‘She Wins Act:’ Ohio bill pushes for 24-hour abortion waiting period

COLUMBUS, Ohio (WCMH) – While a judge has blocked an Ohio law mandating a 24-hour waiting period for abortions, state lawmakers have introduced a bill to reinstate the requirement.

House Bill 347, sponsored by Reps. Josh Williams (R-Sylvania Township) and Mike Odioso (R-Green Township), would require medical professionals to provide patients seeking an abortion with information about any “physical or psychological” risks at least 24 hours before the procedure. 

The lawmakers have named the legislation the “She Wins Act,” an acronym for “Share the Health and Empower With Informed Notices.”

“The goal is not to create obstacles, but to ensure that when a woman is facing one of the most difficult decisions of her life, she is empowered with clarity, time and honest medical information,” Williams said at the bill’s first hearing in late September. “She should not be rushed or pressured into a decision, and she will not be uninformed in the State of Ohio.”

Under the bill, a meeting with a physician could take place in person, over the phone, on a virtual call or over email. The medical provider would be required to disclose risks associated with both abortion and carrying a pregnancy to full term, as well as alternatives to abortion, such as adoption. The doctor would also have to answer any questions the patient may have. According to a news release, patients could sue if they do not receive such information.

The legislation’s rules would apply to both surgical and medical abortions, but not in cases of miscarriages, ectopic pregnancies or medical emergencies. 

Kellie Copeland, executive director of Abortion Forward, said the proposal conflicts with a Franklin County judge’s August 2024 decision to block an Ohio law that required a 24-hour waiting period for abortions. In that ruling, the court cited a reproductive rights amendment passed by Ohio voters in 2023 that bars the state from interfering with an individual’s right to abortion. If the bill were to pass, legal challenges would likely follow. 

“Courts have already blocked Ohio’s current 24-hour waiting period because it is unconstitutional,” Copeland said. “These politicians want to ignore the will of Ohioans, reinstate this burdensome requirement, and force doctors to give potentially harmful information to patients seeking abortion care.”

Abortion rights groups argue waiting periods burden patients by forcing them to make multiple appointments with a physician, which may be difficult for those who lack time off work or reliable transportation. Waiting periods can also cause patients to miss the gestational window for a preferred abortion method.

“That is the core purpose of this legislation, not patient safety,” Copeland said. 

However, the bill’s sponsors maintain it is not intended to burden patients or healthcare providers. They argue the bill offers flexibility for patients by allowing the meeting to take place virtually. 

“This legislation strikes the right balance,” Odioso said at the September meeting. “It upholds a woman’s constitutional right to seek treatment while ensuring that she is fully informed of the risks and outcomes, while empowering her to make the best decision that is right for her.”

HB 347 is awaiting additional hearings in the House’s Health Committee; it must pass the House and Senate before it could be sent to Gov. Mike DeWine for final approval. Four Republicans are cosponsoring the bill.