OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 343 Bill Analysis
135th General Assembly
Click here for H.B. 343’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. Somani and Liston
Effective date:
Amy L. Archer, Research Analyst
SUMMARY
Repealed statutes
Abortion prohibitions
▪ Repeals the entirety of the “Human Rights and Heartbeat Protection Act” (Heartbeat Act),
which generally prohibits a person from performing or inducing an abortion on a pregnant
woman (1) with the intent to terminate an unborn human individual’s life whose fetal
heartbeat has been detected, or (2) without determining whether there is a detectable
fetal heartbeat.
▪ Repeals laws that generally prohibit a person from performing or inducing an abortion on
a pregnant woman when the probable post-fertilization age of the unborn child is
20 weeks or greater, including associated criminal, civil, and professional liabilities; the
Ohio Pain-Capable Unborn Child Protection Act Litigation Fund; and related reporting
requirements.
Limitations on medication abortion
▪ Repeals laws that prohibit a physician from personally furnishing or providing an abortion-
inducing drug to a pregnant woman unless the physician is physically present where and
when the initial dose of the drug is consumed, including associated criminal, civil, and
professional liabilities.
Abortion-related informed consent requirements
▪ Repeals laws that prohibit an abortion being performed or induced (absent a medical
emergency or medical necessity) unless certain conditions are satisfied and state-
published materials are provided to the pregnant woman.
December 2, 2024
Office of Research and Drafting LSC Legislative Budget Office
▪ Repeals laws that require the Department of Health (ODH) to publish materials that
inform the pregnant woman of family planning information and the probable anatomical
and physiological characteristics of the zygote, blastocyte, embryo, or fetus.
▪ Repeals laws that require the Department of Job and Family Services (ODJFS) to prepare
and conduct a public information program on available governmental programs and
agencies that provide services or assistance for family planning, prenatal care, child care,
or alternatives to abortion.
▪ Repeals the law that requires a physician, if an obstetric ultrasound examination is
performed before an abortion, to provide the woman an opportunity to view the active
ultrasound image and offer to provide her with a physical picture of the ultrasound image.
Ambulatory surgical facility requirements
▪ Repeals various provisions related to ambulatory surgical facilities, including inspections
for license renewal, written transfer agreement requirements, and variance procedures.
Public facility prohibition
▪ Repeals the law that prohibits any public facility from being used for the purpose of
performing or inducing a nontherapeutic abortion.
Disposition of fetal remains
▪ Repeals laws that require the final disposition of fetal remains from a surgical abortion to
be by cremation or internment, including all related provisions regarding making the
disposition determination, requirements on abortion facilities and crematory operators,
and criminal penalties.
Abortion reporting and notices
▪ Repeals laws requiring ODH to collect and collate abortion data.
▪ Repeals laws requiring attending physicians and hospitals to report various abortion data
to ODH, including related to abortion complications.
▪ Repeals a requirement that an office or facility where abortions are performed or induced
must post a notice that no one can force an individual to have an abortion.
Intervention in legal actions
▪ Repeals the law that allows the General Assembly to intervene in any case challenging the
constitutionality of the laws prohibiting an abortion related to a finding of Down
syndrome.
Telehealth
▪ Permits reproductive health care and related services to be provided as telehealth
services.
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As Introduced
Office of Research and Drafting LSC Legislative Budget Office
Qualified immunity for reproductive health care
▪ Grants qualified immunity from civil liability, criminal liability, and professional discipline
to a health care provider or reproductive health care helper for providing reproductive
health care or to an individual for seeking reproductive health care.
▪ Specifies that the qualified immunity does not apply if the act or omission constitutes
willful or wanton misconduct or reckless disregard for the consequences.
Data privacy for reproductive or sexual health information
▪ Prohibits, generally, a regulated entity from collecting, retaining, using, or disclosing
personal reproductive or sexual health information, including disclosure to third parties
such as other states and law enforcement.
▪ Establishes causes of civil actions for individuals and the Ohio Attorney General against
regulated entities who fail to comply with the bill’s requirements or violate its
prohibitions.
Prohibition on abusive litigation
▪ Prohibits any person from taking part in abusive litigation against any reproductive health
care provider, reproductive health care helper, or any individual accessing or seeking
lawful reproductive health care in Ohio.
▪ Establishes a civil cause of action against any person who violates the bill’s prohibition
against abusive litigation.
Testimonial privilege
▪ Prohibits a patient from testifying about that patient’s own reproductive health care,
including miscarriage and abortion history, unless that patient consents to testifying.
Protection of patient records from out-of-state third parties
▪ Prohibits a health care provider or facility from being required or compelled to provide
patient records to any out-of-state third party.
Employment discrimination
▪ Makes it an unlawful discriminatory practice under Ohio’s Civil Rights Law for an employer
to discriminate against a person because of any reproductive health decision made by the
person, including a decision to use a particular drug, device, or medical service, including
abortion and services related to a miscarriage or family planning.
▪ Adds abortion, miscarriage, and family planning to the definition of “because of sex” and
“on the basis of sex” for purposes of the employment-related protections under Ohio’s
Civil Rights Law.
▪ Expands a provision of Ohio’s Civil Rights Law that requires women affected by pregnancy,
childbirth, or related medical conditions to be treated the same for all employment-
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As Introduced
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related purposes as other individuals similar in their ability or inability to work to include
women affected by abortion, miscarriage, or family planning.
TABLE OF CONTENTS
Article I, Section 22 ....................................................................................................................... 5
Repealed statutes ......................................................................................................................... 5
Abortion prohibitions ................................................................................................................ 5
Fetal heartbeat abortion prohibition .................................................................................... 5
Post-20 weeks abortion prohibition ..................................................................................... 6
Limitations on medication abortion .......................................................................................... 6
Abortion-related informed consent requirements .................................................................... 6
24-hour parental notice before abortion .............................................................................. 7
Required ultrasound before abortion ................................................................................... 8
Ambulatory surgical facility requirements ................................................................................. 8
Public facility prohibition ........................................................................................................... 9
Disposition of fetal remains from surgical abortion .................................................................. 9
Abortion reporting and notices ............................................................................................... 10
Notice posted where abortions performed ............................................................................. 11
Intervention in legal actions .................................................................................................... 11
Telehealth ................................................................................................................................... 11
Qualified immunity for reproductive health care........................................................................ 11
Data privacy for reproductive or sexual health information ....................................................... 12
Data restrictions ...................................................................................................................... 12
Mechanisms to access and delete data ................................................................................... 13
Privacy policy ........................................................................................................................... 14
Enforcement mechanisms ....................................................................................................... 14
Individual civil action .......................................................................................................... 14
Unfair or deceptive act or practice ..................................................................................... 15
Data privacy definitions ........................................................................................................... 15
Prohibition on abusive litigation ................................................................................................. 18
Against reproductive health care patients, providers, and helpers ......................................... 18
Construction and interpretation of statutes ............................................................................ 19
Abusive litigation definitions ................................................................................................... 19
Testimonial privilege ................................................................................................................... 20
Protection of patient records from out-of-state third party ....................................................... 21
Employment discrimination ........................................................................................................ 21
Continuing law enforcement ................................................................................................... 22
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As Introduced
Office of Research and Drafting LSC Legislative Budget Office
DETAILED ANALYSIS
Article I, Section 22
On November 7, 2023, Ohio voters approved Issue 1, a citizen-initiated ballot issue
entitled “The Right to Reproductive Freedom with Protections for Health and Safety.”1 At
present, the impact of this new constitutional provision on existing and future Revised Code
provisions is unclear. The bill, entitled the Reproductive Care Act,2 makes changes to Ohio’s
abortion laws, as discussed below.
Repealed statutes
Abortion prohibitions
Fetal heartbeat abortion prohibition
The bill repeals S.B. 23 of the 133rd General Assembly, the “Human Rights and Heartbeat
Protection Act” (Heartbeat Act). Under that law, a person is generally prohibited from knowingly
and purposefully performing or inducing an abortion on a pregnant woman (1) with the specific
intent of causing or abetting the termination of the life of the unborn human individual that the
pregnant woman is carrying and whose fetal heartbeat has been detected in accordance with the
law, or (2) without determining whether there is a detectable fetal heartbeat.
Additionally, the bill repeals the Heartbeat Act’s abortion documentation requirements,
reporting requirements (see below, “Abortion reporting and notices”), the associated
criminal, civil, and professional liabilities for violating or failing to comply with the Act’s
prohibitions and requirements, and the provisions that establish and govern the Joint Legislative
Committee on Adoption Promotion and Support and the Foster Care and Adoption Initiatives
Fund. The Committee, established “to ensure that citizens are informed of available options in
this state,” is allowed to review or study any matter that it considers relevant to the adoption
process in Ohio, especially mechanisms intended to increase awareness of the process, increase
its effectiveness, or both. The fund is to consist of moneys collected by the State Medical Board
for forfeitures assessed against persons who violate or fail to comply with requirements
established in the Heartbeat Act.3 Since the bill repeals those requirements, it also repeals this
fund.
For a complete analysis of the Heartbeat Act repealed by the bill, see LSC’s Final Analysis
of S.B. 23 (PDF), which is available on the General Assembly’s website: legislature.ohio.gov.
1
Ohio Constitution, Article I, Section 22.
2
Section 9.
3
R.C. 2919.171, 2919.19 to 2919.1913, and 5103.11 (repealed), with conforming changes in R.C. 2919.10
and 4731.22(B)(46).
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As Introduced
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S.B. 23 was permanently enjoined by the Hamilton County Court of Common Pleas. That
injunction is under appeal.4
Post-20 weeks abortion prohibition
The bill repeals the law that generally prohibits a person from purposely performing or
inducing, or purposely attempting to perform or induce, an abortion on a pregnant woman when
the probable post-fertilization age of the unborn child is 20 weeks or greater. The bill also repeals
the associated criminal, civil, and professional liabilities for violating or failing to comply with the
prohibition, the provision that establishes and governs the Ohio Pain-Capable Unborn Child
Protection Act Litigation Fund, and the requirements for related abortion reporting to, and a
public report issued by, the Department of Health (ODH).5
For a complete analysis of the repealed provisions, see LSC’s Final Analysis of S.B. 127 of
the 131st General Assembly (PDF), which is available on the General Assembly’s website:
legislature.ohio.gov.
Limitations on medication abortion
The bill repeals the prohibition on a physician personally furnishing or otherwise providing
an abortion-inducing drug to a pregnant woman unless the physician is physically present at the
location where the initial dose of the drug or regimen of drugs is consumed at the time the dose
is consumed. The bill also repeals the associated criminal and professional liabilities for failing to
comply with the prohibition.6
For a complete analysis of the repealed provision, see LSC’s Final Analysis of S.B. 260 of
the 133rd General Assembly (PDF), which is available on the General Assembly’s website:
legislature.ohio.gov. S.B. 260 is currently enjoined by the Hamilton County Court of Common
Pleas pending resolution of a lawsuit scheduled for trial in March 2026.7
Abortion-related informed consent requirements
Continuing law prohibits a person from performing or inducing an abortion without the
informed consent of the pregnant woman.8 The bill repeals the prohibition against an abortion
4
Preterm-Cleveland v. Yost, Hamilton C.P. No. A2203203 (October 24, 2024). See also Preterm-Cleveland
v. Yost, Appeal No. C-2400668 (1st Dist. Ct. App. November 25, 2024).
5
R.C. 2307.54 and 2919.20 to 2919.205 (repealed), with conforming changes in R.C. 2305.11 and
4731.22(B)(43).
6
R.C. 2919.124 (repealed), with conforming changes in R.C. 10