From 1974-2024, Ohio passed over 100 restrictive statutes regulating abortion access and provision.
Ohio policymakers have passed restrictive legislation on many aspects of abortion care. By exercising control over different aspects of care, policymakers can make both accessing and providing care confusing and burdensome. Below are examples of some of the most impactful legislative action.
Note: the following is meant for educational purposes only. Some laws were or are enjoined. This does not represent legal advice nor represents Ohio abortion law in it’s entirety. Legislation passed after 2024 is not included here.
Restricts People: The who
Restricts Abortion Seekers and Patients
1991 HB108 | Requires clients to receive in-person counseling from a physician at least 24 hours before an abortion
2012 HB63 | Mandates minors seeking abortion receive judicial bypass from court in own or adjoining county
Restricts Providers
1974 HB989 | Defines abortion as medical/surgical practice, meaning physicians must be the care providers
2013 HB59 | Prohibits abortion without testing for embryonic (incorrectly called ‘fetal heartbeat’ in law) heart tone (medical emergency exception); if detected, doctor must recite legislatively-prescribed counseling content
Restricts Procedures: The when and how
Health Care and Administration
2006 HB530 | Mandates confidential abortion reporting
2017 SB127 | Bans abortion after 20 weeks post-fertilization (22 weeks since last menstrual period)
2018 HB214 | Prohibits abortion if provider knows it is sought wholly or in part due to a prenatal Down syndrome diagnosis or indication
2019 SB145 | Bans dilation and evacuation, the most common second-trimester abortion procedure; SB23 | Bans abortion after detection of embryonic cardiac activity, usually around six weeks gestation
2021 SB27 | Requires fetal tissue from procedural abortions to be disposed of through cremation or internment; SB260 | Bans use of telemedicine for medication abortion
Restricts Place: The where
Clinics, Hospitals, Facilities
2002 SB124 | Requires abortion clinics obtain ambulatory surgical facility licenses
2011 HB153 | Bans public facilities from providing non-medically indicated (referred to as non-therapeutic in the law) abortions; extends ban on state funding of insurance plans that cover abortion; prevents local funding of those insurance plans
2015 HB64 | Requires transfer agreements with hospitals within 30 miles of abortion provider; automatically denies variance applications after 60 days for clinics seeking variance to transfer agreement requirements; Includes provision that a clinic’s license be automatically revoked if a variance is denied
2022 HB157 | Prohibits abortion clinics from relying on back-up physicians who work with state-funded hospitals or medical schools
A Turning Point?
In November 2023, Ohio voters passed Issue 1, “The Right to Reproductive Freedom with Protection for Health and Safety.” This ballot measure added a constitutional amendment in Ohio that protects Ohioans’ right to make and carry out their own reproductive decisions, including abortion. The measure gives advocates a new foundation on which to litigate existing state-based abortion restrictions.
In March 2024, advocacy groups began filing new and amended legal challenges against abortion-restrictive policies based on the new standard set by Issue 1. This work continues.
Other notable legislation
Not all legislation is in effect. The descriptions below are summaries meant for general understanding, not legal advice.
1986 HB319 | Requires at least one parent present for a pregnant person under 18 to receive abortion care
1998 HB395 | Prohibits health insurance for public employees from covering abortion services; with exceptions; HB421 | Requires parental consent for minor to receive abortion
2004 HB126 | Requires medication abortion to follow FDA drug labeling guidelines, prohibiting providers from prescribing based on newly available evidence on best practices/prescribing off-label
2008 HB314 | Requires that if a doctor performs an ultrasound, they must offer the patient an opportunity to see or hear it
2011 HB63 | Requires minors to be questioned about advice they received and their understanding of potential negative consequences of abortion; HB78 | Bans abortion once viability confirmed; requires viability testing at 20th week of pregnancy, with exceptions for medical emergencies unrelated to mental health; HB153 | Bans public facilities from providing non-therapeutic abortions; extends ban on state funding of insurance plans that cover abortion; prevents local funding of those insurance plans
2012 HB79 | Prohibits Affordable Care Act insurance programs from covering non-medically indicated abortions;
2013 HB59 | Prohibits abortion without testing for fetal heartbeat, except in medical emergencies; if detected, doctor must recite legislatively-prescribed abortion counseling content; codifies the written transfer agreement requirement and removes waiver option; Prohibits public hospitals from entering into written transfer agreement with abortion providers; creates Ohio Parenting & Pregnancy Program; permits use of TANF funds for crisis pregnancy centers but not programs that perform/counsel/refer for abortions; restricts rape crisis funding to programs that do not counsel or refer survivors to abortion services
2016 HB294 | Prohibits Planned Parenthood from receiving certain state and federal funds
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