Want an abortion in Ohio? Republican lawmakers say abortions should meet the “informed consent standards” that all medical care does.
The “She Wins” Act, introduced by state Reps. Mike Odioso, R-Green Twp., and Josh Williams, R-Sylvania Twp., would affirm abortion is a health procedure under the state constitution, in addition to adding the “informed consent standards.” Proponents said the legislation’s goal is to ensure that women are fully briefed on the “physical and psychological risks” associated with abortions.
Informed consent is generally defined as “a process in which a healthcare professional educates a patient about the risks, benefits, and alternatives of a given procedure or intervention.”
“In the wake of Ohio voters’ decision to legalize abortion, we have a new responsibility—not to relitigate that outcome—but to ensure that women facing the weight of an unplanned pregnancy are fully informed, fully supported, and never left alone in that decision,” state Rep. Kellie Deeter, R-Norwalk, said in a statement. “The She Wins Act reflects that commitment.”
In November 2023, Ohio voters approved Issue 1, the Ohio Reproductive Freedom Amendment, a constitutional amendment that assures the right to reproductive health care, including abortions. President Joe Biden and Vice President Kamala Harris praised the vote then.
The bill’s provisions offer updated guidance for physicians to follow when a woman seeks an abortion, ensuring they have the right to all information before making a final decision.
The bill, which hasn’t yet been assigned to a House committee, requires that medical providers secure a patient’s informed consent at least 24 hours before an abortion is performed or induced. Proponents contend that it would align the procedure with the medical profession's standard of care for other procedures.
“When a woman is making one of the most difficult and personal decisions of her life, she deserves the same standard of informed medical care as any other patient undergoing a medical procedure,” Williams said in a statement. “This legislation ensures that women receive clear, complete information about the potential risks and outcomes of abortions, empowering them to make an informed choice.
“It also holds providers accountable when they fail to meet their duty of informed consent,” Williams added. “I believe this bill strikes the right balance—upholding a woman’s constitutional right to seek treatment while protecting her right to make that decision with full knowledge and clarity.”
The bill also creates a cause of action against those who don’t meet the standard of care, which proponents said gives women the chance to seek recourse if they aren’t given information to make an informed decision. It also mandates risks be fully disclosed, including those recognized by the “broader medical establishment,” and gives the State Medical Board the power to expand the required disclosures.
Critics derided the measure, with one calling the proposal “bizarre.”
“Ohio had a medically unnecessary 24-hour waiting period before the passage of the Ohio Reproductive Freedom Amendment,” The Columbus Dispatch quoted Abortion Forward Executive Director Kellie Copeland as saying. It has been ruled unconstitutional by the courts and blocked from enforcement. Politicians like Reps. Josh Williams and Mike Odioso clearly do not care about the law or what is best for patients.”
Proponents disagree.
“The She Wins Act is a necessary and narrowly tailored policy to help women make a more informed choice before undergoing the medical procedure or chemical induction for abortion,” Odioso said in a release. “The bill’s process for better ensuring informed consent avoids overburdensome regulation by permitting the use of telephone, virtual and email communications.
“The bill intends to make sure that women are provided the means and minimum time to understand the potential medical complications of abortion,” Odioso added. “The bill aims to ensure that women are given the opportunity to make the fully informed choice they deserve to protect their physical and mental health.”
