choosing the method  or technique employed.
(6) The physician who performs or induces or attempts to  perform or induce the abortion has arranged for the attendance in  the same room in which the abortion is to be performed or induced  or attempted to be performed or induced at least one other  physician who is to take control of, provide immediate medical  care for, and take all reasonable steps necessary to preserve the  life and health of the unborn child immediately upon the child's  complete expulsion or extraction from the pregnant woman.
(E) For purposes of this section, there is a rebuttable  presumption that an unborn child of at least twenty-four weeks  gestational age is viable.
(F) Whoever violates this section is guilty of terminating or  attempting to terminate a human pregnancy after viability, a  felony of the fourth degree.
(G) The state medical board shall revoke a physician's  license to practice medicine in this state if the physician  violates this section.
(H) Any physician who performs or induces an abortion or  attempts to perform or induce an abortion with actual knowledge  that neither of the affirmative defenses set forth in division  (B)(1) of this section applies, or with a heedless indifference as  to whether either affirmative defense applies, is liable in a  civil action for compensatory and exemplary damages and reasonable  attorney's fees to any person, or the representative of the estate  of any person, who sustains injury, death, or loss to person or  property as the result of the performance or inducement or the  attempted performance or inducement of the abortion. In any action  under this division, the court also may award any injunctive or  other equitable relief that the court considers appropriate.
(I) A pregnant woman on whom an abortion is performed or  induced or attempted to be performed or induced in violation of  division (A) of this section is not guilty of violating division  (A) of this section or of attempting to commit, conspiring to  commit, or complicity in committing a violation of division (A) of  this section.