Bill Text: IN SB0489 | 2013 | Regular Session | Introduced
Bill Title: Certification forms before an abortion.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2013-03-12 - First reading: referred to Committee on Public Policy [SB0489 Detail]
Download: Indiana-2013-SB0489-Introduced.html
Citations Affected: IC 16-34-2-1.1.
Synopsis: Certification forms before an abortion. Requires that the
written certification required of a pregnant woman before undergoing
an abortion must be on a form developed by the state department of
health. Requires the abortion provider to be the one to perform
pre-abortion fetal ultrasound imaging and auscultation of the fetal heart
tone. Provides that if the pregnant woman does not want to listen to the
auscultation of the fetal heart tone, she must certify that in writing on
a form developed by the state department of health.
Effective: July 1, 2013.
January 14, 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) 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.
(D) Objective scientific information of the risks of and
alternatives to the procedure, 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.
(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.
