Provisions of proposed CCR for SB368

 Abortion illegal except to preserve her life (1910)

 Felony provision (1910)
 Preserve her life does not include psychological or emotional condition or threat
of suicide (added 2006)
 Exception for rape reported to law enforcement (added 2022 and currently in
effect)
 Exception for incest of a minor reported to law enforcement (added 2022 and
currently in effect)
 No prosecution of the woman (added 2006)
 Abortion definition (added 1978)
 Contraception definition and protection (added 1978. Proposed language
adopted in 2022 and currently in effect)
 Protection for in vitro fertilization (implicit already, as emphasized by AG
guidance, now made explicit)
 Save the life or preserve health of the unborn (added 1978)
 Remove a dead unborn child (added 1978)
 Remove an ectopic pregnancy (added 1978)
 Health provider protection for medical treatment which results in accidental death
of unborn child (changed from affirmative defense to part of definitions)
 The above language appears in other sections of the bill:
o Title 59 MD and DO unprofessional conduct statutes
o Title 63 abortion/pro-life statutes where needed
 Repeals 63 OS §1-733 (1978)
Note: This is an outdated statute, unique to the Roe era, that should be repealed
to avoid any indication that performing an abortion is generally permissible by a
physician now that Roe has been overruled, and to avoid any possible (albeit
incorrect) interpretation that would be inconsistent with statutory language
prohibiting prosecution of woman.
 Repeals 63 OS §1-745.6 having to do with reporting requirements to DOH
 Creates new reporting requirements to DOH covering several abortion statutes
and including confidentiality and privacy protections.

1
Because of the Supreme Court decision:
 We decided to strike excellent definition of “saving the life of the mother in a
medical emergency” and “reasonable medical judgment.”
 Medical emergency and medical judgment language first appeared in 2006.