OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 598 Bill Analysis
134th General Assembly
Click here for H.B. 598’s Fiscal Note
Version: As Introduced
Primary Sponsors: Rep. Schmidt
Effective Date:
Amy L. Archer, Research Analyst
SUMMARY
Application upon the occurrence of a condition precedent
 Enacts several abortion-related provisions that apply only upon the occurrence of either
of the following that wholly or partially upholds a state’s authority to prohibit abortion:
 The issuance of a U.S. Supreme Court opinion;
 The adoption of an amendment to the U.S. Constitution.
Criminal provisions
 Prohibits, as the crime of criminal abortion, a person from purposely causing or inducing
an abortion by using a drug or substance or an instrument or other means.
 Provides that criminal abortion is a felony of the fourth degree.
 Provides an affirmative defense to a criminal abortion charge if the physician performed
or induced the abortion, or attempted to do so, under the determination that it was
necessary to prevent the individual’s death or a serious risk of the substantial and
irreversible impairment of a major bodily function.
 Establishes the following list of conditions that must be met in order to invoke the
affirmative defense above, provided that no medical emergency preventing compliance
exists:
 Written certification must be made that the abortion is necessary to prevent the
individual’s death or a serious risk of the substantial and irreversible impairment of a
major bodily function from (1) the doctor performing or inducing the abortion, or
attempting to do so, and (2) a different physician not professionally related to the
first doctor;
 Appropriate neonatal services for premature infants must exist at the facility where
the physician performs or induces the abortion, or attempts to do so;
March 17, 2022
Office of Research and Drafting LSC Legislative Budget Office
 The physician performing or inducing the abortion, or attempting to do so,
terminates or attempts to terminate the pregnancy in a manner that provides the
best opportunity for the unborn child to survive, unless certain exceptions apply;
 Written certification of the methods or techniques considered and reasons for
choosing the method or technique employed must be made;
 The physician performing or inducing the abortion, or attempting to do so, must
arrange for the attendance in the same room of another physician to take all
reasonable steps necessary to preserve the life and health of the unborn child
immediately upon the child’s expulsion or extraction from the individual.
 Prohibits, as the crime of promoting abortion, any person from purposely
manufacturing, possessing for sale or distribution, advertising, or holding one’s self out
as possessing for sale or distribution, or selling or distributing, any drugs, medicine,
instrument, or device to cause an abortion if certain conditions are present.
 Provides that promoting abortion is a first degree misdemeanor.
 Prohibits, as the crime of abortion manslaughter, a person from purposely taking the life
of a child born by attempted abortion who is alive when removed from the pregnant
individual’s uterus.
 Provides that abortion manslaughter is a felony of the first degree.
 Establishes a minimum of four to seven years and a maximum of 25 years of
imprisonment and a fine of not more than $10,000 for abortion manslaughter.
 Establishes a minimum of one-half to two years of imprisonment and a fine of not more
than $2,500 for criminal abortion.
 Grants immunity from prosecution for abortion manslaughter, criminal abortion, or
promoting abortion to an individual on whom an abortion was induced or attempted.
Wrongful death cause of action
 Creates a wrongful death cause of action for an individual on whom an abortion was
performed in violation of crimes of abortion manslaughter, criminal abortion, or
promoting abortion.
 Requires that an individual who prevails receives: (1) $10,000 in damages, or an amount
determined by the trier of fact after consideration of the evidence, whichever the
individual elects before final judgment, and (2) court costs and reasonable attorney’s
fees.
 Provides that a defendant who prevails must receive reasonable attorney’s fees if:
(1) the court finds the action to be frivolous, (2) the finding of the frivolous conduct is
not based on a judicial determination that the crime at issue is unconstitutional, and
(3) the court finds that the defendant was adversely affected by the frivolous conduct.
P a g e |2 H.B. 598
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
Medical license revocation
 Requires the State Medical Board to revoke a physician’s license to practice if the
physician is guilty, or pleads no contest to and is convicted, of abortion manslaughter,
criminal abortion, or promoting abortion, and permits the Board to reinstate the
physician’s license if the conviction is overturned by direct appeal.
Bill name
 Entitles the bill as the “Human Life Protection Act.”
DETAILED ANALYSIS
Application based on a condition precedent
The bill enacts several abortion-related provisions in the Revised Code. However, these
provisions apply only upon the occurrence of one of the following conditions precedent:
 The U. S. Supreme Court issues an opinion that wholly or partially upholds a state’s
authority to prohibit abortion;
 An amendment to the U. S. Constitution is adopted to wholly or partially authorize a
state to prohibit abortion.1
Once either condition precedent occurs, the bill’s provisions supersede all conflicting
Revised Code provisions, and no state funds may be disbursed to support their violation of.
Additionally, the bill prohibits the enforcement of any contract executed after the new
provisions become applicable, if the enforcement would require or support their violation.2
Criminal provisions
Criminal abortion
The bill prohibits a person from purposely causing or inducing an abortion (which the bill
defines as the purposeful termination of a human pregnancy with an intention other than to
produce a live birth or to remove a dead fetus or embryo) by either of the following means:
 Prescribing, administering, or personally furnishing a drug or substance;
 Using an instrument or other means.3
The bill defines “drug” using the same definition in the Revised Code governing
pharmacists and dangerous drugs, which includes, for example, any article recognized in the
United States pharmacopoeia and national formulary, or any supplement to them, intended for
1 R.C. 2904.01(A).
2 R.C. 2904.01(B).
3 R.C. 2904.02(A) and 2904.03(A).
P a g e |3 H.B. 598
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals
and any article, other than food, intended to affect the structure or any function of the body of
humans or animals.4
A person who violates this is guilty of criminal abortion, which is a felony of the fourth
degree (see “Punishment,” below).5
Affirmative defense
The bill provides that an affirmative defense to a criminal abortion charge exists if both
of the following are true: (1) a physician purposely performed or induced, or purposely
attempted to perform or induce, the abortion, and (2) the physician determined, in the
physician’s reasonable medical judgment, based on the facts known to the physician at the
time, that the abortion was necessary to prevent the pregnant individual’s death or serious risk
of substantial and irreversible impairment of a major bodily function.6 The bill defines
“physician” as a person who is licensed to practice medicine and surgery or osteopathic
medicine and surgery by the State Medical Board or a person who otherwise is authorized to
practice medicine and surgery or osteopathic medicine and surgery in Ohio. “Reasonable
medical judgment” means a medical judgment that would be made by a reasonably prudent
physician, knowledgeable about the case and the treatment possibilities with respect to the
medical conditions involved.7 The bill, however, provides no definition of “serious risk of
substantial and irreversible impairment of a major bodily function” and the definition of that
term in other abortion law is not made applicable by the bill.
An abortion is not considered necessary: (1) on the basis of a claim or diagnosis that the
pregnant individual will engage in conduct that would result in the individual’s death or a
substantial or irreversible impairment of a major bodily function, or (2) based on any reason
related to the individual’s mental health.8 The bill provides no definition of “substantial and
irreversible impairment of a major bodily function.”
In order to invoke the affirmative defense, the physician purposely performing or
inducing the abortion, or attempting to do so, must comply with all of the following conditions:
 The physician certifies in writing that, in the physician’s reasonable medical judgment,
based on the facts known to the physician at the time, the abortion is necessary to
prevent the pregnant individual’s death or a serious risk of the substantial and
irreversible impairment of a major bodily function;
4 R.C. 2904.02(B); R.C. 4729.01, not in the bill.
5 R.C. 2904.03(B).
6 R.C. 2904.031(A).
7 R.C. 2904.02(C) and (D); R.C. 2305.113, not in the bill.
8 R.C. 2904.031(B).
P a g e |4 H.B. 598
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
 A different physician not professionally related to the physician performing or inducing
the abortion, or attempting to do so, certifies in writing that, in that physician’s
reasonable medical judgment, based on facts known to that physician at that time, the
abortion is necessary to prevent the pregnant individual’s death or a serious risk of the
substantial and irreversible impairment of a major bodily function;
 The physician performs or induces the abortion, or attempts to do so, in a hospital or
other health care facility that has appropriate neonatal services for premature infants;
 The physician performing or inducing the abortion, or attempting to do so, terminates,
or attempts to terminate, the pregnancy in a manner that provides the best opportunity
for the “unborn child” (an individual organism of the species Homo sapien from
fertilization until live birth)9 to survive, unless the physician determines, in the
physician’s reasonable 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 individual’s death or substantial and irreversible impairment of a major bodily
function than would other available methods of abortion;
 The physician certifies in writing the available methods or techniques considered and
the reasons for choosing the method or technique employed;
 The physician performing or inducing the abortion, or attempting to do so, has arranged
for the attendance in the same room in which the abortion is 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 individual.
The conditions above do not apply if a medical emergency exists that prevents the
physician from complying with any of them.10
Promoting abortion
The bill prohibits any person from purposely: (1) manufacturing, (2) possessing for sale
or distribution, (3) advertising, (4) holding one’s self out as possessing for sale or distribution, or
(5) selling or distributing, any drugs, medicine, instrument, or device, when any of the following
apply:
 The person knows or has reasonable cause to believe that the drug, medicine,
instrument, or device is capable of causing an abortion and is used primarily for that
purpose;
9 R.C. 2904.02(E).
10 R.C. 2904.032.
P a g e |5 H.B. 598
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
 The person knows or has reasonable cause to believe that the recipient to whom the
person sells or distributes the drug, medicine, instrument, or device, intends to use it to
cause an abortion;
 The person directly or indirectly represents that the drug, medicine, instrument, or
device is effective in causing an abortion, regardless of whether it is actually effective as
represented.11
The bill provides that the above conditions do not prohibit a manufacturer or distributor
of drugs or surgical supplies, or a pharmacist or physician, from lawfully manufacturing,
possessing, selling, or distributing, in the usual course of that person’s business or profession,
any drug, medicine, instrument, or thing intended for any lawful medical purpose. An example
of a lawful medical purpose is an abortion that meets the affirmative defense for a criminal
abortion (see “Criminal abortion,” above).12
A person who violates this is guilty of promoting abortion, a misdemeanor of the first
degree (see “Punishment,” below).13
Abortion manslaughter
The bill prohibits a person from purposely taking the life of a child born by attempted
abortion who is alive when removed from the pregnant individual’s uterus. No person who
performs an abortion may fail to use reasonable medical judgment to preserve the life of a child
who is alive when removed from the individual’s uterus.14
A person who violates this is guilty of abortion manslaughter, a felony of the first degree
(see “Punishment,” below).15
Punishment
Under the bill, a felony of the first degree is punishable by a minimum of four, five, six,
or seven years and a maximum of 25 years of imprisonment and a fine of not more than
$10,000.16
A fourth degree felony is punishable by a minimum of one-half, one, one and one-half,
or two years of imprisonment and a fine of not more than $2,500.17
11 R.C. 2904.04(A).
12 R.C. 2904.04(B).
13 R.C. 2904.04(C).
14 R.C. 2904.05(A) and (B).
15 R.C. 2904.05(C).
16 R.C. 2904.40(A).
17 R.C. 2904.40(B).
P a g e |6 H.B. 598
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
A first degree misdemeanor is punishable as provided under existing law, which may
include a jail term of not more than 180 days, a nonresidential sanction, which includes, for
example, a term of community service of up to 500 hours, or a fine of not more than $1,000.18
Immunity for pregnant individual
The bill provides that an individual on whom an abortion was induced or attempted is
immune from prosecution for criminal abortion, promoting abortion, or abortion
manslaughter.19
Wrongful death cause of action
The bill creates a wrongful death cause of action for an individual on whom an abortion
was performed in violation of the provisions for criminal abortion, promoting abortion, or
abortion manslaughter, and the criminal violation was the proximate cause of the death of her
unborn child.
Awards for prevailing on an action
For plaintiff
An individual who prevails in such an action must receive both of the following from the
defendan