SB 440

As Introduced
136th General Assembly
   Regular Session  S. B. No. 440
       2025-2026
  Senators Ingram, Hicks-Hudson
  To enact section 3792.02 of the Revised Code to  1
  authorize a pregnant minor to consent to receive  2
  health care to maintain the life or improve the  3
  health of herself or the unborn child she is  4
  carrying.  5
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That section 3792.02 of the Revised Code be  6
enacted to read as follows:  7
     Sec. 3792.02. (A) As used in this section, "health care"  8
means only treatment or services intended to maintain the life  9
or improve the health of either a pregnant minor or the unborn  10
child she is carrying.  11
     (B) Notwithstanding any other provision of law to the  12
contrary, a minor may consent to receive prenatal health care,  13
health care during delivery, and post-delivery health care  14
necessary for physical recovery from the birth prior to being  15
discharged from the hospital. Such care includes family planning  16
services. Such consent is not subject to disaffirmance because  17
the minor has not reached the age of majority. The consent of  18
any other person is not needed to authorize the provision of  19
health care under this section, including consent from any of  20
S. B. No. 440  Page 2
As Introduced
the following: the minor's spouse, parent, or guardian; a person  21
acting in loco parentis to the minor; or the putative father of  22
the unborn child.  23
       (C) At the minor's initial prenatal visit to the health  24
care facility or health care professional, the facility or  25
professional shall request permission from the minor to contact  26
the minor's spouse or any parent, guardian, or person acting in  27
loco parentis to the minor for the purpose of seeking additional  28
medical information that may be necessary or helpful to the  29
provision of proper health care to the minor or her unborn  30
child.  31
       (D) For reasons related to medical treatment, the minor's  32
treating health care professional or that professional's  33
delegate may inform the minor's spouse, parent, or guardian, or  34
a person acting in loco parentis to the minor, regarding the  35
health care provided or needed. However, the health care  36
professional or delegate may not provide information related to  37
the minor's medical history.  38
       (E) A minor's parent or guardian, or a person acting in  39
loco parentis to the minor, is not liable for the cost of  40
treatment or services provided to the minor or her unborn child  41
pursuant to this section.  42
       (F) Nothing in this section abrogates or limits any  43
person's responsibility under section 2151.421 of the Revised  44
Code to report child abuse that is known or reasonably suspected  45
or believed to have occurred, child neglect that is known or  46
reasonably suspected or believed to have occurred, and children  47
who are known to face or are reasonably suspected or believed to  48
be facing a threat of suffering abuse or neglect.  49