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 authorize a pregnant minor to consent to receive health care to maintain the life or improve the health of herself or the unborn child she is carrying.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 3792.02 of the Revised Code be enacted to read as follows:

Sec. 3792.02. (A) As used in this section, "health care" means only treatment or services intended to maintain the life or improve the health of either a pregnant minor or the unborn child she is carrying.

(B) Notwithstanding any other provision of law to the contrary, a minor may consent to receive prenatal health care, health care during delivery, and post-delivery health care necessary for physical recovery from the birth prior to being discharged from the hospital. Such care includes family planning services. Such consent is not subject to disaffirmance because the minor has not reached the age of majority. The consent of any other person is not needed to authorize the provision of health care under this section, including consent from any of the following: the minor's spouse, parent, or guardian; a person acting in loco parentis to the minor; or the putative father of the unborn child.

(C) At the minor's initial prenatal visit to the health care facility or health care professional, the facility or professional shall request permission from the minor to contact the minor's spouse or any parent, guardian, or person acting in loco parentis to the minor for the purpose of seeking additional medical information that may be necessary or helpful to the provision of proper health care to the minor or her unborn child.

(D) For reasons related to medical treatment, the minor's treating health care professional or that professional's delegate may inform the minor's spouse, parent, or guardian, or a person acting in loco parentis to the minor, regarding the health care provided or needed. However, the health care professional or delegate may not provide information related to the minor's medical history.

(E) A minor's parent or guardian, or a person acting in loco parentis to the minor, is not liable for the cost of treatment or services provided to the minor or her unborn child pursuant to this section.

(F) Nothing in this section abrogates or limits any person's responsibility under section 2151.421 of the Revised Code to report child abuse that is known or reasonably suspected or believed to have occurred, child neglect that is known or reasonably suspected or believed to have occurred, and children who are known to face or are reasonably suspected or believed to be facing a threat of suffering abuse or neglect.