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Home » US Law » 2022 Ohio Revised Code » Title 37 | Health-Safety-Morals » Chapter 3726 | Disposition of Fetal Remains From Surgical Abortion

Section 3726.01 | Definitions.

Effective: April 6, 2021 Latest Legislation: Senate Bill 27 – 133rd General Assembly As used in this chapter: (A) “Abortion facility” means any of the following in which abortions are induced or performed: (1) Ambulatory surgical facility as defined in section 3702.30 of the Revised Code; (2) Any other facility in which abortion is legally […]

Section 3726.02 | Fetal Remains Disposition by Cremation or Interment.

Effective: April 6, 2021 Latest Legislation: Senate Bill 27 – 133rd General Assembly (A) Final disposition of fetal remains from a surgical abortion at an abortion facility shall be by cremation or interment. (B) The cremation of fetal remains under division (A) of this section shall be in a crematory facility, in compliance with Chapter […]

Section 3726.03 | Pregnant Woman Rights for Fetal Remains Disposition.

Effective: April 6, 2021 Latest Legislation: Senate Bill 27 – 133rd General Assembly (A) A pregnant woman who has a surgical abortion has the right to determine both of the following regarding the fetal remains: (1) Whether the final disposition shall be by cremation or interment; (2) The location for the final disposition. (B) A […]

Section 3726.04 | Exercise of Rights by Adult or Minor Pregnant Woman.

Effective: April 6, 2021 Latest Legislation: Senate Bill 27 – 133rd General Assembly (A)(1) If a pregnant woman desires to exercise the rights under division (A) of section 3726.03 of the Revised Code, she shall make the determination in writing using a form prescribed by the director of health under division (C) of section 3726.14 […]

Section 3726.05 | Release of Fetal Remains After Disposition Determination.

Effective: April 6, 2021 Latest Legislation: Senate Bill 27 – 133rd General Assembly An abortion facility may not release fetal remains from a surgical abortion, or arrange for the cremation or interment of such fetal remains, until it obtains a final disposition determination made, and if applicable, the consent made, under section 3726.04 or 3726.041 […]

Section 3726.09 | Payment of Fetal Remains Disposition Costs.

Effective: April 6, 2021 Latest Legislation: Senate Bill 27 – 133rd General Assembly (A) Except as provided in division (B) of this section, an abortion facility shall pay for and provide for the cremation or interment of the fetal remains from a surgical abortion performed at that facility. (B) If the disposition determination made under […]

Section 3726.14 | Rulemaking Authority of Director of Health.

Effective: April 6, 2021 Latest Legislation: Senate Bill 27 – 133rd General Assembly Not later than ninety days after the effective date of this section , the director of health, in accordance with Chapter 119. of the Revised Code, shall adopt rules necessary to carry out sections 3726.01 to 3726.13 of the Revised Code, including […]

Section 3726.15 | Immunity for Person Burying of Cremating Fetal Remains.

Effective: April 6, 2021 Latest Legislation: Senate Bill 27 – 133rd General Assembly A person who buries or cremates fetal remains from a surgical abortion is not liable for or subject to damages in any civil action, prosecution in any criminal proceeding, or professional disciplinary action related to the disposal of fetal remains, if that […]

Section 3726.16 | Applicability of Conflicting Laws or Regulations.

Effective: April 6, 2021 Latest Legislation: Senate Bill 27 – 133rd General Assembly Except for the requirements of section 3705.20 of the Revised Code, no conflicting provision of the Revised Code or conflicting procedure of an agency or board shall apply regarding a person who buries or cremates fetal remains in accordance with section 3726.15 […]

Section 3726.95 | Pregnant Women Not Guilty of Crime.

Effective: April 6, 2021 Latest Legislation: Senate Bill 27 – 133rd General Assembly A pregnant woman who has a surgical abortion, the fetal remains from which are not disposed of in compliance with this chapter, is not guilty of committing, attempting to commit, complicity in the commission of, or conspiracy in the commission of a […]