Bill Text: IN SB0371 | 2013 | Regular Session | Introduced
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-Introduced.html
Citations Affected: IC 16-18-2; IC 16-34-3; IC 35-51-16-1.
Synopsis: Abortion inducing drugs. Amends the definition of
"abortion clinic" to include facilities that provide abortion inducing
drugs. 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. Requires a
physician who learns of an adverse event following the use of an
abortion inducing drug to report the adverse event to the Food and
Drug Administration and the medical licensing board. Specifies that
the reports of adverse events related to abortion inducing drugs and
maintained by the medical licensing board are public records. Makes
a violation concerning distribution of an abortion inducing drug and
failure to report an adverse event a Class A misdemeanor.
Effective: July 1, 2013.
January 8, 2013, read first time and referred to Committee on Health and Provider
Services.
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A BILL FOR AN ACT to amend the Indiana Code concerning
health.
(1) performs surgical abortion procedures; or
(2) 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", for purposes of
IC 16-34-3, has the meaning set forth in IC 16-34-3-1.
Chapter 3. Abortion Inducing Drugs
Sec. 1. 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.
Sec. 2. As used in this chapter, "adverse event" means an undesirable experience associated with the use of an abortion inducing drug. The term includes the following incidents:
(1) Death.
(2) Life threatening occurrence.
(3) Hospitalization.
(4) Disability or permanent damage.
(5) Congenital anomaly or birth defect of the fetus.
(6) Medical intervention required to prevent permanent impairment or damage.
Sec. 3. As used in this chapter, "drug label" means the pamphlet or document accompanying an abortion inducing drug that:
(1) outlines the protocol 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. 4. (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 a person to induce an abortion unless the
individual meets the following requirements:
(1) The individual is a physician licensed under IC 25-22.5.
(2) The individual satisfies the protocol outlined in the final
print labeling as approved by the federal Food and Drug
Administration.
(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) Conduct ultrasound imaging or oversee fetal ultrasound
imaging by an individual who is licensed or certified in
Indiana and whose scope of practice within the licensure or
certification includes conducting ultrasound imaging.
(3) Document the following information on the pregnant
woman's medical chart:
(A) The gestational age of the fetus.
(B) The intrauterine location of the fetus.
(4) Provide the following information to the pregnant woman:
(A) A copy of the final printed drug label.
(B) The name and telephone number for the physician in
which the treating physician has entered into an agreement
under IC 16-34-2-4.5(a)(2) concerning the management of
possible complications for the pregnant woman.
(C) The information required in IC 16-34-2-1.1.
(5) Comply with the admitting privilege requirements set
forth in IC 16-34-2-4.5.
(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 at 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, and
time of the follow-up appointment, a brief description of the efforts
by the physician and the physician's staff to ensure the woman's
return, and the name of the individual who performed the efforts.
Sec. 5. A physician licensed under IC 25-22.5 that gives, sells,
dispenses, administers, prescribes, or otherwise provides an
abortion inducing drug to a pregnant woman shall comply with the
hospital admitting privilege requirements under IC 16-34-2-4.5.
Sec. 6. (a) 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 and who is aware of
a subsequent adverse event from the abortion inducing drug shall
report the adverse event not later than three (3) days following the
physician's knowledge of the adverse event to the following:
(1) The federal Food and Drug Administration through the
federal Medwatch reporting system.
(2) The medical licensing board of Indiana.
(b) The medical licensing board of Indiana shall do the
following:
(1) Compile and retain the reports received under subsection
(a).
(2) Make the reports available as public records and open to
inspection. However, the medical licensing board of Indiana
shall ensure that personally identifiable information
contained in the reports concerning a patient are redacted
before the reports are made available to the public under this
section.
Sec. 7. (a) 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 the drug induced abortion is performed may
not be assessed a penalty under this section.
(b) In addition to the criminal penalty under subsection (a), a
person who violates this chapter may be subject to disciplinary
sanctions under IC 25-1-9 and civil liability for wrongful death and
medical malpractice.
IC 16-19-12-1 (Concerning the state department of health).
IC 16-20-9-1 (Concerning local health departments).
IC 16-21-2-2.5 (Concerning licensure of hospitals).
IC 16-21-5-3 (Concerning licensure of hospitals).
IC 16-21-6-12 (Concerning hospital financial disclosure law).
IC 16-21-7-5 (Concerning hospitals).
IC 16-25-5-8 (Concerning hospices).
IC 16-25-6-1 (Concerning hospices).
IC 16-27-1-15 (Concerning home health agencies).
IC 16-27-2-3 (Concerning home health agencies).
IC 16-27-4-23 (Concerning home health agencies).
IC 16-28-7-5 (Concerning monitors).
IC 16-28-9-3 (Concerning monitors).
IC 16-28-9-4 (Concerning monitors).
IC 16-28-9-5 (Concerning monitors).
IC 16-30-5-1 (Concerning health planning).
IC 16-31-3-16 (Concerning emergency medical services).
IC 16-31-3-22 (Concerning emergency medical services).
IC 16-31-10-2 (Concerning emergency medical services).
IC 16-34-2-5 (Concerning abortion).
IC 16-34-2-6 (Concerning abortion).
IC 16-34-2-7 (Concerning abortion).
IC 16-34-3-7 (Concerning abortion).
IC 16-36-4-15 (Concerning medical consent).
IC 16-36-4-16 (Concerning medical consent).
IC 16-36-5-27 (Concerning medical consent).
IC 16-36-5-28 (Concerning medical consent).
IC 16-37-1-12 (Concerning vital statistics).
IC 16-37-1-13 (Concerning vital statistics).
IC 16-37-2-2.1 (Concerning vital statistics).
IC 16-37-2-19 (Concerning vital statistics).
IC 16-37-3-16 (Concerning vital statistics).
IC 16-38-5-4 (Concerning health registries).
IC 16-39-7.1-3 (Concerning health records).
IC 16-39-7.1-6 (Concerning health records).
IC 16-41-1-3 (Concerning communicable diseases).
IC 16-41-2-9 (Concerning communicable diseases).
IC 16-41-3-3 (Concerning communicable diseases).
IC 16-41-4-3 (Concerning communicable diseases).
IC 16-41-5-3 (Concerning communicable diseases).
IC 16-41-6-3 (Concerning communicable diseases).
IC 16-41-7-5 (Concerning communicable diseases).
IC 16-41-8-1 (Concerning communicable diseases).
IC 16-41-8-3 (Concerning communicable diseases).
IC 16-41-8-5 (Concerning communicable diseases).
IC 16-41-9-1.5 (Concerning communicable diseases).
IC 16-41-10-5 (Concerning communicable diseases).
IC 16-41-10-7 (Concerning communicable diseases).
IC 16-41-12-13 (Concerning communicable diseases).
IC 16-41-12-14 (Concerning communicable diseases).
IC 16-41-12-15 (Concerning communicable diseases).
IC 16-41-13-3 (Concerning communicable diseases).
IC 16-41-13-4 (Concerning communicable diseases).
IC 16-41-13-6 (Concerning communicable diseases).
IC 16-41-14-13 (Concerning communicable diseases).
IC 16-41-14-15 (Concerning communicable diseases).
IC 16-41-14-16 (Concerning communicable diseases).
IC 16-41-14-17 (Concerning communicable diseases).
IC 16-41-14-20 (Concerning communicable diseases).
IC 16-41-15-18 (Concerning communicable diseases).
IC 16-41-16-11 (Concerning communicable diseases).
IC 16-41-18-6 (Concerning prevention and treatment programs).
IC 16-41-19-10 (Concerning prevention and treatment programs).
IC 16-41-20-13 (Concerning health, sanitation, and safety).
IC 16-41-21-18 (Concerning health, sanitation, and safety).
IC 16-41-21-19 (Concerning health, sanitation, and safety).
IC 16-41-22-21 (Concerning health, sanitation, and safety).
IC 16-41-22-22 (Concerning health, sanitation, and safety).
IC 16-41-23-4 (Concerning health, sanitation, and safety).
IC 16-41-24-11 (Concerning health, sanitation, and safety).
IC 16-41-25-2 (Concerning health, sanitation, and safety).
IC 16-41-27-34 (Concerning health, sanitation, and safety).
IC 16-41-29-5 (Concerning regulation of lodging facilities and bedding materials).
IC 16-41-32-30 (Concerning regulation of lodging facilities and bedding materials).
IC 16-41-33-9 (Concerning pest control).
IC 16-41-34-8 (Concerning pest control).
IC 16-41-35-40 (Concerning radiation).
IC 16-41-38-10 (Concerning radon gas).
IC 16-42-1-16 (Concerning Uniform Food, Drug, and Cosmetic Act).
IC 16-42-1-34 (Concerning Uniform Food, Drug, and Cosmetic Act).
IC 16-42-2-8 (Concerning Uniform Food, Drug, and Cosmetic Act).
IC 16-42-2-9 (Concerning Uniform Food, Drug, and Cosmetic Act).
IC 16-42-3-12 (Concerning Uniform Food, Drug, and Cosmetic Act).
IC 16-42-4-5 (Concerning Uniform Food, Drug, and Cosmetic Act).
IC 16-42-5-26 (Concerning sanitary requirements for food establishments).
IC 16-42-5-27 (Concerning sanitary requirements for food establishments).
IC 16-42-10-13 (Concerning food).
IC 16-42-18-7 (Concerning food).
IC 16-42-19-27 (Concerning the Indiana Legend Drug Act).
IC 16-42-21-4 (Concerning the Indiana Legend Drug Act).
IC 16-44-1-1 (Concerning product labeling and inspection).
IC 16-44-2-22 (Concerning product labeling and inspection).
IC 16-46-6-12 (Concerning state health grants and programs).
