Born-alive abortion bill passes Ohio Senate
Oct. 27—COLUMBUS — A bill that could lead to a felony manslaughter charge against a doctor who fails to act to preserve the health of an infant born alive during the course of an abortion passed the Ohio Senate Wednesday solely with Republican votes.
If a doctor performing an abortion does not immediately render the usual care given to a newborn if born alive during the course of the procedure, a first-degree felony charge of abortion manslaughter may be brought. That can carry up to 11 years in prison and a $20,000 fine.
Doctors are already obligated by law and their own ethics to try to save the life of any person — including an infant that is still alive when removed from the uterus. The bill would extend that to providing treatment for the health of that infant afterward.
Senate Bill 157 would also clarify that a doctor must act "purposely" in not rendering immediate treatment in order for the charge to be brought.
Ohio law, with some exceptions, prohibits an abortion after 20 weeks of gestation, generally deemed to be before the expected point of viability of a fetus.
"(The bill) says not only must you not kill the baby or just provide it comfort care, you've got to look after its health," said one of the bill's sponsors, Sen. Terry Johnson (R., McDermott), a physician.
"So there's a baby lying there and we can give it comfort care until it dies, or under this bill if it becomes law, we have to care for the baby as you would any other infant that's lying there," he said. "And you have to arrange for the transfer (to a hospital) because an abortionist's office and an outpatient clinic is not the place for this little baby to struggle for survival."
Sen. Herscel Craig (D., Columbus), who joined Democrats in opposition, said every child already deserves appropriate care. He called the criminal penalties overly harsh.
"Families must be able to trust their doctors and rely on medical standards and their expertise when determining a course of treatment," he said. "Medical professionals must be able to provide these services without fear of prosecution and jail time for giving the best care possible...for their patients."
The bill is opposed by various medical organizations.
It would also allow the woman patient to bring a civil action against the doctor. It requires doctors to file reports with the Ohio Department of Health for such instances and allows for criminal action and a separate lawsuit from the woman patient if the reports are not filed.
These reports, according to Dr. Johnson, could provide insight into whether this occurs in Ohio.
Before passing the bill, it was amended to make it tougher for surgical abortion clinics to obtain variances from a state requirement that they have written agreements in place with local hospitals for the transfer of patients in cases of emergency.
Offered by Sen. Rob McColley (R., Napoleon), the amendment appears to target Planned Parenthood Southwest Ohio Region's Mount Auburn Health Center in Cincinnati and Women's Med Center in Dayton. Both operate under variances approved by the health department because of agreements they reached with local doctors to fill the hospital emergency role.
Under any new variance applications would require physicians to attest that they are not employed by or contracted with a medical school run by a state university. Six months after enactment of the law all clinics already holding variances would have to comply.
Joining Dr. Johnson in sponsoring the bill was the chamber's other physician, U.S. Sen. Steve Huffman (R., Tipp City).
The bill is one of several abortion-related measures under consideration in the GOP-majority General Assembly. Soon after the committee vote on the born-alive bill, the Senate Health Committee held a hearing on Senate Bill 123, the so-called "trigger" that would all but ban abortion in Ohio should the newly remade U.S. Supreme Court overturn the landmark Roe v. Wade decision.
First Published October 27, 2021, 11:05am
