Section 3701-46-01 - Notification and detachable supplement(A) The director will develop and make available a notification form that informs a pregnant woman of the right to determine whether final disposition will be by interment or cremation and the location of the final disposition in accordance with division (A) of section 3726.03 of the Revised Code.(B) The director will develop and make available a detachable supplemental form to the form described in division (B)(4) of section 2317.56 of the Revised Code. The detachable supplemental form will be used by a pregnant woman to exercise her rights under division (A) of section 3726.03 of the Revised Code. The detachable supplemental form will provide for the following:(1) Allow a pregnant woman to determine the following: (a) Whether the disposition of fetal remains will be by interment or cremation;(b) The location of the disposition of the fetal remains either at a location of the pregnant woman's choosing or a location provided by the abortion facility. Locations for interment provided by the abortion facility will be limited to cemeteries registered pursuant to Chapter 4767. of the Revised Code;(2) An option allowing the pregnant woman to decline to make a determination on the disposition of the fetal remains;(3) A place for the signature of the physician who is to perform or induce the abortion; and(4) A place for a medical identification number for the pregnant woman. The form will not contain a place for the pregnant woman's name or signature.(C) If a medical emergency or medical necessity prevents the pregnant woman from completing the detachable supplemental form in paragraph (B) of this rule prior to the abortion, the abortion facility will develop a procedure to have the pregnant woman complete it within a reasonable time after the medical emergency or medical necessity has ended.(D) A detachable supplemental form will be completed for each zygote, blastocyte, embryo or fetus that will be aborted.(E) An abortion facility will use the notification form and detachable supplemental form developed by the director. Replaces: 3701-46-01
Ohio Admin. Code 3701-46-01
Effective: 1/9/2022
Five Year Review (FYR) Dates: 12/30/2026
Promulgated Under: 119.03
Statutory Authority: 3726.14
Rule Amplifies: 3726.03, 3726.042, 3726.14
Prior Effective Dates: 04/06/2021 (Emer.)