Regards notice of possibility of reversing a chemical abortion

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 783

2025-2026

Representatives Newman, Gross

Cosponsors: Representatives McClain,
Miller, M., John, Click, King, Creech, Barhorst, Dean, Lear,
Williams, Klopfenstein, Bird, Hall, T.

To
enact sections 2317.57 and 2317.571 of the Revised Code
regarding
notice about the possibility of reversing a chemical abortion.

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

Section
1.
That
sections 2317.57 and 2317.571 of the Revised Code be enacted to read
as follows:

Sec.
2317.57.
(A)
As used in this section:

(1)
"Chemical abortion" means an abortion induced by a
medication regimen of mifepristone followed by misoprostol with the
intent to cause the death of the unborn child.

(2)
"Health care provider" means a person, practice,
partnership, corporation, professional limited liability company,
health care facility, entity, or institution licensed or certified in
this state to provide health care services, including a physician,
osteopathic physician, physician assistant, advanced practice
registered nurse, and hospital.

(3)
"Health care provider's agent" means any person who acts on
behalf of a health care provider at the request of or with the
knowledge of the health care provider.

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

"Medical
emergency" does not include psychological or emotional
conditions. No condition shall be deemed a medical emergency if based
on a claim or diagnosis that the pregnant woman will engage in
conduct that she intends to result in her death or in substantial and
irreversible physical impairment of a major bodily function.

(5)
"Stable web site" means a web site that, to the extent
reasonably practicable, is safeguarded from having its content
altered other than by the department of health.

(B)
Except in the case of a medical emergency, no health care provider
shall knowingly or recklessly perform or induce a chemical abortion
without the health care provider or health care provider's agent
doing both of the following:

(1)
Prior to providing the woman with mifepristone, informing the
pregnant woman, either in person or by telephone, of both of the
following:

(a)
That it may be possible to reverse the intended effects of a chemical
abortion before she takes misoprostol if she changes her mind, but
that time is of the essence.

(b)
That information on and assistance with reversing the effects of a
chemical abortion are available on the department of health's stable
web site.

(2)
Immediately after providing the woman with mifepristone, providing
her with printed medical discharge instructions that include the
department of health's abortion pill reversal hotline and stable web
site and the following statement:

"If
you've started a chemical abortion but now regret it, you're not
alone. IT MAY NOT BE TOO LATE TO SAVE YOUR PREGNANCY.

It
may be possible to avoid, cease, or even reverse the intended effects
of a chemical abortion if the second pill, misoprostol, has not been
taken. Studies suggest that abortion pill reversal is a safe and
effective process that gives your baby a second chance at life. It
has been shown to increase the chances of allowing the pregnancy to
continue; however, the outcome of your particular reversal attempt
cannot be guaranteed.

The
Department of Health's abortion pill reversal web site and hotline is
available 24 hours a day and 7 days a week to connect you with a
trusted medical professional nearby who can help you take the next
step toward reversing the abortion. Time is critical."

(C)(1)
The following individuals may bring a civil action against the person
who performed or induced a chemical abortion in violation of division
(B) of this section:

(a)
The woman on whom the chemical abortion was induced;

(b)
The biological father of the unborn child, if the biological father's
relationship to the unborn child is established by a preponderance of
evidence;

(c)
If the woman has not attained the age of eighteen years at the time
of the chemical abortion or has died as a result of the chemical
abortion, the unborn child's grandparents.

(2)
The court shall not award damages to a plaintiff if the pregnancy of
the woman on whom the chemical abortion was performed or induced was
the result of the plaintiff's criminal conduct.

(3)(a)
If the plaintiff prevails in an action filed under division (C) of
this section, the court shall award the plaintiff actual and punitive
damages and reasonable attorney's fees.

(b)
If the defendant in an action filed under division (C) of this
section prevails and the court finds that the commencement of the
action constitutes frivolous conduct, as defined in section 2323.51
of the Revised Code, the court shall award reasonable attorney's fees
to the defendant.

(4)
A pregnant woman on whom an abortion is performed or induced is not
subject to a civil penalty based on the abortion being performed or
induced in violation of this section.

(D)(1)
The attorney general or a prosecutor with appropriate jurisdiction
may conduct an investigation of an alleged violation of division (B)
of this section and initiate a civil action on behalf of the state to
assess civil penalties against the health care provider and health
care provider's agent. Prior to asserting a cause of action, the
attorney general or the prosecutor shall provide the health care
provider and health care provider's agent with a period of not less
than thirty days to comply with the requirements of division (B) of
this section.

(2)
Any health care provider or health care provider's agent that
violates division (B) of this section is liable for a civil penalty,
to be assessed by the court, of not more than five thousand dollars
for each day of the violation.

(3)
The court may impose an additional civil penalty that shall not
exceed ten thousand dollars for each violation of division (B) of
this section against any health care provider or health care
provider's agent determined by the court to have knowingly violated
division (B) of this section.

(4)
Each violation may be treated as a separate violation or may be
combined into one violation at the option of the attorney general or
the prosecutor.

(5)
Civil penalties assessed under divisions (D)(2) and (3) of this
section shall include statutory interest as defined in section
1343.03 of the Revised Code from the date that the penalty is
assessed by the court to the date that the penalty is paid in full
and shall be used to fund entities that meet the conditions set forth
in division (B) of section 5180.71 of the Revised Code.

(6)
Any commercial entity that violates this section may be liable to the
attorney general or a prosecutor with appropriate jurisdiction for
all costs, expenses, and fees related to investigation and
proceedings associated with the violation, including attorney's fees.

(E)(1)
Not later than ninety days after the effective date of this section,
the department of health shall establish a stable web site that
provides information regarding reversing a chemical abortion and
resources that are available to help women seeking to reverse a
chemical abortion. The information shall be published in English and
in each language that is the primary language of two per cent or more
of this state's population. The web site shall include the following:

(a)
Easily comprehensible information regarding the possibility of
reversing the chemical abortion if a pregnant woman changes her mind,
notice that time is of the essence, and the steps for seeking help;

(b)
The location, hours of operation, and contact information for health
care providers who are knowledgeable about abortion pill reversal and
agree to be publicly listed;

(c)
The toll-free hotline established under division (F)(6) of this
section;

(d)
The national abortion pill reversal helpline;

(e)
A clear statement that seeking emergency medical care will not result
in any civil or criminal penalties;

(f)
Information that directs web site visitors to emergency services when
clinically appropriate.

(F)(1)
Not later than ninety days after the effective date of this section,
the department of health shall develop, implement, and maintain a
comprehensive public information and awareness program to inform the
public about abortion pill reversal, consistent with the
informational materials and web site described in division (D) of
this section. The department shall review the content of the program
annually and update it as it determines necessary.

(2)
The department shall develop, procure, and disseminate educational
and informational materials for the program described in division
(F)(1) of this section, including the following:

(a)
Print materials suitable for public distribution, including
brochures, posters, and fact sheets;

(b)
Audio and electronic materials, including public service
announcements, radio spots, social media graphics, and short
explanation videos;

(c)
Materials in alternative formats to ensure accessibility for persons
with disabilities.

(3)
The department shall regularly distribute the program's educational
and informational materials described in division (F)(2) of this
section for public display and availability at the following:

(a)
Each state and local health department office;

(b)
Each county department of job and family services location;

(c)
Publicly funded clinics and community health centers;

(d)
The department's stable web site and official social media channels.

(4)
The department shall invite health care facilities to voluntarily
participate and provide educational and informational materials at no
charge to the participating facilities.

(5)
The department shall develop provider-facing resources to inform
health care providers, first responders, and relevant social service
agencies about the comprehensive public information and awareness
program described in divisions (F)(1) and (2) of this section,
including referral pathways, applicable informed consent disclosures,
and contact points for rapid access.

(6)
The department shall establish a toll-free hotline that is operated
twenty-four hours a day and seven days a week and that provides
information on abortion pill reversal and referrals to participating
providers.

(G)(1)
Not later than the thirty-first day of January, the department shall
publish on its stable web site an annual report summarizing the
comprehensive public information and awareness program's activities
for the preceding calendar year that includes the following:

(a)
The number and types of materials distributed;

(b)
Usage metrics for the stable web site established under division (E)
of this section that are aggregate and non-identifiable;

(c)
Call volume data for the hotline, established under division (F)(6)
of this section that are aggregate and non-identifiable;

(d)
Participating facilities and geographic coverage;

(e)
Program expenditures, sorted by category.

(2)
The report shall not include any personally identifiable information.

(H)
The department may enter into contracts or grants with public or
private entities to assist in producing and distributing the
program's educational and informational materials described in
division (F) of this section, maintaining the stable web site
established in division (E) of this section, operating the hotline
established under division (F)(6) of this section, or conducting
outreach, provided that the entities and the materials produced by
the entities conform to the requirements of this section. The
department shall not provide contracts to any individual, entity, or
organization that provides, promotes, counsels, or makes referrals
for abortion or abortion-related services.

(I)
Nothing in this section shall be construed to do either of the
following:

(1)
Create a cause of action against any individual for failure to access
comprehensive public information and awareness program materials;

(2)
Require the collection, retention, or disclosure of any personally
identifiable information from a member of the public.

(J)
The department may adopt rules as necessary to implement this
section, including standards for listing participating providers and
facilities and procedures to verify contact information.

(K)
The provisions of this section are severable as provided in section
1.50 of the Revised Code.

Sec.
2317.571.
The
unborn child education and public information fund is created in the
state treasury. The fund shall consist of appropriations made by the
general assembly; donations, gifts, and grants from private
individuals or nonprofit organizations; state and federal grants or
reimbursements; and any other funds made available for purposes
consistent with this section and section 2317.57 of the Revised Code.

The
department of health shall use the money in the fund only for the
following purposes:

(A)
The development, maintenance, and promotion of the department of
health's stable web site, established under division (E) of section
2317.57 of the Revised Code, and hotline, established under division
(F)(6) of section 2317.57 of the Revised Code;

(B)
The development, production, and distribution of materials described
in division (F)(1) and (2) of section 2317.57 of the Revised Code;

(C)
Technology infrastructure and digital media tools;

(D)
Health care provider training and support grants.

Any
unexpended balance in the fund at the end of the fiscal year shall
remain in the fund and be available for expenditure in subsequent
years subject to appropriation by the general assembly.

Section
2.
The
prohibition under section 2317.57 of the Revised Code shall not apply
until the Department of Health has placed on its web site information
on reversing a chemical abortion, as required under division (E)(1)
of section 2317.57 of the Revised Code.