Enact SHE WINS Act

As Passed by the House

136th
General Assembly

Regular
Session
H. B. No. 347

2025-2026

Representatives Odioso, Williams

Cosponsors: Representatives Mathews,
A., Craig, Deeter, John, Schmidt, Gross, King, Miller, M., Stewart,
Barhorst, Bird, Callender, Claggett, Click, Creech, Dovilla,
Ferguson, Fowler Arthur, Ghanbari, Hall, T., Hiner, Holmes, Hoops,
Johnson, Klopfenstein, Lear, Mathews, T., McClain, Newman, Plummer,
Richardson, Ritter, Robb Blasdel, Salvo, Swearingen, Thomas, D.,
Workman

To
amend sections 2305.11

and

2307.46 and
to
enact section 2317.58

of the Revised Code
to
enact the Share the Health and Empower With Informed Notices (SHE
WINS) Act regarding abortion informed consent.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 2305.11

and

2307.46
be
amended
and

section
2317.58

of the Revised Code be
enacted

to
read as follows:

Sec.
2305.11.
(A)
An action for libel, slander, malicious prosecution, or false
imprisonment, an action for malpractice other than an action upon a
medical, dental, optometric, or chiropractic claim, an action for
legal malpractice against an attorney or a law firm or legal
professional association, or an action upon a statute for a penalty
or forfeiture shall be commenced within one year after the cause of
action accrued, provided that an action by an employee for the
payment of unpaid minimum wages, unpaid overtime compensation, or
liquidated damages by reason of the nonpayment of minimum wages or
overtime compensation shall be commenced within two years after the
cause of action accrued.

(B)
A civil action for unlawful abortion pursuant to section 2919.12 of
the Revised Code, a civil action authorized by division (H) of
section 2317.56 of the Revised Code,
a
civil action authorized by division (G) of section 2317.58 of the
Revised Code,
a
civil action pursuant to division (B) of section 2307.52 of the
Revised Code for terminating or attempting to terminate a human
pregnancy after viability in violation of division (A) of section
2919.17 of the Revised Code, and a civil action for terminating or
attempting to terminate a human pregnancy of a pain-capable unborn
child in violation of division (E) of section 2919.201 of the Revised
Code shall be commenced within one year after the performance or
inducement of the abortion or within one year after the attempt to
perform or induce the abortion in violation of division (A) of
section 2919.17 of the Revised Code or division (E) of section
2919.201 of the Revised Code.

(C)

A
civil action authorized by division (G) of section 2317.58 of the
Revised Code shall be commenced within one year after the performance
or inducement of the abortion or within one year after the reasonable
discovery by the harmed party of the harm incurred as a result of the
breach of duties obligated by that division, whichever is later.

(D)

As
used in this section, "medical claim," "dental claim,"
"optometric claim," and "chiropractic claim" have
the same meanings as in section 2305.113 of the Revised Code.

Sec.
2307.46.
(A)
In any civil action based on or related to any injury, death, or loss
to person or property suffered as a result of the performance or
inducement of an abortion or suffered as a result of an attempt to
perform or induce an abortion, the woman upon whom the abortion was
allegedly performed, induced, or attempted, at the time of the filing
of the complaint in the civil action, may file a motion with the
court requesting that her identity only be revealed to the defendant
and to the court and that in all other respects the civil action be
conducted in a manner that maintains her confidentiality. The motion
shall set forth the reasons for the requested confidentiality. Prior
to service of the complaint, the court shall conduct an ex parte
hearing in a timely manner to determine whether sufficient cause
exists to require that the confidentiality of the movant be
maintained in the civil action.
The
decision of the court on the motion is final and is not subject to
appeal
An
order denying such a motion shall be a basis for immediate
interlocutory appeal
.

(B)
The supreme court shall prescribe rules to implement division (A) of
this section.

Sec.
2317.58.
(A)
As used in this section:

(1)
"Abortion-inducing drug" has the same meaning as in section
2919.124 of the Revised Code and includes any drug prescribed or
dispensed for off-label use to terminate a pregnancy that is
prescribed without a diagnosed pregnancy for the purpose of
terminating a pregnancy on a future date.

"Abortion-inducing
drug" does not include any drug that may be known to have the
effect of terminating a pregnancy, but that is prescribed for the
purpose of treating a medical condition and not for terminating a
pregnancy, so long as the medical indication is clearly specified on
the prescription.

(2)
"Complication" means any adverse physical or psychological
condition arising from the performance or inducement of an abortion
the state medical board may specify in rules adopted under this
section, including the following: uterine perforation; cervical
perforation; infection; bleeding; hemorrhage; blood clots; failure to
actually terminate the pregnancy; incomplete abortion (retained
tissue); pelvic inflammatory disease; endometritis; missed ectopic
pregnancy; cardiac arrest; respiratory arrest; renal failure;
metabolic disorder; shock; embolism; coma; placenta previa in
subsequent pregnancies; preterm birth in subsequent pregnancies; free
fluid in the abdomen; adverse reactions to anesthesia and other
drugs; any psychological or emotional complications, such as
depression, anxiety, suicidal ideation, post-traumatic stress
disorder, and sleeping disorders; and any other adverse event as
defined under 21 C.F.R. 251.2.

(3)
"Elective abortion" means the use of an instrument,
medicine, drug, or other substance or device with intent to terminate
the pregnancy of a woman known or believed to be pregnant for
purposes other than a medical emergency.

"Elective
abortion" does not include any medical procedure used to address
or resolve a miscarriage, ectopic pregnancy, or medical emergency.

(4)
"Fertilization" has the same meaning as in section 2919.16
of the Revised Code.

(5)
"Interested party" means all of the following:

(a)
A woman on whom an elective abortion was performed or induced;

(b)
Except as provided in division (A)(5)(d) of this section, in the case
of the woman's death, any of the following individuals:

(i)
The deceased woman's estate;

(ii)
The deceased woman's spouse or, if she was unmarried, the biological
father of the unborn child if the biological father's relationship
has been proven by a preponderance of evidence;

(iii)
The deceased woman's parent, custodian, or legal guardian.

(c)
If the woman has been determined to be an incapacitated person, as
defined in section 2305.41 of the Revised Code, by a court of
competent jurisdiction, her court-appointed guardian;

(d)
No individual described in division (A)(5)(b) of this section shall
be considered an interested party under this section if the
individual has been convicted of or pleaded guilty to a violation of
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.05,
2903.06, 2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.18,
2903.21, 2903.211, 2903.216, 2903.22, 2905.01, 2905.02, 2905.03,
2905.11, 2905.12, 2905.32, 2917.21, 2919.22, 2919.25, 2925.02, a
violation of any section in Chapter 2907. of the Revised Code, or a
violation of an existing or former municipal ordinance or law of this
or any other state or the United States that is substantially similar
to any of those sections, and the victim of the violation was the
deceased woman.

(6)
"Medical emergency" means a condition which, based on the
physician's reasonable medical judgment, so complicates a pregnant
woman's medical condition as to necessitate the immediate separation
of the mother and her unborn child to prevent the death of the
pregnant woman or a serious risk of the substantial and irreversible
impairment of a major bodily function of the pregnant woman.

(7)
"Physician" has the same meaning as in section 2305.113 of
the Revised Code.

(8)
"Unborn child" has the same meaning as in section 2919.16
of the Revised Code.

(9)
"Pregnant" has the same meaning as in section 2919.16 of
the Revised Code.

(10)
"Reasonable medical judgment" means a medical judgment that
would be made by a reasonably prudent physician who is knowledgeable
about the pregnant woman's case and the treatment possibilities for
her medical condition.

(11)
"Serious risk of the substantial and irreversible impairment of
a major bodily function" has the same meaning as in section
2919.16 of the Revised Code.

(B)
Notwithstanding any other provision of the Revised Code, and except
when there is a medical emergency, an elective abortion shall be
performed or induced only if all of the following conditions are
satisfied:

(1)
At least twenty-four hours prior to the performance or inducement of
the abortion, a physician meets with the pregnant woman, in person,
by telephone, or by virtual meeting, in a manner that protects the
pregnant woman's privacy and the confidentiality of her decision,
ensures the provided information focuses on her individual
circumstances and her ability to understand the provided information,
gives her an adequate opportunity to ask questions about the abortion
that will be performed or induced, and provides her with complete,
accurate, and satisfactory answers to her questions. Furthermore, at
this meeting, the physician shall inform the pregnant woman and
document of all of the following:

(a)
The name of the physician who is scheduled to perform or induce the
abortion;

(b)
Medically accurate information that a reasonable patient would
consider material to the decision of whether to undergo the elective
abortion, including the following:

(i)
The nature and purpose of the particular abortion procedure to be
used;

(ii)
The immediate and long-term medical risks associated with that
procedure, including all possible complications.

(c)
The medical risks associated with the pregnant woman carrying the
pregnancy to term;

(d)
Alternatives to abortion, including adoption and parenting;

(e)
For a pregnant woman who is Rh negative, the need for anti-Rh immune
globulin therapy, the likely consequences of refusing the therapy,
and the cost of the therapy.

(2)
At least twenty-four hours prior to the performance or inducement of
the abortion, the physician who is to perform or induce the abortion
or the physician's qualified agent does each of the following
verbally, in person, by telephone, or by virtual meeting, and in
writing, by certified mail, return receipt requested, by regular mail
evidenced by a certificate of mailing, or by electronic mail to the
pregnant woman's correct electronic mail address, and in a manner the
pregnant woman understands, based on her ability to understand
according to her own individual circumstances:

(a)
Inform the pregnant woman of any medical assistance benefits that may
be available for prenatal care, childbirth, and neonatal care;

(b)
Except in the case that the pregnancy is the result of rape or
incest, inform the pregnant woman that the unborn child's father has
a child support obligation, even if the father has offered to pay for
the elective abortion;

(c)
Inform the pregnant woman that she is free to withhold or withdraw
her consent to the abortion at any time without affecting her right
to future care or treatment or the status of any state or federally
funded benefits to which she is or may be entitled;

(d)
For an abortion being performed or induced by abortion-inducing
drugs, inform the pregnant woman that it may be possible to reverse
the effects of the abortion-inducing drug if she changes her mind,
but that time is of the essence.

(3)
Prior to the performance or inducement of the abortion, the pregnant
woman signs a form providing her informed consent to the abortion and
certifies all of the following on that form:

(a)
She has received the information described in divisions (B)(1) and
(2) of this section, and her questions about the abortion that will
be performed or induced have been answered in a complete, accurate,
and satisfactory manner and in a manner that she understands.

(b)
She consents to the particular abortion voluntarily, knowingly,
intelligently, and without coercion by any person, and she is not
under the influence of any drug of abuse or alcohol.

(4)
Prior to the performance or inducement of the abortion, the physician
who is performing or inducing the abortion or the physician's agent
must receive a copy of the pregnant woman's signed form on which she
has knowingly and voluntarily provided her informed consent to the
abortion and that includes the certification required by division
(B)(3) of this section.

(C)
If a medical emergency compels the performance or inducement of an
abortion, the physician who will perform or induce the abortion,
prior to its performance or inducement if possible, shall inform the
pregnant woman of the medical indications supporting the physician's
judgment that an immediate abortion is necessary. Any physician who
performs or induces an abortion without the prior satisfaction of the
conditions specified in division (B) of this section because of a
medical emergency shall enter the reasons for the conclusion that a
medical emergency exists in the medical record of the pregnant woman.

(D)
If the conditions specified in division (B) of this section are
satisfied, consent to an abortion shall be presumed to be valid and
effective.

(E)
The performance or inducement of an abortion without the prior
satisfaction of the conditions specified in division (B) of this
section does not constitute, and shall not be construed as
constituting, a violation of division (A) of section 2919.12 of the
Revised Code. The failure of a physician to satisfy the conditions of
division (B) of this section prior to performing or inducing an
abortion upon a pregnant woman may be the basis of both of the
following:

(1)
A civil action for compensatory and exemplary damages as described in
division (G) of this section;

(2)
Disciplinary action under section 4731.22 of the Revised Code.

(F)
No payment shall be required for any service provided in relation to
an elective abortion until the informed consent requirements are met
in accordance with this section.

(G)(1)
Subject to divisions (G)(3) and (4) of this section, any physician
who performs or induces an abortion with actual knowledge that the
conditions specified in division (B) of this section have not been
satisfied or with a heedless indifference as to whether those
conditions have been satisfied or who causes any person to sustain
injury, death, or loss to person or property as a result of
negligent, reckless, or intentional conduct is liable in statutory,
compensatory, and exemplary damages, court costs, and attorney's fees
in a civil action to any interested party.

(2)(a)
In the event the claimant prevails in an action brought under this
section, the court shall award the following:

(i)
Statutory damages in the amount of at least one hundred thousand
dollars for each claim brought by the interested party in which the
interested party prevailed;

(ii)
Compensatory damages authorized under section 2315.18 of the Revised
Code;

(iii)
Punitive or exemplary damages authorized under section 2315.21 of the
Revised Code;

(iv)
Court costs and attorney's fees.

(b)
The court additionally may enter any injunctive or other equitable
relief that it considers appropriate.

(c)
Notwithstanding any other provision of law to the contrary, no court
shall award costs or attorney's fees to a defendant in an action
brought under this section.

(3)
The following shall be affirmative defenses in a civil action
authorized under this section:

(a)
The physician performed or induced the abortion under the
circumstances described in division (C) of this section.

(b)
The physician made an objectively reasonable and good faith effort to
satisfy the conditions specified in division (B) of this section.

(c)
For an action brought in relation to a drug-induced abortion in which
informed consent requirements were not met, the defendant reasonably
believed, after conducting a reasonable investigation, that the drug
was intended for lawful, on-label use rather than for the purpose of
inducing an abortion.

(4)
The following are not affirmative defenses in a civil action
authorized under this section:

(a)
Ignorance or mistake of the law;

(b)
A defendant's belief that the requirements under this section are or
were unconstitutional;

(c)
A defendant's reliance on any state or federal court decision that is
not binding on the court in which the action has been brought;

(d)
Non-mutual issue preclusion or non-mutual claim preclusion;

(e)
If the informed consent requirements have not been met, the voluntary
consent of the unborn child's mother to the elective abortion;

(f)
Any claim that the enforcement of this chapter or the imposition of
civil liability against the defendant violates a third party's
constitutional rights.

(5)
Nothing in this section shall preclude an interested party from
either of the following:

(a)
Bringing any additional civil action or claim arising out of the
circumstances that are the basis for an action under this section;

(b)
Being awarded statutory damages pursuant to additional civil actions
or claims.

(6)
Nothing in this section shall be construed to impose liability on any
speech or conduct protected by the first amendment to the United
States Constitution, as made applicable to the states through
interpretation of the Fourteenth Amendment to the United States
Constitution by the supreme court of the United States, or by the
Ohio Constitution.

(7)
A pregnant woman on whom an elective abortion is performed or induced
or attempted to be performed or induced is not liable under this
section.

(H)
Any provision of this section held to be invalid or unenforceable by
its terms, or as applied to any person or circumstance held invalid
or unenforceable by its terms, shall be construed so as to give it
the maximum effect permitted by law. If such holding wholly
invalidates or renders the provision unenforceable, the provision is
severable and does not affect the remainder of the provisions of this
section or how the remainder of the provisions in this section apply
to any other person not similarly situated or to other, dissimilar
circumstances.

(I)
To the extent that the provisions in section 2317.56 of the Revised
Code conflict with this section, the provisions of this section
supersede the provisions under section 2317.56 of the Revised Code.

(J)
The state medical board may adopt rules in accordance with Chapter
119. of the Revised Code to specify any adverse physical or
psychological condition arising from the performance or inducement of
an abortion for the purpose of the definition of complications as set
forth in division (A)(2) of this section.

Section
2.
That
existing sections 2305.11

and

2307.46 of the Revised Code are hereby repealed.

Section
3.
This
act shall be known as the Share the Health and Empower With Informed
Notices (SHE WINS) Act.