Bill Text: IN SB0371 | 2013 | Regular Session | Enrolled
Bill Title: Abortion inducing drugs and abortion clinics.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-05-13 - Public Law 136 [SB0371 Detail]
Download: Indiana-2013-SB0371-Enrolled.html
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AN ACT to amend the Indiana Code concerning health.
(1) performs surgical abortion procedures; or
(2) beginning January 1, 2014, provides an abortion inducing drug for the purpose of inducing an abortion.
(b) The term does not include the following:
(1) A hospital that is licensed as a hospital under IC 16-21-2.
(2) An ambulatory outpatient surgical center that is licensed as an ambulatory outpatient surgical center under IC 16-21-2.
(3) A physician's office as long as:
(A) the surgical procedures performed at the physician's office are not primarily surgical abortion procedures; and
(B) abortion inducing drugs are not the primarily dispensed or prescribed drug at the physician's office.
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 1.6. "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.
(1) Establish minimum license qualifications.
(2) Establish the following requirements:
(A) Sanitation standards.
(B) Staff qualifications.
(C) Necessary emergency equipment.
(D) Procedures to provide emergency care.
(E) Quality assurance standards.
(F) Infection control.
(3) Prescribe the operating policies, supervision, and maintenance of medical records.
(4) Establish procedures for the issuance, renewal, denial, and revocation of licenses under this chapter. The rules adopted under this subsection must address the following:
(A) The form and content of the license.
(B) The collection of an annual license fee.
(5) Prescribe the procedures and standards for inspections.
(b) The state department may not exempt an abortion clinic from the requirements described in subsection (a) or the licensure requirements set forth in an administrative rule, including physical plant requirements. This subsection applies to a person applying for a license as an abortion clinic after December 31, 2013.
(1) operates a birthing center or an abortion clinic that is not licensed under this chapter; or
(2) advertises the operation of a birthing center or an abortion clinic that is not licensed under this chapter;
commits a Class A misdemeanor.
JULY 1, 2013]: Sec. 1. (a) Abortion shall in all instances be a criminal
act, except when performed under the following circumstances:
(1) During the first trimester of pregnancy for reasons based upon
the professional, medical judgment of the pregnant woman's
physician if:
(A) the abortion is performed by the physician;
(B) the woman submitting to the abortion has filed her consent
with her physician. However, if in the judgment of the
physician the abortion is necessary to preserve the life of the
woman, her consent is not required; and
(C) the woman submitting to the abortion has filed with her
physician the written consent of her parent or legal guardian
if required under section 4 of this chapter.
However, an abortion inducing drug may not be dispensed,
prescribed, administered, or otherwise given to a pregnant
woman after nine (9) weeks of postfertilization age unless the
Food and Drug Administration has approved the abortion
inducing drug to be used for abortions later than nine (9)
weeks of postfertilization age. A physician shall examine a
pregnant woman in person before prescribing or dispensing
an abortion inducing drug. As used in this subdivision, "in
person" does not include the use of telehealth or telemedicine
services.
(2) For an abortion performed by a surgical procedure, after
the first trimester of pregnancy and before the earlier of viability
of the fetus or twenty (20) weeks of postfertilization age, for
reasons based upon the professional, medical judgment of the
pregnant woman's physician if:
(A) all the circumstances and provisions required for legal
abortion during the first trimester are present and adhered to;
and
(B) the abortion is performed in a hospital or ambulatory
outpatient surgical center (as defined in IC 16-18-2-14).
(3) Except as provided in subsection (b), and for an abortion
performed by a surgical procedure, at the earlier of viability of
the fetus or twenty (20) weeks of postfertilization age and any
time after, for reasons based upon the professional, medical
judgment of the pregnant woman's physician if:
(A) all the circumstances and provisions required for legal
abortion before the earlier of viability of the fetus or twenty
(20) weeks of postfertilization age are present and adhered to;
(B) the abortion is performed in compliance with section 3 of
this chapter; and
(C) before the abortion the attending physician shall certify in
writing to the hospital in which the abortion is to be
performed, that in the attending physician's professional,
medical judgment, after proper examination and review of the
woman's history, the abortion is necessary to prevent a
substantial permanent impairment of the life or physical health
of the pregnant woman. All facts and reasons supporting the
certification shall be set forth by the physician in writing and
attached to the certificate.
(b) A person may not knowingly or intentionally perform a partial
birth abortion unless a physician reasonably believes that:
(1) performing the partial birth abortion is necessary to save the
mother's life; and
(2) no other medical procedure is sufficient to save the mother's
life.
(1) At least eighteen (18) hours before the abortion and in the presence of the pregnant woman, the physician who is to perform the abortion, the referring physician or a physician assistant (as defined in IC 25-27.5-2-10), an advanced practice nurse (as defined in IC 25-23-1-1(b)), or a midwife (as defined in IC 34-18-2-19) to whom the responsibility has been delegated by the physician who is to perform the abortion or the referring physician has informed the pregnant woman orally and in writing of the following:
(A) The name of the physician performing the abortion, the physician's medical license number, and an emergency telephone number where the physician or the physician's designee may be contacted on a twenty-four (24) hour a day, seven (7) day a week basis.
(B) That follow-up care by the physician or the physician's designee (if the designee is licensed under IC 25-22.5) and is available on an appropriate and timely basis when clinically necessary.
(C) The nature of the proposed procedure or information
concerning the abortion inducing drug.
(D) Objective scientific information of the risks of and
alternatives to the procedure or the use of an abortion
inducing drug, including:
(i) the risk of infection and hemorrhage;
(ii) the potential danger to a subsequent pregnancy; and
(iii) the potential danger of infertility.
(E) That human physical life begins when a human ovum is
fertilized by a human sperm.
(F) The probable gestational age of the fetus at the time the
abortion is to be performed, including:
(i) a picture or drawing of a fetus;
(ii) the dimensions of a fetus; and
(iii) relevant information on the potential survival of an
unborn fetus;
at this stage of development.
(G) That objective scientific information shows that a fetus
can feel pain at or before twenty (20) weeks of postfertilization
age.
(H) The medical risks associated with carrying the fetus to
term.
(I) The availability of fetal ultrasound imaging and
auscultation of fetal heart tone services to enable the pregnant
woman to view the image and hear the heartbeat of the fetus
and how to obtain access to these services.
(J) That the pregnancy of a child less than fifteen (15) years of
age may constitute child abuse under Indiana law if the act
included an adult and must be reported to the department of
child services or the local law enforcement agency under
IC 31-33-5.
(2) At least eighteen (18) hours before the abortion, the pregnant
woman will be informed orally and in writing of the following:
(A) That medical assistance benefits may be available for
prenatal care, childbirth, and neonatal care from the county
office of the division of family resources.
(B) That the father of the unborn fetus is legally required to
assist in the support of the child. In the case of rape, the
information required under this clause may be omitted.
(C) That adoption alternatives are available and that adoptive
parents may legally pay the costs of prenatal care, childbirth,
and neonatal care.
(D) That there are physical risks to the pregnant woman in
having an abortion, both during the abortion procedure and
after.
(E) That Indiana has enacted the safe haven law under
IC 31-34-2.5.
(F) The:
(i) Internet web site address of the state department of
health's web site; and
(ii) description of the information that will be provided on
the web site and that are;
described in section 1.5 of this chapter.
(3) The pregnant woman certifies in writing, on a form
developed by the state department, before the abortion is
performed, that:
(A) the information required by subdivisions (1) and (2) has
been provided to the pregnant woman;
(B) the pregnant woman has been offered by the provider the
opportunity to view the fetal ultrasound imaging and hear the
auscultation of the fetal heart tone if the fetal heart tone is
audible and that the woman has:
(i) viewed or refused to view the offered fetal ultrasound
imaging; and
(ii) listened to or refused to listen to the offered auscultation
of the fetal heart tone if the fetal heart tone is audible; and
(C) the pregnant woman has been given a written copy of the
printed materials described in section 1.5 of this chapter.
(4) At least eighteen (18) hours before the abortion and in the
presence of the pregnant woman, the physician who is to
perform the abortion, the referring physician or a physician
assistant (as defined in IC 25-27.5-2-10), an advanced practice
nurse (as defined in IC 25-23-1-1(b)), or a midwife (as defined
in IC 34-18-2-19) to whom the responsibility has been
delegated by the physician who is to perform the abortion or
the referring physician has provided the pregnant woman
with a color copy of the informed consent brochure described
in section 1.5 of this chapter by printing the informed consent
brochure from the state department's Internet web site and
including the following information on the back cover of the
brochure:
(A) The name of the physician performing the abortion
and the physician's medical license number.
(B) An emergency telephone number where the physician
or the physician's designee may be contacted twenty-four
(24) hours a day, seven (7) days a week.
(C) A statement that follow-up care by the physician or the
physician's designee who is licensed under IC 25-22.5 is
available on an appropriate and timely basis when
clinically necessary.
(b) Before an abortion is performed, the provider shall perform,
and the pregnant woman shall view, the fetal ultrasound imaging and
hear the auscultation of the fetal heart tone if the fetal heart tone is
audible unless the pregnant woman certifies in writing, on a form
developed by the state department, before the abortion is performed,
that the pregnant woman:
(1) does not want to view the fetal ultrasound imaging; and
(2) does not want to listen to the auscultation of the fetal heart
tone if the fetal heart tone is audible.
(b) The state department shall
(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 or the use of an abortion inducing drug, 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 informed consent brochure
described in this section, the state department shall use
information and pictures that are available at no cost or nominal
cost to the state department.
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