Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1217
AN ACT to amend the Indiana Code concerning health.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 16-18-2-214.9 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 214.9. "Mandatory reporter", for
purposes of IC 16-34-6, has the meaning set forth in IC 16-34-6-2.
SECTION 2. IC 16-18-2-282, AS AMENDED BY P.L.153-2018,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 282. (a) "Physician", except as provided in
subsections (b), and (c), and (e), means a licensed physician (as
defined in section 202 of this chapter).
(b) "Physician", for purposes of IC 16-41-12, has the meaning set
forth in IC 16-41-12-7.
(c) "Physician", for purposes of IC 16-37-1-3.1 and IC 16-37-3-5,
means an individual who:
(1) was the physician last in attendance (as defined in section
282.2 of this chapter); or
(2) is licensed under IC 25-22.5.
(d) "Physician", for purposes of IC 16-48-1, is subject to
IC 16-48-1-2.
(e) "Physician", for purposes of IC 16-34-6, has the meaning set
forth in IC 16-34-6-3.
SECTION 3. IC 16-18-2-317.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
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[EFFECTIVE JULY 1, 2022]: Sec. 317.3. "Reproductive health care
facility", for purposes of IC 16-34-6, has the meaning set forth in
IC 16-34-6-4.
SECTION 4. IC 16-34-2-1.1, AS AMENDED BY P.L.218-2021,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 1.1. (a) An abortion shall not be performed except
with the voluntary and informed consent of the pregnant woman upon
whom the abortion is to be performed. Except in the case of a medical
emergency, consent to an abortion is voluntary and informed only if the
following conditions are met:
(1) At least eighteen (18) hours before the abortion and in the
private, not group, 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 registered nurse (as defined in IC 25-23-1-1(b)), or a
certified nurse midwife (as defined in IC 34-18-2-6.5) 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) 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 that includes the
following statement: "Some evidence suggests that effects of
Mifespristone may be avoided, ceased, or reversed if the
second pill, Misoprostol, has not been taken. Immediately
contact the following for more information at (insert
applicable abortion inducing drug reversal Internet web site
and corresponding hotline number)."
(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.
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(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 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.
(K) That Indiana does not allow a fetus to be aborted solely
because of the fetus's race, color, national origin, ancestry, sex,
or diagnosis or potential diagnosis of the fetus having Down
syndrome or any other disability.
(L) That no one has the right to coerce the pregnant
woman to have an abortion.
(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
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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; is;
described in section 1.5 of this chapter.
(G) For the facility in which the abortion is to be performed,
an emergency telephone number that is available and
answered on a twenty-four (24) hour a day, seven (7) day a
week basis.
(H) On a form developed by the state department and as
described in IC 16-34-3, that the pregnant woman has a right
to determine the final disposition of the remains of the aborted
fetus.
(I) On a form developed by the state department, that the
pregnant woman has a right, after a surgical abortion, to:
(i) dispose of the remains of the aborted fetus by interment
in compliance with IC 23-14-54, or cremation through a
licensee (as defined in IC 25-15-2-19) and in compliance
with IC 23-14-31; or
(ii) have the health care facility or abortion clinic dispose of
the remains of the aborted fetus by interment in compliance
with IC 23-14-54, or cremation through a licensee (as
defined in IC 25-15-2-19) and in compliance with
IC 23-14-31, and ask which method of disposition will be
used by the health care facility or abortion clinic.
(J) On a form developed by the state department:
(i) that a pregnant woman, after an abortion induced by an
abortion inducing drug, will expel an aborted fetus; and
(ii) the disposition policy of the health care facility or the
abortion clinic concerning the disposition of the aborted
fetus. The disposition policy must allow the pregnant
woman to return the aborted fetus to the health care facility
or abortion clinic for disposition by interment in compliance
with IC 23-14-54, or cremation through a licensee (as
defined in IC 25-15-2-19) and in compliance with
IC 23-14-31.
(K) On a form developed by the state department, information
concerning any counseling that is available to a pregnant
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woman after having an abortion.
The state department shall develop and distribute the forms
required by clauses (H) through (K).
(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 registered
nurse (as defined in IC 25-23-1-1(b)), or a certified nurse midwife
(as defined in IC 34-18-2-6.5) 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.
(5) At least eighteen (18) hours before an abortion is performed
and at the same time that the pregnant woman receives the
information required by subdivision (1), the provider shall
perform, and the pregnant woman shall view, the fetal ultrasound
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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:
(A) does not want to view the fetal ultrasound imaging; and
(B) does not want to listen to the auscultation of the fetal heart
tone if the fetal heart tone is audible.
A pregnant woman must be advised, prior to the pregnant
woman's decision concerning fetal ultrasound imaging, that an
ultrasound image of the fetus will be provided to the pregnant
woman to keep at no charge to the pregnant woman if the fetal
ultrasound is performed.
(6) At least eighteen (18) hours before the abortion, 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 registered nurse (as
defined in IC 25-23-1-1(b)), or a certified nurse midwife (as
defined in IC 34-18-2-6.5) to whom the responsibility has been
delegated by the physician who is to perform the abortion or
the referring physician shall, in the private, not group,
presence of the pregnant woman, verbally ask the pregnant
woman if she is being coerced to have an abortion.
(b) This subsection applies to a pregnant woman whose unborn
child has been diagnosed with a lethal fetal anomaly. The requirements
of this subsection are in addition to the other requirements of this
section. At least eighteen (18) hours before an abortion is performed on
the pregnant woman, the physician who will perform the abortion shall:
(1) orally and in person, inform the pregnant woman of the
availability of perinatal hospice services; and
(2) provide the pregnant woman copies of the perinatal hospice
brochure developed by the state department under IC 16-25-4.5-4
and the list of perinatal hospice providers and programs
developed under IC 16-25-4.5-5, by printing the perinatal hospice
brochure and list of perinatal hospice providers from the state
department's Internet web site.
(c) If a pregnant woman described in subsection (b) chooses to have
an abortion rather than continuing the pregnancy in perinatal hospice
care, the pregnant woman shall certify in writing, on a form developed
by the state department under IC 16-25-4.5-6, at least eighteen (18)
hours before the abortion is performed, that the pregnant woman has
been provided the information described in subsection (b) in the
manner required by subsection (b).
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(d) For any abortion performed under this article, 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
registered nurse (as defined in IC 25-23-1-1(b)), or a certified nurse
midwife (as defined in IC 34-18-2-6.5) to whom the responsibility has
been delegated by the physician who is to perform the abortion or the
referring physician shall include, or ensure the inclusion of, a copy of
a pregnant woman's ultrasound report in the pregnant woman's patient
file.
(e) If the physician who is to perform the abortion, the referring
physician, a physician assistant (as defined in IC 25-27.5-2-10), an
advanced practice registered nurse (as defined in IC 25-23-1-1(b)),
or a certified nurse midwife (as defined in IC 34-18-2-6.5) suspects
a pregnant woman is being coerced to have an abortion after
making the inquiry required under subsection (a)(6), the physician,
physician assistant, advanced practice registered nurse, or certified
nurse midwife shall:
(1) inform the pregnant woman that coercing a pregnant
woman to have an abortion is illegal;
(2) inform the pregnant woman that a demand by the father
to have an abortion does not relieve him of financial support
responsibilities; and
(3) provide the pregnant woman with:
(A) information about:
(i) assistance;
(ii) counseling; and
(iii) protective services offered by social programs and
local or state law enforcement agencies;
(B) access to a telephone if she needs to make a private
telephone call; and
(C) access to an alternate exit from the health care facility.
(f) Except as provided in subsection (g), if a physician, physician
assistant (as defined in IC 25-27.5-2-10), advanced practice
registered nurse (as defined in IC 25-23-1-1(b)), or certified nurse
midwife (as defined in IC 34-18-2-6.5) has specific and credible
information that a pregnant woman is being coerced into having an
abortion, then an abortion may not be provided to the pregnant
woman during the twenty-four (24) hour period after the
physician, physician assistant (as defined in IC 25-27.5-2-10),
advanced practice registered nurse (as defined in IC 25-23-1-1(b)),
or certified nurse midwife (as defined in IC 34-18-2-6.5) makes a
report under IC 16-34-6-6(b).
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(g) The twenty-four (24) hour period described in subsection (f)
may be waived if a physician, in the physician's best medical
judgment, determines that an abortion is necessary to prevent the
death of the pregnant woman or to prevent substantial and
irreversible injury to a major bodily function of the pregnant
woman.
SECTION 5. IC 16-34-6 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2022]:
Chapter 6. Coerced Abortions
Sec. 1. As used in this chapter, "abortion" has the meaning set
forth in IC 16-18-2-1.
Sec. 2. As used in this chapter, "mandatory reporter" means
any person providing health care services, including:
(1) a physician;
(2) a surgeon;
(3) a physical therapist;
(4) a psychiatrist;
(5) a psychologist;
(6) a medical resident;
(7) a medical intern;
(8) hospital staff;
(9) a licensed nurse;
(10) a nurse's aide;
(11) any emergency medical technician;
(12) a paramedic; and
(13) any:
(A) employee;
(B) staff member; or
(C) volunteer;
at a reproductive health care facility.
Sec. 3. As used in this chapter, "physician" means any person
licensed to practice medicine in Indiana. The term includes a
medical doctor and a doctor of osteopathy.
Sec. 4. As used in this chapter, "reproductive health care
facility" means any office, clinic, or other physical location licensed
by the state to provide surgical or medical abortions, abortion
counseling, abortion referrals, contraceptives, contraceptive
counseling, sex education, or gynecological services.
Sec. 5. A person who knowingly or intentionally coerces a
pregnant woman to have an abortion commits a Level 6 felony.
Sec. 6. (a) A mandatory reporter must report to law
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enforcement every instance of alleged or suspected coerced
abortion. A mandatory reporter may not use discretion in deciding
whether a case should or should not be reported to law
enforcement.
(b) A mandatory reporter must make a report described in
subsection (a) immediately to law enforcement when the coercion
or attempted coercion is brought to the mandatory reporter's
attention.
(c) A mandatory reporter may not delegate the responsibility to
report coercion or attempted coercion under subsection (a) to
another individual.
(d) The mandatory reporter making a report under subsection
(a) shall provide the following information:
(1) The name and address of the pregnant woman.
(2) The name and address of the person who is responsible for
the care or custody of the pregnant woman if she is less than
eighteen (18) years of age.
(3) Any pertinent information relating to the alleged or
suspected coercion or attempted coercion of the pregnant
woman to undergo an abortion.
(e) After receiving a report under subsection (a), a law
enforcement agency must immediately respond and initiate an
investigation. The law enforcement agency shall conduct an
investigation under this chapter in the same manner that the law
enforcement agency would conduct any other criminal
investigation.
(f) A reproductive health care facility that knowingly employs
a mandatory reporter after a mandatory reporter violates this
section commits a Class C infraction.
SECTION 6. IC 35-52-16-23.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 23.5. IC 16-34-6-5 defines a crime
concerning coerced abortion.
HEA 1217 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1217 — Concur