The SHE WINS Act aims to amend existing laws regarding informed consent for abortion procedures and establish new legal frameworks surrounding civil actions related to abortion. Key provisions include the requirement for physicians to provide comprehensive information to pregnant women at least 24 hours prior to an elective abortion, covering the procedure's nature, medical risks, alternatives, and the potential for reversing abortion-inducing drugs. The bill mandates that consent be documented and allows women to withdraw consent at any time. It also introduces new definitions related to abortion and emphasizes the confidentiality of women involved in civil actions, permitting them to request that their identity be disclosed only to the court and the defendant.
Significantly, the bill repeals sections 2305.11 and 2307.46 of the Revised Code, which previously governed related issues, and establishes that no payment for abortion services is required until informed consent is obtained. Physicians who fail to meet these consent requirements may face civil liability, including damages and legal fees. The bill also outlines specific affirmative defenses for physicians and clarifies that a pregnant woman undergoing an elective abortion is not liable under this section. Furthermore, the state medical board is empowered to adopt rules regarding adverse conditions arising from abortions, reinforcing the act's comprehensive approach to regulating abortion-related practices.
Statutes affected: As Introduced: 2305.11, 2307.46