Bill Text: IN SB0072 | 2012 | Regular Session | Amended
Bill Title: Abortion matters.
Spectrum: Strong Partisan Bill (Republican 10-1)
Status: (Engrossed - Dead) 2012-02-16 - Representative Cheatham added as cosponsor [SB0072 Detail]
Download: Indiana-2012-SB0072-Amended.html
Citations Affected: IC 16-18; IC 16-21; IC 16-34.
Synopsis: Abortion matters. Establishes a pilot program in Allen
County until July 1, 2015 concerning physical plant requirements for
abortion clinics. Requires the state department of health (state
department) to: (1) inspect the Allen county abortion clinics at least
one time per year during the pilot program; and (2) report to the health
finance commission during the 2014 legislative interim concerning the
pilot program. Requires the state department to develop written
materials to be provided to a pregnant woman setting forth certain
information relating to abortion. Allows the state department to charge
a fee to a provider who requests the materials to defray the cost of
printing and distributing the materials. Specifies that only a physician
who meets certain conditions may administer to a pregnant woman an
abortion inducing drug, and sets forth the procedure the physician must
follow. Establishes a Class A misdemeanor for a violation concerning
requirements related to an abortion inducing drug.
Effective: July 1, 2012.
January 4, 2012, read first time and referred to Committee on Rules and Legislative
Procedure.
January 19, 2012, amended; reassigned to Committee on Health and Provider Services.
January 26, 2012, amended, reported favorably _ Do Pass.
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A BILL FOR AN ACT to amend the Indiana Code concerning
health.
(b) The entities to which this section applies include abortion clinics holding a license under this chapter on July 1, 2012.
(c) An abortion clinic must meet the following requirements:
(1) Be constructed, arranged, modified, or maintained to
ensure the safety and well-being of patients, employees, and
visitors to the clinic.
(2) Provide a physical plant and equipment that meet state
fire prevention and building safety codes or rules established
by the fire prevention and building safety commission or the
state department.
(3) Provide a safe and healthy environment that minimizes
infection exposure and risk to patients, employees, and
visitors to the clinic.
(d) The state department shall inspect an abortion clinic at least
one (1) time per calendar year.
(e) Beginning January 1, 2013, 410 IAC 26-17-2(f) does not
apply to an abortion clinic located in Allen County.
(f) During the 2014 interim, the state department shall report to
the health finance commission established by IC 2-5-23-3
concerning the implementation and effects of this section.
(g) This section expires July 1, 2015.
(1) develop written materials setting forth; and
(2) post Internet web site links
the content described in subsection (b).
(b) The content that must be set forth in written materials developed by the state department
(1) Objective scientific information concerning the probable anatomical and physiological characteristics of a fetus every two (2) weeks of gestational age, including the following:
(A) Realistic pictures in color for each age of the fetus, including the dimensions of the fetus.
(B) Whether there is any possibility of the fetus surviving outside the womb.
(2) Objective scientific information concerning the medical risks associated with each abortion procedure, including the following:
(A) The risks of infection and hemorrhaging.
(B) The potential danger:
(i) to a subsequent pregnancy; or
(ii) of infertility.
(3) Information concerning the medical risks associated with carrying the child to term.
(4) Information that medical assistance benefits may be available for prenatal care, childbirth, and neonatal care.
(5) Information that the biological father is liable for assistance in support of the child, regardless of whether the biological father has offered to pay for an abortion.
(6) Information regarding telephone 211 dialing code services for accessing human services as described in IC 8-1-19.5, and the types of services that are available through this service.
(c) In complying with subsection (b)(6), the state department shall consult with the recognized 211 service providers and the Indiana utility regulatory commission as required by IC 8-1-19.5-9.
(d) In the development of the written materials described in this section, the state department shall use information and pictures that are available to the state department at no cost or nominal cost. The state department may charge a fee to a provider who requests the materials to defray the cost of printing and distributing the materials.
Chapter 3. Abortion Inducing Drugs
Sec. 1. (a) As used in this chapter, "abortion inducing drug" means a medicine, drug, or substance prescribed or dispensed with the intent of terminating a clinically diagnosable pregnancy with the knowledge that the termination will, with reasonable likelihood, cause the death of the fetus. The term includes the off-label use of a drug known to have abortion inducing properties if the drug is prescribed with the intent of causing an abortion.
(b) The term does not include a drug or substance that may be known to cause an abortion when the drug is being prescribed for another medical indication.
Sec. 2. As used in this chapter, "drug label" means the pamphlet or document accompanying an abortion inducing drug that:
(1) outlines the protocol tested and authorized by the federal Food and Drug Administration;
(2) sets forth how the drug is to be used; and
(3) has been agreed upon by the drug manufacturer applying for authorization of the drug by the federal Food and Drug Administration.
Sec. 3. (a) It is unlawful for an individual to knowingly give, sell,
dispense, administer, prescribe, or otherwise provide an abortion
inducing drug to a pregnant woman for the purpose of inducing an
abortion or enabling an individual to induce an abortion unless the
individual meets the following requirements:
(1) Is a physician licensed under IC 25-22.5.
(2) Follows the drug label protocol for the abortion inducing
drug.
(b) Before giving, selling, dispensing, administering, prescribing,
or otherwise providing an abortion inducing drug to a pregnant
woman, a physician licensed under IC 25-22.5 shall do the
following:
(1) Examine in person the pregnant woman.
(2) Provide the following information to the pregnant woman:
(A) An explanation of the process in administering the
abortion inducing drug and possible side effects that could
occur.
(B) The information required in IC 16-34-2-1.1.
(C) If using an agreement described in subdivision (3)(B),
the name and telephone number of the physician with
whom the treating physician has entered into the
agreement.
(3) Either have:
(A) admitting privileges at a hospital located in the county
where the abortion inducing drug is being provided or a
contiguous county; or
(B) an agreement with another physician licensed under
IC 25-22.5 who has the admitting privileges described in
clause (A) concerning the management of possible
complications arising from the use of an abortion inducing
drug.
(4) Obtain written consent from the pregnant woman
concerning the use of an abortion inducing drug.
(c) A physician licensed under IC 25-22.5 who gives, sells,
dispenses, administers, prescribes, or otherwise provides an
abortion inducing drug to a pregnant woman shall schedule a
follow-up appointment with the woman approximately fourteen
(14) days after administration of the abortion inducing drug to:
(1) confirm that the pregnancy is terminated by conducting
ultrasound imaging; and
(2) assess the degree of bleeding experienced by the pregnant
woman.
(d) The physician described in subsection (c) shall make a
reasonable effort to ensure that the pregnant woman returns for
the follow-up appointment described in subsection (c), including
recording in the pregnant woman's medical records the date, the
time, and a brief description of the efforts by the physician and the
physician's staff, and the name of the individual who performed
the efforts.
Sec. 4. This chapter does not affect a physician's duty to comply
with patient privacy laws or the federal Health Insurance
Portability and Accountability Act (42 U.S.C. 201 et seq.).
Sec. 5. A person who intentionally, knowingly, or recklessly
violates this chapter commits an unlawful activity related to an
abortion inducing drug, a Class A misdemeanor. A pregnant
woman upon whom a drug induced abortion is performed may not
be assessed a penalty under this section.
