Reproductive Freedom Legislation

SB 28 – Fetal tissue disposal restrictions (2017-2018)

To amend sections 2317.56, 3701.341, and 3701.79 and to enact sections 3726.01, 3726.02, 3726.03, 3726.04, 3726.041, 3726.042, 3726.05, 3726.09, 3726.10, 3726.11, 3726.12, 3726.13, 3726.14, 3726.15, 3726.16, 3726.95, 3726.99, and 4717.271 of the Revised Code regarding final disposition of fetal remains from surgical abortions

Link to Bill:
https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA132-SB-28
Status:
Pending
Summary:

SB 28 would require abortion clinics to bury or cremate fetal and embryonic tissue from surgical abortions. Providers would be required to inform each patient that she may determine the method (cremation or internment) and location of disposition. Before receiving her abortion, the patient would have to indicate her preferences, or lack thereof, on a form prescribed by the director of health.

Abortion providers would be responsible for the monetary costs incurred by adhering to SB 28’s requirements, unless the patient chooses a disposal location other than the one provided by the abortion facility.

To comply with SB 28, abortion facilities would have to document and record the woman’s final disposition determination in her medical records; maintain evidentiary documentation of the date and method of the disposition; maintain written policies and procedures for compliance; and maintain a list of locations where tissue is disposed.

Any person, other than the patient, who knowingly violates SB 28’s requirements would be guilty of committing a first-degree misdemeanor.

Primary Sponsors:
Secondary Sponsors:
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Committee:
Government Oversight and Reform (S)
LSC Legislation Status:
https://www.legislature.ohio.gov/legislation/legislation-status?id=GA132-SB-28
Jurisdiction/Legislation Level:
State
Our take on this bill:

The ACLU of Ohio opposes this unconstitutional attempt to shame women who decide to end a pregnancy, and make it more difficult for abortion providers to provide safe and nonjudgmental care.

SB 28’s requirements have no basis in science or medicine. Like Ohio’s other health-care providers, abortion clinics already follow state-regulated procedures for the safe and appropriate handling of all forms of biological tissue. Legislators have no legitimate justification for targeting abortion providers with these new, burdensome regulations.

Women who make the highly personal and private decision to terminate a pregnancy should be treated with respect and compassion – not forced to consider medically unnecessary cremation and burial procedures. Rather than attempting to pass politically-motivated mandates that stigmatize and restrict access to reproductive health care, Ohio’s lawmakers should focus on policies that support women and their families.

Bill Status:

Introduced in the Senate on 1/31/17

Referred to the Senate Government Oversight and Reform Committee on 2/1/17

Received Committee hearing on 2/15/17