OH HB78

Prohibits purposely performing, inducing, or attempting to perform or induce an abortion when an unborn child is viable, making violation a fourth-degree felony.

Creates affirmative defenses allowing viable abortion if physician determines the child is not viable or if abortion is necessary to prevent death or serious risk of substantial and irreversible impairment of the pregnant woman's major bodily function.

Requires physicians performing post-viability abortions to obtain viability testing, written certification from two independent physicians, use the method providing best chance of fetal survival, have a second physician present for neonatal care, and document all methods considered.

Establishes presumption that an unborn child of at least 24 weeks gestational age is viable, and explicitly excludes conditions related to mental health from justifying post-viability abortion.

Requires physicians to submit abortion reports to the Department of Health within 15 days of discharge and authorizes civil liability, medical license revocation, and reporting requirements for violations.