The Share the Health and Empower With Informed Notices (SHE WINS) Act proposes amendments to sections 2305.11 and 2307.46 of the Revised Code and enacts section 2317.58, focusing on informed consent for abortion procedures. The bill establishes a one-year statute of limitations for civil actions related to unlawful abortions and defines key terms such as "abortion-inducing drug," "complication," and "elective abortion." It mandates that physicians meet with pregnant women at least 24 hours prior to an abortion to provide comprehensive information about the procedure, associated risks, and alternatives, ensuring that women have the opportunity to ask questions. Additionally, informed consent must be documented through a signed form from the pregnant woman, and the bill allows for interlocutory appeals regarding confidentiality in civil actions.
The legislation also introduces significant changes to the legal framework surrounding elective abortions, including a stipulation that no payment for services related to an elective abortion is required until informed consent is obtained. Physicians who perform abortions without meeting these conditions may face civil liability, including statutory, compensatory, and exemplary damages. The bill repeals existing sections 2305.11 and 2307.46, clarifying that a pregnant woman undergoing an elective abortion is not liable under this section and that the provisions of this bill take precedence over conflicting laws. Furthermore, the state medical board is empowered to adopt rules regarding complications arising from abortions, thereby establishing stricter regulations and liabilities for abortion providers while ensuring protections for patients.
Statutes affected:
As Introduced: 2305.11, 2307.46