Ohio Revised Code

Ohio Rev. Code § 2919.18 (2026)

Failure to perform viability testing

✓ current as of May 2026
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(A) Except in a medical emergency that prevents compliance with this division, no physician shall perform or induce or attempt to perform or induce an abortion on a pregnant woman after the beginning of the twentieth week of gestation unless, prior to the performance or inducement of the abortion or the attempt to perform or induce the abortion, the physician determines, in the physician's good faith medical judgment, that the unborn child is not viable, and the physician makes that determination after performing a medical examination of the pregnant woman and after performing or causing to be performed those tests for assessing gestational age, weight, lung maturity, or other tests that the physician, in that physician's good faith medical judgment, believes are necessary to determine whether an unborn child is viable.

(B) Except in a medical emergency that prevents compliance with this division, no physician shall perform or induce or attempt to perform or induce an abortion on a pregnant woman after the beginning of the twentieth week of gestation without first entering the determination made in division (A) of this section and the associated findings of the medical examination and tests in the medical record of the pregnant woman.

(C) Whoever violates this section is guilty of failure to perform viability testing, a misdemeanor of the fourth degree.

(D) The state medical board shall suspend a physician's license to practice medicine in this state for a period of not less than six months if the physician violates this section.

Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 1995–2025 · leading case: Women's Med. Prof'l Corp. v. Voinovich, 911 F. Supp. 1051 (S.D. Ohio 1995).
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Women's Med. Prof'l Corp. v. Voinovich, 911 F. Supp. 1051 (S.D. Ohio 1995). · cites it 18× “17, and the viability testing requirement in O.R.C. § 2919.18. Defendants have argued that he lacks standing to challenge these provisions, because he only performs the D & X procedure up through the 24th week of pregnancy (Defendant’s Memorandum in Opposition, Doc.”
State v. Wilkins, 2014 Ohio 983 (Ohio Ct. App. 2014). “R.C. 2919.18(A)(1). (July 1, 2013 T.pp. 10-11; July 5, 2013 Judgment Entry of Sentencing.”
State v. Gutierrez, 2025 Ohio 1884 (Ohio Ct. App. 2025). “” R.C. 2919.18(B)(1) further states that “the court shall not impose the mandatory fine” if the offender “alleges in an affidavit filed with the court prior to sentencing that the offender is indigent and unable to pay the mandatory fine and if the court determines the offender…”
Women's Med. Prof'l Corp. v. Taft, 114 F. Supp. 2d 664 (S.D. Ohio 2000). “ent the death of the pregnant woman or [medically necessary to prevent] a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman, [or] (2) the physician determines, in good faith and in the exercise of reasonable medical…”
State v. Klimczyk, 2023 Ohio 3793 (Ohio Ct. App. 2023). “Here, Mr. Andrews advised the trial court about the damages and losses resulting from Klimczyk’s burglary of Victims’ home.”
State v. Rose, 2011 Ohio 3616 (Ohio Ct. App. 2011). “” R.C. 2919.18(A)(1). {¶ 11} Pursuant to R.”
State v. Walls, 2014 Ohio 3502 (Ohio Ct. App. 2014). “{¶6} The court was free to believe the purchaser because his firm recollection of the price he paid for the ring meets all the standard criteria for what constitutes credible evidence.”
State v. Smith, Unpublished Decision (10-25-2001) (Ohio Ct. App. 2001). “A trial court may impose restitution as part of a sentence pursuant to R.C, 2919.18(A)(1), which provides: (A) .”
State v. Buxton, 2014 Ohio 507 (Ohio Ct. App. 2014). “On such basis, appellant argued that the trial court did not comply with R.C. 2919.18(A)(1) which provides that if the court imposes restitution at sentencing, the court must determine the amount of restitution at that time.”
State v. Tran, 2012 Ohio 2980 (Ohio Ct. App. 2012). “” R.C. 2919.18(B)(1) states that: For a first, second, or third degree felony violation of any provision of Chapter 2925.”
— Ohio Rev. Code § 2919.18(A) — 2 cases
Women's Med. Prof'l Corp. v. Voinovich, 911 F. Supp. 1051 (S.D. Ohio 1995). “17, and the viability testing requirement in O.R.C. § 2919.18. Defendants have argued that he lacks standing to challenge these provisions, because he only performs the D & X procedure up through the 24th week of pregnancy (Defendant’s Memorandum in Opposition, Doc.”
Women's Med. Prof'l Corp. v. Taft, 114 F. Supp. 2d 664 (S.D. Ohio 2000). “ent the death of the pregnant woman or [medically necessary to prevent] a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman, [or] (2) the physician determines, in good faith and in the exercise of reasonable medical…”
— Ohio Rev. Code § 2919.18(A)(1) — 7 cases
Women's Med. Prof'l Corp. v. Voinovich, 911 F. Supp. 1051 (S.D. Ohio 1995). “17, and the viability testing requirement in O.R.C. § 2919.18. Defendants have argued that he lacks standing to challenge these provisions, because he only performs the D & X procedure up through the 24th week of pregnancy (Defendant’s Memorandum in Opposition, Doc.”
State v. Wilkins, 2014 Ohio 983 (Ohio Ct. App. 2014). “R.C. 2919.18(A)(1). (July 1, 2013 T.pp. 10-11; July 5, 2013 Judgment Entry of Sentencing.”
State v. Klimczyk, 2023 Ohio 3793 (Ohio Ct. App. 2023). “Here, Mr. Andrews advised the trial court about the damages and losses resulting from Klimczyk’s burglary of Victims’ home.”
State v. Rose, 2011 Ohio 3616 (Ohio Ct. App. 2011). “” R.C. 2919.18(A)(1). {¶ 11} Pursuant to R.”
State v. Walls, 2014 Ohio 3502 (Ohio Ct. App. 2014). “{¶6} The court was free to believe the purchaser because his firm recollection of the price he paid for the ring meets all the standard criteria for what constitutes credible evidence.”
— Ohio Rev. Code § 2919.18(A)(2) — 1 case
Women's Med. Prof'l Corp. v. Voinovich, 911 F. Supp. 1051 (S.D. Ohio 1995). “17, and the viability testing requirement in O.R.C. § 2919.18. Defendants have argued that he lacks standing to challenge these provisions, because he only performs the D & X procedure up through the 24th week of pregnancy (Defendant’s Memorandum in Opposition, Doc.”
— Ohio Rev. Code § 2919.18(A)(3) — 1 case
Women's Med. Prof'l Corp. v. Voinovich, 911 F. Supp. 1051 (S.D. Ohio 1995). “17, and the viability testing requirement in O.R.C. § 2919.18. Defendants have argued that he lacks standing to challenge these provisions, because he only performs the D & X procedure up through the 24th week of pregnancy (Defendant’s Memorandum in Opposition, Doc.”
— Ohio Rev. Code § 2919.18(B) — 1 case
Women's Med. Prof'l Corp. v. Voinovich, 911 F. Supp. 1051 (S.D. Ohio 1995). “17, and the viability testing requirement in O.R.C. § 2919.18. Defendants have argued that he lacks standing to challenge these provisions, because he only performs the D & X procedure up through the 24th week of pregnancy (Defendant’s Memorandum in Opposition, Doc.”
— Ohio Rev. Code § 2919.18(B)(1) — 2 cases
State v. Gutierrez, 2025 Ohio 1884 (Ohio Ct. App. 2025). “” R.C. 2919.18(B)(1) further states that “the court shall not impose the mandatory fine” if the offender “alleges in an affidavit filed with the court prior to sentencing that the offender is indigent and unable to pay the mandatory fine and if the court determines the offender…”
State v. Tran, 2012 Ohio 2980 (Ohio Ct. App. 2012). “” R.C. 2919.18(B)(1) states that: For a first, second, or third degree felony violation of any provision of Chapter 2925.”
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