Indiana 2023 Regular Session

Indiana Senate Bill SB0311 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 311
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 16-18-2; IC 16-21; IC 16-31-6.5-2; IC 16-34;
7	7	IC 16-41-16-1; IC 25-1-9.8-10; IC 25-22.5-8-6; IC 25-36.1-2-1;
8	8	IC 27-1-46-10; IC 27-2-25-11; IC 27-8-33; IC 27-13-7-7.5;
9	9	IC 35-41-3-12; IC 35-42-1.
10	10	Synopsis: Abortion. Reestablishes the licensure of abortion clinics.
11	11	Changes statutes concerning when an abortion may be performed.
12	12	Removes the eight week limitation on the use of an abortion inducing
13	13	drug. Allows, rather then requires, the revocation of a physician's
14	14	license for the performance of an abortion in violation of the law.
15	15	Effective: Upon passage.
16	16	Yoder
17	17	January 12, 2023, read first time and referred to Committee on Health and Provider
18	18	Services.
19	19	2023 IN 311—LS 6675/DI 104 Introduced
20	20	First Regular Session of the 123rd General Assembly (2023)
21	21	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
22	22	Constitution) is being amended, the text of the existing provision will appear in this style type,
23	23	additions will appear in this style type, and deletions will appear in this style type.
24	24	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
25	25	provision adopted), the text of the new provision will appear in this style type. Also, the
26	26	word NEW will appear in that style type in the introductory clause of each SECTION that adds
27	27	a new provision to the Indiana Code or the Indiana Constitution.
28	28	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
29	29	between statutes enacted by the 2022 Regular Session of the General Assembly.
30	30	SENATE BILL No. 311
31	31	A BILL FOR AN ACT to amend the Indiana Code concerning
32	32	health.
33	33	Be it enacted by the General Assembly of the State of Indiana:
34	34	1 SECTION 1. IC 16-18-2-1.3 IS ADDED TO THE INDIANA CODE
35	35	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
36	36	3 UPON PASSAGE]: Sec. 1.3. (a) "Abortion clinic", for purposes of
37	37	4 IC 16-21-2, IC 16-34, and IC 16-41-16, means a health care
38	38	5 provider (as defined in section 163(e)(1) of this chapter) that:
39	39	6 (1) performs surgical abortion procedures; or
40	40	7 (2) provides an abortion inducing drug for the purpose of
41	41	8 inducing an abortion.
42	42	9 (b) The term does not include the following:
43	43	10 (1) A hospital that is licensed as a hospital under IC 16-21-2.
44	44	11 (2) An ambulatory outpatient surgical center that is licensed
45	45	12 as an ambulatory outpatient surgical center under IC 16-21-2.
46	46	13 (3) A health care provider that provides, prescribes,
47	47	14 administers, or dispenses an abortion inducing drug to fewer
48	48	15 than five (5) patients per year for the purposes of inducing an
49	49	16 abortion.
50	50	17 SECTION 2. IC 16-18-2-8.5 IS ADDED TO THE INDIANA CODE
51	51	2023 IN 311—LS 6675/DI 104 2
52	52	1 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
53	53	2 UPON PASSAGE]: Sec. 8.5. "Affiliate", for purposes of
54	54	3 IC 16-21-2-11, means any person who directly or indirectly
55	55	4 controls, is controlled by, or is under common control of another
56	56	5 person.
57	57	6 SECTION 3. IC 16-18-2-14, AS AMENDED BY P.L.179-2022(ss),
58	58	7 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
59	59	8 UPON PASSAGE]: Sec. 14. (a) "Ambulatory outpatient surgical
60	60	9 center", for purposes of IC 16-21, IC 16-32-5, and IC 16-38-2, means
61	61	10 a public or private institution that meets the following conditions:
62	62	11 (1) Is established, equipped, and operated primarily for the
63	63	12 purpose of performing surgical procedures and services.
64	64	13 (2) Is operated under the supervision of at least one (1) licensed
65	65	14 physician or under the supervision of the governing board of the
66	66	15 hospital if the center is affiliated with a hospital.
67	67	16 (3) Permits a surgical procedure to be performed only by a
68	68	17 physician, dentist, or podiatrist who meets the following
69	69	18 conditions:
70	70	19 (A) Is qualified by education and training to perform the
71	71	20 surgical procedure.
72	72	21 (B) Is legally authorized to perform the procedure.
73	73	22 (C) Is privileged to perform surgical procedures in at least one
74	74	23 (1) hospital within the county or an Indiana county adjacent to
75	75	24 the county in which the ambulatory outpatient surgical center
76	76	25 is located.
77	77	26 (D) Is admitted to the open staff of the ambulatory outpatient
78	78	27 surgical center.
79	79	28 (4) Requires that a licensed physician with specialized training or
80	80	29 experience in the administration of an anesthetic supervise the
81	81	30 administration of the anesthetic to a patient and remain present in
82	82	31 the facility during the surgical procedure, except when only a
83	83	32 local infiltration anesthetic is administered.
84	84	33 (5) Provides at least one (1) operating room and, if anesthetics
85	85	34 other than local infiltration anesthetics are administered, at least
86	86	35 one (1) postanesthesia recovery room.
87	87	36 (6) Is equipped to perform diagnostic x-ray and laboratory
88	88	37 examinations required in connection with any surgery performed.
89	89	38 (7) Does not provide accommodations for patient stays of longer
90	90	39 than twenty-four (24) hours.
91	91	40 (8) Provides full-time services of registered and licensed nurses
92	92	41 for the professional care of the patients in the postanesthesia
93	93	42 recovery room.
94	94	2023 IN 311—LS 6675/DI 104 3
95	95	1 (9) Has available the necessary equipment and trained personnel
96	96	2 to handle foreseeable emergencies such as a defibrillator for
97	97	3 cardiac arrest, a tracheotomy set for airway obstructions, and a
98	98	4 blood bank or other blood supply.
99	99	5 (10) Maintains a written agreement with at least one (1) hospital
100	100	6 for immediate acceptance of patients who develop complications
101	101	7 or require postoperative confinement.
102	102	8 (11) Provides for the periodic review of the center and the center's
103	103	9 operations by a committee of at least three (3) licensed physicians
104	104	10 having no financial connections with the center.
105	105	11 (12) Maintains adequate medical records for each patient.
106	106	12 (13) Meets all additional minimum requirements as established by
107	107	13 the state department for building and equipment requirements.
108	108	14 (14) Meets the rules and other requirements established by the
109	109	15 state department for the health, safety, and welfare of the patients.
110	110	16 (b) The term does not include a birthing center.
111	111	17 (c) "Ambulatory outpatient surgical center", for purposes of
112	112	18 IC 16-34, refers to an institution described in subsection (a) and that
113	113	19 has a majority ownership by a hospital licensed under IC 16-21.
114	114	20 SECTION 4. IC 16-18-2-163, AS AMENDED BY
115	115	21 P.L.179-2022(ss), SECTION 4, IS AMENDED TO READ AS
116	116	22 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 163. (a) Except as
117	117	23 provided in subsection (c), "health care provider", for purposes of
118	118	24 IC 16-21 and IC 16-41, means any of the following:
119	119	25 (1) An individual, a partnership, a corporation, a professional
120	120	26 corporation, a facility, or an institution licensed or legally
121	121	27 authorized by this state to provide health care or professional
122	122	28 services as a licensed physician, a psychiatric hospital, a hospital,
123	123	29 a health facility, an emergency ambulance service (IC 16-31-3),
124	124	30 a dentist, a registered or licensed practical nurse, a midwife, an
125	125	31 optometrist, a pharmacist, a podiatrist, a chiropractor, a physical
126	126	32 therapist, a respiratory care practitioner, an occupational therapist,
127	127	33 a psychologist, a paramedic, an emergency medical technician, an
128	128	34 advanced emergency medical technician, an athletic trainer, or a
129	129	35 person who is an officer, employee, or agent of the individual,
130	130	36 partnership, corporation, professional corporation, facility, or
131	131	37 institution acting in the course and scope of the person's
132	132	38 employment.
133	133	39 (2) A college, university, or junior college that provides health
134	134	40 care to a student, a faculty member, or an employee, and the
135	135	41 governing board or a person who is an officer, employee, or agent
136	136	42 of the college, university, or junior college acting in the course
137	137	2023 IN 311—LS 6675/DI 104 4
138	138	1 and scope of the person's employment.
139	139	2 (3) A blood bank, community mental health center, community
140	140	3 intellectual disability center, community health center, or migrant
141	141	4 health center.
142	142	5 (4) A home health agency (as defined in IC 16-27-1-2).
143	143	6 (5) A health maintenance organization (as defined in
144	144	7 IC 27-13-1-19).
145	145	8 (6) A health care organization whose members, shareholders, or
146	146	9 partners are health care providers under subdivision (1).
147	147	10 (7) A corporation, partnership, or professional corporation not
148	148	11 otherwise qualified under this subsection that:
149	149	12 (A) provides health care as one (1) of the corporation's,
150	150	13 partnership's, or professional corporation's functions;
151	151	14 (B) is organized or registered under state law; and
152	152	15 (C) is determined to be eligible for coverage as a health care
153	153	16 provider under IC 34-18 for the corporation's, partnership's, or
154	154	17 professional corporation's health care function.
155	155	18 Coverage for a health care provider qualified under this subdivision is
156	156	19 limited to the health care provider's health care functions and does not
157	157	20 extend to other causes of action.
158	158	21 (b) "Health care provider", for purposes of IC 16-35, has the
159	159	22 meaning set forth in subsection (a). However, for purposes of IC 16-35,
160	160	23 the term also includes a health facility (as defined in section 167 of this
161	161	24 chapter).
162	162	25 (c) "Health care provider", for purposes of IC 16-32-5, IC 16-36-5,
163	163	26 IC 16-36-6, and IC 16-41-10 means an individual licensed or
164	164	27 authorized by this state to provide health care or professional services
165	165	28 as:
166	166	29 (1) a licensed physician;
167	167	30 (2) a registered nurse;
168	168	31 (3) a licensed practical nurse;
169	169	32 (4) an advanced practice registered nurse;
170	170	33 (5) a certified nurse midwife;
171	171	34 (6) a paramedic;
172	172	35 (7) an emergency medical technician;
173	173	36 (8) an advanced emergency medical technician;
174	174	37 (9) an emergency medical responder, as defined by section 109.8
175	175	38 of this chapter;
176	176	39 (10) a licensed dentist;
177	177	40 (11) a home health aide, as defined by section 174 of this chapter;
178	178	41 or
179	179	42 (12) a licensed physician assistant.
180	180	2023 IN 311—LS 6675/DI 104 5
181	181	1 The term includes an individual who is an employee or agent of a
182	182	2 health care provider acting in the course and scope of the individual's
183	183	3 employment.
184	184	4 (d) "Health care provider", for purposes of IC 16-36-7, has the
185	185	5 meaning set forth in IC 16-36-7-12.
186	186	6 (e) "Health care provider", for purposes of section 1.3 of this
187	187	7 chapter and IC 16-40-4, means any of the following:
188	188	8 (1) An individual, a partnership, a corporation, a professional
189	189	9 corporation, a facility, or an institution licensed or authorized by
190	190	10 the state to provide health care or professional services as a
191	191	11 licensed physician, a psychiatric hospital, a hospital, a health
192	192	12 facility, an emergency ambulance service (IC 16-31-3), an
193	193	13 ambulatory outpatient surgical center, a dentist, an optometrist, a
194	194	14 pharmacist, a podiatrist, a chiropractor, a psychologist, or a
195	195	15 person who is an officer, employee, or agent of the individual,
196	196	16 partnership, corporation, professional corporation, facility, or
197	197	17 institution acting in the course and scope of the person's
198	198	18 employment.
199	199	19 (2) A blood bank, laboratory, community mental health center,
200	200	20 community intellectual disability center, community health
201	201	21 center, or migrant health center.
202	202	22 (3) A home health agency (as defined in IC 16-27-1-2).
203	203	23 (4) A health maintenance organization (as defined in
204	204	24 IC 27-13-1-19).
205	205	25 (5) A health care organization whose members, shareholders, or
206	206	26 partners are health care providers under subdivision (1).
207	207	27 (6) A corporation, partnership, or professional corporation not
208	208	28 otherwise specified in this subsection that:
209	209	29 (A) provides health care as one (1) of the corporation's,
210	210	30 partnership's, or professional corporation's functions;
211	211	31 (B) is organized or registered under state law; and
212	212	32 (C) is determined to be eligible for coverage as a health care
213	213	33 provider under IC 34-18 for the corporation's, partnership's, or
214	214	34 professional corporation's health care function.
215	215	35 (7) A person that is designated to maintain the records of a person
216	216	36 described in subdivisions (1) through (6).
217	217	37 (f) "Health care provider", for purposes of IC 16-45-4, has the
218	218	38 meaning set forth in 47 CFR 54.601(a).
219	219	39 SECTION 5. IC 16-18-2-306.7, AS ADDED BY P.L.179-2022(ss),
220	220	40 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
221	221	41 UPON PASSAGE]: Sec. 306.7. "Rape or incest", for purposes of
222	222	42 IC 16-34, IC 16-34-2-4, means:
223	223	2023 IN 311—LS 6675/DI 104 6
224	224	1 (1) sexual intercourse with another person if the other person is
225	225	2 related to the person biologically as a parent, child, grandparent,
226	226	3 grandchild, sibling, aunt, uncle, niece, or nephew;
227	227	4 (2) rape (IC 35-42-4-1);
228	228	5 (3) child molesting (IC 35-42-4-3);
229	229	6 (4) child seduction (IC 35-42-4-7); or
230	230	7 (5) sexual misconduct with a minor (IC 35-42-4-9);
231	231	8 even if a person has not been charged with or convicted of the act or
232	232	9 offense. The term includes a delinquent act described in subdivisions
233	233	10 (2) through (5) that would be a crime if committed by an adult.
234	234	11 SECTION 6. IC 16-21-1-7, AS AMENDED BY P.L.179-2022(ss),
235	235	12 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
236	236	13 UPON PASSAGE]: Sec. 7. The executive board may adopt rules under
237	237	14 IC 4-22-2 necessary to protect the health, safety, rights, and welfare of
238	238	15 patients, including the following:
239	239	16 (1) Rules pertaining to the operation and management of
240	240	17 hospitals, ambulatory outpatient surgical centers, abortion
241	241	18 clinics, and birthing centers.
242	242	19 (2) Rules establishing standards for equipment, facilities, and
243	243	20 staffing required for efficient and quality care of patients.
244	244	21 SECTION 7. IC 16-21-2-1, AS AMENDED BY P.L.179-2022(ss),
245	245	22 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
246	246	23 UPON PASSAGE]: Sec. 1. (a) Except as provided in subsection (b),
247	247	24 this chapter applies to all hospitals, ambulatory outpatient surgical
248	248	25 centers, abortion clinics, and birthing centers.
249	249	26 (b) This chapter does not apply to a hospital operated by the federal
250	250	27 government.
251	251	28 (c) This chapter does not affect a statute pertaining to the placement
252	252	29 and adoption of children.
253	253	30 SECTION 8. IC 16-21-2-2, AS AMENDED BY P.L.179-2022(ss),
254	254	31 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
255	255	32 UPON PASSAGE]: Sec. 2. The state department shall license and
256	256	33 regulate:
257	257	34 (1) hospitals;
258	258	35 (2) ambulatory outpatient surgical centers; and
259	259	36 (3) birthing centers; and
260	260	37 (4) abortion clinics.
261	261	38 SECTION 9. IC 16-21-2-2.5, AS AMENDED BY P.L.179-2022(ss),
262	262	39 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
263	263	40 UPON PASSAGE]: Sec. 2.5. (a) The state department shall adopt rules
264	264	41 under IC 4-22-2 to do the following concerning birthing centers and
265	265	42 other facilities as specified: abortion clinics:
266	266	2023 IN 311—LS 6675/DI 104 7
267	267	1 (1) Establish minimum license qualifications.
268	268	2 (2) Establish the following requirements:
269	269	3 (A) Sanitation standards.
270	270	4 (B) Staff qualifications.
271	271	5 (C) Necessary emergency equipment.
272	272	6 (D) Procedures to provide emergency care.
273	273	7 (E) Procedures to monitor patients after the administration of
274	274	8 anesthesia.
275	275	9 (F) Procedures to provide follow-up care for patient
276	276	10 complications.
277	277	11 (G) Quality assurance standards.
278	278	12 (H) Infection control.
279	279	13 (I) Provision of informed consent brochures, as described in
280	280	14 IC 16-34-2-1.5, to hospitals and ambulatory outpatient surgical
281	281	15 centers in English, Spanish, and a third language determined
282	282	16 by the state department, inside abortion clinics.
283	283	17 (J) Provision of a hotline telephone number that provides
284	284	18 assistance for patients who are:
285	285	19 (i) coerced into an abortion; or
286	286	20 (ii) victims of sex trafficking.
287	287	21 (K) Annual training by law enforcement officers on identifying
288	288	22 and assisting women who are:
289	289	23 (i) coerced into an abortion; or
290	290	24 (ii) victims of sex trafficking.
291	291	25 (3) Prescribe the operating policies, supervision, and maintenance
292	292	26 of medical records, including the requirement that all forms that
293	293	27 require a patient signature be stored in the patient's medical
294	294	28 record.
295	295	29 (4) Establish procedures for the issuance, renewal, denial, and
296	296	30 revocation of licenses under this chapter. The rules adopted under
297	297	31 this subsection must address the following:
298	298	32 (A) The form and content of the license.
299	299	33 (B) The collection of an annual license fee.
300	300	34 (5) Prescribe the procedures and standards for inspections.
301	301	35 (6) Prescribe procedures for:
302	302	36 (A) implementing a plan of correction to address any
303	303	37 violations of any provision of this chapter or any rules adopted
304	304	38 under this chapter; and
305	305	39 (B) implementing a system for the state department to follow
306	306	40 if the birthing center or abortion clinic fails to comply with
307	307	41 the plan of correction described in clause (A) and disciplinary
308	308	42 action is needed.
309	309	2023 IN 311—LS 6675/DI 104 8
310	310	1 (b) A person who knowingly or intentionally:
311	311	2 (1) operates a birthing center or an abortion clinic that is not
312	312	3 licensed under this chapter; or
313	313	4 (2) advertises the operation of a birthing center or an abortion
314	314	5 clinic that is not licensed under this chapter;
315	315	6 commits a Class A misdemeanor.
316	316	7 SECTION 10. IC 16-21-2-2.7 IS ADDED TO THE INDIANA
317	317	8 CODE AS A NEW SECTION TO READ AS FOLLOWS
318	318	9 [EFFECTIVE UPON PASSAGE]: Sec. 2.7. The state department
319	319	10 shall inspect an abortion clinic at least one (1) time per calendar
320	320	11 year and may conduct a complaint inspection as needed.
321	321	12 SECTION 11. IC 16-21-2-10, AS AMENDED BY
322	322	13 P.L.179-2022(ss), SECTION 12, IS AMENDED TO READ AS
323	323	14 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. A:
324	324	15 (1) person;
325	325	16 (2) state, county, or local governmental unit; or
326	326	17 (3) division, a department, a board, or an agency of a state,
327	327	18 county, or local governmental unit;
328	328	19 must obtain a license from the state health commissioner under
329	329	20 IC 4-21.5-3-5 before establishing, conducting, operating, or
330	330	21 maintaining a hospital, an ambulatory outpatient surgical center, an
331	331	22 abortion clinic, or a birthing center.
332	332	23 SECTION 12. IC 16-21-2-11, AS AMENDED BY
333	333	24 P.L.179-2022(ss), SECTION 13, IS AMENDED TO READ AS
334	334	25 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11. (a) An
335	335	26 applicant must submit an application for a license on a form prepared
336	336	27 by the state department showing that:
337	337	28 (1) the applicant is of reputable and responsible character;
338	338	29 (2) the applicant is able to comply with the minimum standards
339	339	30 for a hospital, an ambulatory outpatient surgical center, an
340	340	31 abortion clinic, or a birthing center, and with rules adopted under
341	341	32 this chapter; and
342	342	33 (3) the applicant has complied with section 15.4 of this chapter.
343	343	34 (b) The application must contain the following additional
344	344	35 information:
345	345	36 (1) The name of the applicant.
346	346	37 (2) The type of institution to be operated.
347	347	38 (3) The location of the institution.
348	348	39 (4) The name of the person to be in charge of the institution.
349	349	40 (5) If the applicant is a hospital, the range and types of services to
350	350	41 be provided under the general hospital license, including any
351	351	42 service that would otherwise require licensure by the state
352	352	2023 IN 311—LS 6675/DI 104 9
353	353	1 department under the authority of IC 16-19.
354	354	2 (6) Other information the state department requires.
355	355	3 (c) If the department of state revenue notifies the state department
356	356	4 that a person is on the most recent tax warrant list, the state department
357	357	5 shall not issue or renew the person's license until:
358	358	6 (1) the person provides to the state department a statement from
359	359	7 the department of state revenue that the person's tax warrant has
360	360	8 been satisfied; or
361	361	9 (2) the state department receives a notice from the commissioner
362	362	10 of the department of state revenue under IC 6-8.1-8-2(k).
363	363	11 (d) An application for an abortion clinic license must require the
364	364	12 applicant to do the following:
365	365	13 (1) Disclose whether the applicant, or an owner or affiliate of
366	366	14 the applicant, operated an abortion clinic that was closed as
367	367	15 a direct result of patient health and safety concerns.
368	368	16 (2) Disclose whether a principal or clinic staff member was
369	369	17 convicted of a felony.
370	370	18 (3) Disclose whether a principal or clinic staff member was
371	371	19 ever employed by a facility owned or operated by the
372	372	20 applicant that closed as a result of administrative or legal
373	373	21 action.
374	374	22 (4) Provide copies of:
375	375	23 (A) administrative and legal documentation relating to the
376	376	24 information required under subdivisions (1) and (2);
377	377	25 (B) inspection reports; and
378	378	26 (C) violation remediation contracts;
379	379	27 if any.
380	380	28 SECTION 13. IC 16-21-2-14, AS AMENDED BY
381	381	29 P.L.179-2022(ss), SECTION 14, IS AMENDED TO READ AS
382	382	30 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 14. A license to
383	383	31 operate a hospital, an ambulatory outpatient surgical center, an
384	384	32 abortion clinic, or a birthing center:
385	385	33 (1) expires:
386	386	34 (A) one (1) year after the date of issuance for:
387	387	35 (i) an ambulatory outpatient surgical center; and
388	388	36 (ii) a birthing center; and
389	389	37 (iii) an abortion clinic; and
390	390	38 (B) beginning May 1, 2020, two (2) years after the date of
391	391	39 issuance for a hospital;
392	392	40 (2) is not assignable or transferable;
393	393	41 (3) is issued only for the premises named in the application;
394	394	42 (4) must be posted in a conspicuous place in the facility; and
395	395	2023 IN 311—LS 6675/DI 104 10
396	396	1 (5) may be renewed each year, or every two (2) years for a
397	397	2 hospital, upon the payment of a renewal fee at the rate adopted by
398	398	3 the state department under IC 4-22-2.
399	399	4 SECTION 14. IC 16-21-2-16, AS AMENDED BY
400	400	5 P.L.179-2022(ss), SECTION 15, IS AMENDED TO READ AS
401	401	6 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 16. A hospital, an
402	402	7 ambulatory outpatient surgical center, an abortion clinic, or a birthing
403	403	8 center that provides to a patient notice concerning a third party billing
404	404	9 for a service provided to the patient shall ensure that the notice:
405	405	10 (1) conspicuously states that the notice is not a bill;
406	406	11 (2) does not include a tear-off portion; and
407	407	12 (3) is not accompanied by a return mailing envelope.
408	408	13 SECTION 15. IC 16-31-6.5-2, AS AMENDED BY
409	409	14 P.L.179-2022(ss), SECTION 16, IS AMENDED TO READ AS
410	410	15 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. This chapter
411	411	16 does not apply to the following:
412	412	17 (1) A licensed physician.
413	413	18 (2) A hospital, an ambulatory outpatient surgical center, an
414	414	19 abortion clinic, or a birthing center.
415	415	20 (3) A person providing health care in a hospital, an ambulatory
416	416	21 outpatient surgical center, an abortion clinic, or a birthing center
417	417	22 licensed under IC 16-21.
418	418	23 (4) A person or entity certified under IC 16-31-3.
419	419	24 SECTION 16. IC 16-34-1-8, AS AMENDED BY P.L.179-2022(ss),
420	420	25 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
421	421	26 UPON PASSAGE]: Sec. 8. A qualified health plan (as defined in
422	422	27 IC 27-8-33-3) offered under Subtitle D of Title 1 of the federal Patient
423	423	28 Protection and Affordable Care Act (P.L. 111-148) may not provide
424	424	29 coverage for abortion, unless the abortion is permitted under
425	425	30 IC 16-34-2-1. except in the following cases:
426	426	31 (1) The pregnant woman became pregnant through the act of
427	427	32 rape or incest.
428	428	33 (2) An abortion is necessary to avert the pregnant woman's
429	429	34 death or a substantial and irreversible impairment of a major
430	430	35 bodily function of the pregnant woman.
431	431	36 SECTION 17. IC 16-34-1-10, AS AMENDED BY
432	432	37 P.L.179-2022(ss), SECTION 20, IS AMENDED TO READ AS
433	433	38 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. If the state or
434	434	39 an agency of the state has wardship or guardianship of an
435	435	40 unemancipated pregnant minor, the state or agency of the state may not
436	436	41 consent to an abortion unless the abortion is permitted under
437	437	42 IC 16-34-2-1. necessary to avert the unemancipated pregnant
438	438	2023 IN 311—LS 6675/DI 104 11
439	439	1 minor's death or a substantial and irreversible impairment of a
440	440	2 major bodily function of the unemancipated pregnant minor, as
441	441	3 determined by the physician who certifies the determination in
442	442	4 writing.
443	443	5 SECTION 18. IC 16-34-2-1, AS AMENDED BY P.L.179-2022(ss),
444	444	6 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
445	445	7 UPON PASSAGE]: Sec. 1. (a) Abortion shall in all instances be a
446	446	8 criminal act, except when performed under the following
447	447	9 circumstances:
448	448	10 (1) Except as prohibited in IC 16-34-4, before the earlier of
449	449	11 viability of the fetus or twenty (20) weeks of postfertilization age
450	450	12 of the fetus, if: during the first trimester of pregnancy for
451	451	13 reasons based upon the professional, medical judgment of the
452	452	14 pregnant woman's physician if:
453	453	15 (A) for reasons based upon the professional, medical judgment
454	454	16 of the pregnant woman's physician, if either:
455	455	17 (i) the abortion is necessary when reasonable medical
456	456	18 judgment dictates that performing the abortion is necessary
457	457	19 to prevent any serious health risk to the pregnant woman or
458	458	20 to save the pregnant woman's life; or
459	459	21 (ii) the fetus is diagnosed with a lethal fetal anomaly;
460	460	22 (B) (A) the abortion is performed by the physician; in a
461	461	23 hospital licensed under IC 16-21 or an ambulatory outpatient
462	462	24 surgical center (as defined in IC 16-18-2-14) that has a
463	463	25 majority ownership by a hospital licensed under IC 16-21;
464	464	26 (C) (B) the woman submitting to the abortion has filed her
465	465	27 consent with her physician. However, if in the judgment of the
466	466	28 physician the abortion is necessary to preserve the life of the
467	467	29 woman, her consent is not required; and
468	468	30 (D) (C) the woman submitting to the abortion has filed with
469	469	31 her physician the written consent of her parent or legal
470	470	32 guardian if required under section 4 of this chapter. and
471	471	33 (E) before the abortion, the attending physician shall certify in
472	472	34 writing to the hospital or ambulatory outpatient surgical center
473	473	35 in which the abortion is to be performed, that:
474	474	36 (i) in the attending physician's reasonable medical judgment,
475	475	37 performing the abortion is necessary to prevent any serious
476	476	38 health risk to the pregnant woman or to save the pregnant
477	477	39 woman's life; or
478	478	40 (ii) the fetus has been diagnosed with a lethal fetal anomaly.
479	479	41 All facts and reasons supporting the certification shall be set
480	480	42 forth by the physician in writing and attached to the certificate.
481	481	2023 IN 311—LS 6675/DI 104 12
482	482	1 However, under this article, an abortion inducing drug may not be
483	483	2 dispensed, prescribed, administered, or otherwise given to a
484	484	3 pregnant woman after eight (8) weeks of postfertilization age. A
485	485	4 physician must dispense the abortion inducing drug in person and
486	486	5 have the pregnant woman consume the drug in the presence of the
487	487	6 physician. A physician shall examine a pregnant woman in person
488	488	7 before prescribing or dispensing an abortion inducing drug. The
489	489	8 physician shall provide the pregnant woman with a copy of the
490	490	9 manufacturer's instruction sheets and require that the pregnant
491	491	10 woman sign the manufacturer's patient agreement form. A
492	492	11 physician shall also provide, orally and in writing, along with
493	493	12 other discharge information, the following statement: "Some
494	494	13 evidence suggests that the effects of Mifepristone may be
495	495	14 avoided, ceased, or reversed if the second pill, Misoprostol, has
496	496	15 not been taken. Immediately contact the following for more
497	497	16 information at (insert applicable abortion inducing drug reversal
498	498	17 Internet web site website and corresponding hotline number)."
499	499	18 The physician shall retain a copy of the signed patient agreement
500	500	19 form, and the signed physician's agreement form required by the
501	501	20 manufacturer, in the patient's file. As used in this subdivision, "in
502	502	21 person" does not include the use of telehealth or telemedicine
503	503	22 services.
504	504	23 (2) Except as prohibited by IC 16-34-4, during the first ten (10)
505	505	24 after the first trimester of pregnancy and before the earlier of
506	506	25 viability of the fetus or twenty (20) weeks of postfertilization
507	507	26 age of the fetus, for reasons based upon the professional,
508	508	27 medical judgment of the pregnant woman's physician if:
509	509	28 (A) the pregnancy is a result of rape or incest;
510	510	29 (B) (A) all the circumstances and provisions required for legal
511	511	30 abortion set forth in subdivision (1)(C) through (1)(D) 1
512	512	31 during the first trimester are present and adhered to; and
513	513	32 (C) (B) the abortion is performed in a hospital licensed under
514	514	33 IC 16-21 or ambulatory outpatient surgical center (as defined
515	515	34 in IC 16-18-2-14). that has a majority ownership by a hospital
516	516	35 licensed under IC 16-21; and
517	517	36 (D) before the abortion, the attending physician shall certify in
518	518	37 writing to the ambulatory outpatient surgical center or hospital
519	519	38 in which the abortion is to be performed, after proper
520	520	39 examination, the abortion is being performed at the woman's
521	521	40 request because the pregnancy is the result of rape or incest.
522	522	41 All facts and reasons supporting the certification shall be set
523	523	forth by the physician in writing and attached to the certificate.42
524	524	2023 IN 311—LS 6675/DI 104 13
525	525	1 (3) Except as provided in subsection (b) or as prohibited by
526	526	2 IC 16-34-4, at the earlier of viability of the fetus or twenty (20)
527	527	3 weeks of postfertilization age and any time after, for reasons
528	528	4 based upon the professional, medical judgment of the pregnant
529	529	5 woman's physician if:
530	530	6 (A) based on reasonable medical judgment, performing the
531	531	7 abortion is necessary to prevent any serious health risk to the
532	532	8 pregnant woman or to save the pregnant woman's life;
533	533	9 (B) (A) all the circumstances and provisions required for legal
534	534	10 abortion set forth in subdivision (1)(C) through (1)(D) before
535	535	11 the earlier of viability of the fetus or twenty (20) weeks of
536	536	12 postfertilization age are present and adhered to;
537	537	13 (C) (B) the abortion is performed in a hospital licensed under
538	538	14 IC 16-21;
539	539	15 (D) the abortion is performed in compliance with section 3 of
540	540	16 this chapter; and
541	541	17 (E) (C) before the abortion, the attending physician shall
542	542	18 certify in writing to the hospital in which the abortion is to be
543	543	19 performed, that in the attending physician's reasonable
544	544	20 professional, medical judgment, after proper examination
545	545	21 and review of the woman's history, performing the abortion
546	546	22 is necessary to prevent any serious health risk to the pregnant
547	547	23 woman or to save the pregnant woman's life. a substantial
548	548	24 permanent impairment of the life or physical health of the
549	549	25 pregnant woman. All facts and reasons supporting the
550	550	26 certification shall be set forth by the physician in writing and
551	551	27 attached to the certificate.
552	552	28 (b) A person may not knowingly or intentionally perform a partial
553	553	29 birth abortion unless a physician reasonably believes that:
554	554	30 (1) performing the partial birth abortion is necessary to save the
555	555	31 mother's life; and
556	556	32 (2) no other medical procedure is sufficient to save the mother's
557	557	33 life.
558	558	34 (c) A person may not knowingly or intentionally perform a
559	559	35 dismemberment abortion unless reasonable medical judgment dictates
560	560	36 that performing the dismemberment abortion is necessary:
561	561	37 (1) to prevent any serious health risk to the mother; or
562	562	38 (2) to save the mother's life.
563	563	39 (d) Telehealth and telemedicine may not be used to provide any
564	564	40 abortion, including the writing or filling of a prescription for any
565	565	41 purpose that is intended to result in an abortion.
566	566	42 SECTION 19. IC 16-34-2-1.1, AS AMENDED BY
567	567	2023 IN 311—LS 6675/DI 104 14
568	568	1 P.L.179-2022(ss), SECTION 22, IS AMENDED TO READ AS
569	569	2 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1.1. (a) An abortion
570	570	3 shall not be performed except with the voluntary and informed consent
571	571	4 of the pregnant woman upon whom the abortion is to be performed.
572	572	5 Except in the case of a medical emergency, consent to an abortion is
573	573	6 voluntary and informed only if the following conditions are met:
574	574	7 (1) At least eighteen (18) hours before the abortion and in the
575	575	8 private, not group, presence of the pregnant woman, the physician
576	576	9 who is to perform the abortion, the referring physician or a
577	577	10 physician assistant (as defined in IC 25-27.5-2-10), an advanced
578	578	11 practice registered nurse (as defined in IC 25-23-1-1(b)), or a
579	579	12 certified nurse midwife (as defined in IC 34-18-2-6.5) to whom
580	580	13 the responsibility has been delegated by the physician who is to
581	581	14 perform the abortion or the referring physician has informed the
582	582	15 pregnant woman orally and in writing of the following:
583	583	16 (A) The name of the physician performing the abortion, the
584	584	17 physician's medical license number, and an emergency
585	585	18 telephone number where the physician or the physician's
586	586	19 designee may be contacted on a twenty-four (24) hour a day,
587	587	20 seven (7) day a week basis.
588	588	21 (B) That follow-up care by the physician or the physician's
589	589	22 designee (if the designee is licensed under IC 25-22.5) is
590	590	23 available on an appropriate and timely basis when clinically
591	591	24 necessary.
592	592	25 (C) The nature of the proposed procedure or information
593	593	26 concerning the abortion inducing drug that includes the
594	594	27 following statement: "Some evidence suggests that effects of
595	595	28 Mifespristone Mifepristone may be avoided, ceased, or
596	596	29 reversed if the second pill, Misoprostol, has not been taken.
597	597	30 Immediately contact the following for more information at
598	598	31 (insert applicable abortion inducing drug reversal Internet web
599	599	32 site website and corresponding hotline number)."
600	600	33 (D) Objective scientific information of the risks of and
601	601	34 alternatives to the procedure or the use of an abortion inducing
602	602	35 drug, including:
603	603	36 (i) the risk of infection and hemorrhage;
604	604	37 (ii) the potential danger to a subsequent pregnancy; and
605	605	38 (iii) the potential danger of infertility.
606	606	39 (E) That human physical life begins when a human ovum is
607	607	40 fertilized by a human sperm.
608	608	41 (F) The probable gestational age of the fetus at the time the
609	609	42 abortion is to be performed, including:
610	610	2023 IN 311—LS 6675/DI 104 15
611	611	1 (i) a picture of a fetus;
612	612	2 (ii) the dimensions of a fetus; and
613	613	3 (iii) relevant information on the potential survival of an
614	614	4 unborn fetus;
615	615	5 at this stage of development.
616	616	6 (G) That objective scientific information shows that a fetus
617	617	7 can feel pain at or before twenty (20) weeks of postfertilization
618	618	8 age.
619	619	9 (H) The medical risks associated with carrying the fetus to
620	620	10 term.
621	621	11 (I) The availability of fetal ultrasound imaging and
622	622	12 auscultation of fetal heart tone services to enable the pregnant
623	623	13 woman to view the image and hear the heartbeat of the fetus
624	624	14 and how to obtain access to these services.
625	625	15 (J) That the pregnancy of a child less than fifteen (15) years of
626	626	16 age may constitute child abuse under Indiana law if the act
627	627	17 included an adult and must be reported to the department of
628	628	18 child services or the local law enforcement agency under
629	629	19 IC 31-33-5.
630	630	20 (K) That Indiana does not allow a fetus to be aborted solely
631	631	21 because of the fetus's race, color, national origin, ancestry, sex,
632	632	22 or diagnosis or potential diagnosis of the fetus having Down
633	633	23 syndrome or any other disability.
634	634	24 (L) That no one has the right to coerce the pregnant woman to
635	635	25 have an abortion.
636	636	26 (2) At least eighteen (18) hours before the abortion, the pregnant
637	637	27 woman will be informed orally and in writing of the following:
638	638	28 (A) That medical assistance benefits may be available for
639	639	29 prenatal care, childbirth, and neonatal care from the county
640	640	30 office of the division of family resources.
641	641	31 (B) That the father of the unborn fetus is legally required to
642	642	32 assist in the support of the child. In the case of rape, the
643	643	33 information required under this clause may be omitted.
644	644	34 (C) That adoption alternatives are available and that adoptive
645	645	35 parents may legally pay the costs of prenatal care, childbirth,
646	646	36 and neonatal care.
647	647	37 (D) That there are physical risks to the pregnant woman in
648	648	38 having an abortion, both during the abortion procedure and
649	649	39 after.
650	650	40 (E) That Indiana has enacted the safe haven law under
651	651	41 IC 31-34-2.5.
652	652	42 (F) The:
653	653	2023 IN 311—LS 6675/DI 104 16
654	654	1 (i) Internet web site website address of the state department
655	655	2 of health's web site; department's website; and
656	656	3 (ii) description of the information that will be provided on
657	657	4 the web site website and that is;
658	658	5 described in section 1.5 of this chapter.
659	659	6 (G) For the facility in which the abortion is to be performed,
660	660	7 an emergency telephone number that is available and
661	661	8 answered on a twenty-four (24) hour a day, seven (7) day a
662	662	9 week basis.
663	663	10 (H) On a form developed by the state department and as
664	664	11 described in IC 16-34-3, that the pregnant woman has a right
665	665	12 to determine the final disposition of the remains of the aborted
666	666	13 fetus.
667	667	14 (I) On a form developed by the state department, that the
668	668	15 pregnant woman has a right, after a surgical abortion, to:
669	669	16 (i) dispose of the remains of the aborted fetus by interment
670	670	17 in compliance with IC 23-14-54, or cremation through a
671	671	18 licensee (as defined in IC 25-15-2-19) and in compliance
672	672	19 with IC 23-14-31; or
673	673	20 (ii) have the health care facility or abortion clinic dispose
674	674	21 of the remains of the aborted fetus by interment in
675	675	22 compliance with IC 23-14-54, or cremation through a
676	676	23 licensee (as defined in IC 25-15-2-19) and in compliance
677	677	24 with IC 23-14-31, and ask which method of disposition will
678	678	25 be used by the health care facility or abortion clinic.
679	679	26 (J) On a form developed by the state department:
680	680	27 (i) that a pregnant woman, after an abortion induced by an
681	681	28 abortion inducing drug, will expel an aborted fetus; and
682	682	29 (ii) the disposition policy of the health care facility or
683	683	30 abortion clinic concerning the disposition of the aborted
684	684	31 fetus. The disposition policy must allow the pregnant
685	685	32 woman to return the aborted fetus to the health care facility
686	686	33 or abortion clinic for disposition by interment in
687	687	34 compliance with IC 23-14-54, or cremation through a
688	688	35 licensee (as defined in IC 25-15-2-19) and in compliance
689	689	36 with IC 23-14-31.
690	690	37 (K) On a form developed by the state department, information
691	691	38 concerning any counseling that is available to a pregnant
692	692	39 woman after having an abortion.
693	693	40 The state department shall develop and distribute the forms
694	694	41 required by clauses (H) through (K).
695	695	42 (3) The pregnant woman certifies in writing, on a form developed
696	696	2023 IN 311—LS 6675/DI 104 17
697	697	1 by the state department, before the abortion is performed, that:
698	698	2 (A) the information required by subdivisions (1) and (2) has
699	699	3 been provided to the pregnant woman;
700	700	4 (B) the pregnant woman has been offered by the provider the
701	701	5 opportunity to view the fetal ultrasound imaging and hear the
702	702	6 auscultation of the fetal heart tone if the fetal heart tone is
703	703	7 audible and that the woman has:
704	704	8 (i) viewed or refused to view the offered fetal ultrasound
705	705	9 imaging; and
706	706	10 (ii) listened to or refused to listen to the offered auscultation
707	707	11 of the fetal heart tone if the fetal heart tone is audible; and
708	708	12 (C) the pregnant woman has been given a written copy of the
709	709	13 printed materials described in section 1.5 of this chapter.
710	710	14 (4) At least eighteen (18) hours before the abortion and in the
711	711	15 presence of the pregnant woman, the physician who is to perform
712	712	16 the abortion, the referring physician or a physician assistant (as
713	713	17 defined in IC 25-27.5-2-10), an advanced practice registered
714	714	18 nurse (as defined in IC 25-23-1-1(b)), or a certified nurse midwife
715	715	19 (as defined in IC 34-18-2-6.5) to whom the responsibility has
716	716	20 been delegated by the physician who is to perform the abortion or
717	717	21 the referring physician has provided the pregnant woman with a
718	718	22 color copy of the informed consent brochure described in section
719	719	23 1.5 of this chapter by printing the informed consent brochure from
720	720	24 the state department's Internet web site website and including the
721	721	25 following information on the back cover of the brochure:
722	722	26 (A) The name of the physician performing the abortion and the
723	723	27 physician's medical license number.
724	724	28 (B) An emergency telephone number where the physician or
725	725	29 the physician's designee may be contacted twenty-four (24)
726	726	30 hours a day, seven (7) days a week.
727	727	31 (C) A statement that follow-up care by the physician or the
728	728	32 physician's designee who is licensed under IC 25-22.5 is
729	729	33 available on an appropriate and timely basis when clinically
730	730	34 necessary.
731	731	35 (5) At least eighteen (18) hours before an abortion is performed
732	732	36 and at the same time that the pregnant woman receives the
733	733	37 information required by subdivision (1), the provider shall
734	734	38 perform, and the pregnant woman shall view, the fetal ultrasound
735	735	39 imaging and hear the auscultation of the fetal heart tone if the
736	736	40 fetal heart tone is audible unless the pregnant woman certifies in
737	737	41 writing, on a form developed by the state department, before the
738	738	42 abortion is performed, that the pregnant woman:
739	739	2023 IN 311—LS 6675/DI 104 18
740	740	1 (A) does not want to view the fetal ultrasound imaging; and
741	741	2 (B) does not want to listen to the auscultation of the fetal heart
742	742	3 tone if the fetal heart tone is audible.
743	743	4 A pregnant woman must be advised, prior to the pregnant
744	744	5 woman's decision concerning fetal ultrasound imaging, that an
745	745	6 ultrasound image of the fetus will be provided to the pregnant
746	746	7 woman to keep at no charge to the pregnant woman if the fetal
747	747	8 ultrasound is performed.
748	748	9 (6) At least eighteen (18) hours before the abortion, the physician
749	749	10 who is to perform the abortion, the referring physician or a
750	750	11 physician assistant (as defined in IC 25-27.5-2-10), an advanced
751	751	12 practice registered nurse (as defined in IC 25-23-1-1(b)), or a
752	752	13 certified nurse midwife (as defined in IC 34-18-2-6.5) to whom
753	753	14 the responsibility has been delegated by the physician who is to
754	754	15 perform the abortion or the referring physician shall, in the
755	755	16 private, not group, presence of the pregnant woman, verbally ask
756	756	17 the pregnant woman if she is being coerced to have an abortion.
757	757	18 (b) This subsection applies to a pregnant woman whose unborn
758	758	19 child has been diagnosed with a lethal fetal anomaly. The requirements
759	759	20 of this subsection are in addition to the other requirements of this
760	760	21 section. At least eighteen (18) hours before an abortion is performed on
761	761	22 the pregnant woman, the physician who will perform the abortion shall:
762	762	23 (1) orally and in person, inform the pregnant woman of the
763	763	24 availability of perinatal hospice services; and
764	764	25 (2) provide the pregnant woman copies of the perinatal hospice
765	765	26 brochure developed by the state department under IC 16-25-4.5-4
766	766	27 and the list of perinatal hospice providers and programs
767	767	28 developed under IC 16-25-4.5-5, by printing the perinatal hospice
768	768	29 brochure and list of perinatal hospice providers from the state
769	769	30 department's Internet web site. website.
770	770	31 (c) If a pregnant woman described in subsection (b) chooses to have
771	771	32 an abortion rather than continuing the pregnancy in perinatal hospice
772	772	33 care, the pregnant woman shall certify in writing, on a form developed
773	773	34 by the state department under IC 16-25-4.5-6, at least eighteen (18)
774	774	35 hours before the abortion is performed, that the pregnant woman has
775	775	36 been provided the information described in subsection (b) in the
776	776	37 manner required by subsection (b).
777	777	38 (d) For any abortion performed under this article, the physician who
778	778	39 is to perform the abortion, the referring physician or a physician
779	779	40 assistant (as defined in IC 25-27.5-2-10), an advanced practice
780	780	41 registered nurse (as defined in IC 25-23-1-1(b)), or a certified nurse
781	781	42 midwife (as defined in IC 34-18-2-6.5) to whom the responsibility has
782	782	2023 IN 311—LS 6675/DI 104 19
783	783	1 been delegated by the physician who is to perform the abortion or the
784	784	2 referring physician shall include, or ensure the inclusion of, a copy of
785	785	3 a pregnant woman's ultrasound report in the pregnant woman's patient
786	786	4 file.
787	787	5 (e) If the physician who is to perform the abortion, the referring
788	788	6 physician, a physician assistant (as defined in IC 25-27.5-2-10), an
789	789	7 advanced practice registered nurse (as defined in IC 25-23-1-1(b)), or
790	790	8 a certified nurse midwife (as defined in IC 34-18-2-6.5) suspects a
791	791	9 pregnant woman is being coerced to have an abortion after making the
792	792	10 inquiry required under subsection (a)(6), the physician, physician
793	793	11 assistant, advanced practice registered nurse, or certified nurse midwife
794	794	12 shall:
795	795	13 (1) inform the pregnant woman that coercing a pregnant woman
796	796	14 to have an abortion is illegal;
797	797	15 (2) inform the pregnant woman that a demand by the father to
798	798	16 have an abortion does not relieve him of financial support
799	799	17 responsibilities; and
800	800	18 (3) provide the pregnant woman with:
801	801	19 (A) information about:
802	802	20 (i) assistance;
803	803	21 (ii) counseling; and
804	804	22 (iii) protective services offered by social programs and local
805	805	23 or state law enforcement agencies;
806	806	24 (B) access to a telephone if she needs to make a private
807	807	25 telephone call; and
808	808	26 (C) access to an alternate exit from the health care facility.
809	809	27 (f) Except as provided in subsection (g), if a physician, physician
810	810	28 assistant (as defined in IC 25-27.5-2-10), advanced practice registered
811	811	29 nurse (as defined in IC 25-23-1-1(b)), or certified nurse midwife (as
812	812	30 defined in IC 34-18-2-6.5) has specific and credible information that
813	813	31 a pregnant woman is being coerced into having an abortion, then an
814	814	32 abortion may not be provided to the pregnant woman during the
815	815	33 twenty-four (24) hour period after the physician, physician assistant (as
816	816	34 defined in IC 25-27.5-2-10), advanced practice registered nurse (as
817	817	35 defined in IC 25-23-1-1(b)), or certified nurse midwife (as defined in
818	818	36 IC 34-18-2-6.5) makes a report under IC 16-34-6-6(b).
819	819	37 (g) The twenty-four (24) hour period described in subsection (f) may
820	820	38 be waived if a physician, in the physician's best medical judgment,
821	821	39 determines that an abortion is necessary to prevent the death of the
822	822	40 pregnant woman or to prevent substantial and irreversible injury to a
823	823	41 major bodily function of the pregnant woman.
824	824	42 SECTION 20. IC 16-34-2-3, AS AMENDED BY P.L.179-2022(ss),
825	825	2023 IN 311—LS 6675/DI 104 20
826	826	1 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
827	827	2 UPON PASSAGE]: Sec. 3. (a) All abortions performed on and after the
828	828	3 earlier of the time a fetus is viable or the time the postfertilization age
829	829	4 of the fetus is at least twenty (20) weeks shall be:
830	830	5 (1) governed by section 1 1(a)(3) and 1(b) of this chapter;
831	831	6 (2) performed in a hospital having premature birth intensive care
832	832	7 units, unless compliance with this requirement would result in an
833	833	8 increased risk to the life or health of the mother; and
834	834	9 (3) performed in the presence of a second physician as provided
835	835	10 in subsection (b).
836	836	11 (b) An abortion may be performed after the earlier of the time a
837	837	12 fetus is viable or the time the postfertilization age of the fetus is at least
838	838	13 twenty (20) weeks only if there is in attendance a physician, other than
839	839	14 the physician performing the abortion, who shall take control of and
840	840	15 provide immediate care for a child born alive as a result of the abortion.
841	841	16 During the performance of the abortion, the physician performing the
842	842	17 abortion, and after the abortion, the physician required by this
843	843	18 subsection to be in attendance, shall take all reasonable steps in
844	844	19 keeping with good medical practice, consistent with the procedure
845	845	20 used, to preserve the life and health of the viable unborn child.
846	846	21 However, this subsection does not apply if compliance would result in
847	847	22 an increased risk to the life or health of the mother.
848	848	23 (c) Any fetus born alive shall be treated as a person under the law,
849	849	24 and a birth certificate shall be issued certifying the child's birth even
850	850	25 though the child may subsequently die, in which event a death
851	851	26 certificate shall be issued. Failure to take all reasonable steps, in
852	852	27 keeping with good medical practice, to preserve the life and health of
853	853	28 the live born person shall subject the responsible persons to Indiana
854	854	29 laws governing homicide, manslaughter, and civil liability for wrongful
855	855	30 death and medical malpractice.
856	856	31 (d) If, before the abortion, the mother, and if married, her husband,
857	857	32 has or have stated in writing that she does or they do not wish to keep
858	858	33 the child in the event that the abortion results in a live birth, and this
859	859	34 writing is not retracted before the abortion, the child, if born alive, shall
860	860	35 immediately upon birth become a ward of the department of child
861	861	36 services.
862	862	37 SECTION 21. IC 16-34-2-4.5, AS AMENDED BY
863	863	38 P.L.179-2022(ss), SECTION 25, IS AMENDED TO READ AS
864	864	39 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4.5. (a) A physician
865	865	40 may not perform an abortion including an abortion using an abortion
866	866	41 inducing drug, unless the physician:
867	867	42 (1) has admitting privileges in writing at a hospital located in the
868	868	2023 IN 311—LS 6675/DI 104 21
869	869	1 county where abortions are provided or in a contiguous county; or
870	870	2 (2) has entered into a written agreement with a physician who has
871	871	3 written admitting privileges at a hospital in the county or
872	872	4 contiguous county concerning the management of possible
873	873	5 complications of the services provided.
874	874	6 A written agreement described in subdivision (2) must be renewed
875	875	7 annually.
876	876	8 (b) A physician who performs an abortion including an abortion
877	877	9 using an abortion inducing drug, shall notify the patient of the location
878	878	10 of the hospital at which the physician or a physician with whom the
879	879	11 physician has entered into an agreement under subsection (a)(2) has
880	880	12 admitting privileges and where the patient may receive follow-up care
881	881	13 by the physician if complications arise.
882	882	14 (c) A hospital or ambulatory outpatient surgical center in which
883	883	15 abortions are performed An abortion clinic shall:
884	884	16 (1) keep at the hospital or ambulatory outpatient surgical center
885	885	17 abortion clinic a copy of the admitting privileges of a physician
886	886	18 described in subsection (a)(1) and (a)(2); who is performing
887	887	19 abortions at the hospital or ambulatory outpatient surgical center;
888	888	20 and
889	889	21 (2) submit a copy of the admitting privileges described in
890	890	22 subdivision (1) to the state department as part of the abortion
891	891	23 clinic's licensure. The state department shall verify the validity
892	892	24 of the admitting privileges document. The state department shall
893	893	25 remove any identifying information from the admitting privileges
894	894	26 document before releasing the document under IC 5-14-3.
895	895	27 (d) The state department shall annually submit a copy of the
896	896	28 admitting privileges described in subsection (a)(1) and a copy of the
897	897	29 written agreement described in subsection (a)(2) to:
898	898	30 (1) each hospital located in the county in which the hospital
899	899	31 granting the admitting privileges described in subsection (a) is
900	900	32 located; and
901	901	33 (2) each hospital located in a county that is contiguous to the
902	902	34 county described in subdivision (1);
903	903	35 where abortions are performed.
904	904	36 (e) The state department shall confirm to a member of the public,
905	905	37 upon request, that the admitting privileges required to be submitted
906	906	38 under this section for a hospital or ambulatory outpatient surgical
907	907	39 center an abortion clinic have been received by the state department.
908	908	40 (f) Notwithstanding IC 5-14-3-6 and IC 5-14-3-6.5, this section only
909	909	41 allows for the redaction of information that is described in subsection
910	910	42 (c). This section does not allow the state department to limit the
911	911	2023 IN 311—LS 6675/DI 104 22
912	912	1 disclosure of information in other public documents.
913	913	2 SECTION 22. IC 16-34-2-4.7, AS AMENDED BY
914	914	3 P.L.179-2022(ss), SECTION 26, IS AMENDED TO READ AS
915	915	4 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4.7. (a) As used in
916	916	5 this section, "abortion complication" means only the following physical
917	917	6 or psychological conditions arising from the induction or performance
918	918	7 of an abortion:
919	919	8 (1) Uterine perforation.
920	920	9 (2) Cervical laceration.
921	921	10 (3) Infection.
922	922	11 (4) Vaginal bleeding that qualifies as a Grade 2 or higher adverse
923	923	12 event according to the Common Terminology Criteria for Adverse
924	924	13 Events (CTCAE).
925	925	14 (5) Pulmonary embolism.
926	926	15 (6) Deep vein thrombosis.
927	927	16 (7) Failure to terminate the pregnancy.
928	928	17 (8) Incomplete abortion (retained tissue).
929	929	18 (9) Pelvic inflammatory disease.
930	930	19 (10) Missed ectopic pregnancy.
931	931	20 (11) Cardiac arrest.
932	932	21 (12) Respiratory arrest.
933	933	22 (13) Renal failure.
934	934	23 (14) Shock.
935	935	24 (15) Amniotic fluid embolism.
936	936	25 (16) Coma.
937	937	26 (17) Placenta previa in subsequent pregnancies.
938	938	27 (18) Pre-term delivery in subsequent pregnancies.
939	939	28 (19) Free fluid in the abdomen.
940	940	29 (20) Hemolytic reaction due to the administration of
941	941	30 ABO-incompatible blood or blood products.
942	942	31 (21) Hypoglycemia occurring while the patient is being treated at
943	943	32 the hospital or ambulatory outpatient surgical center. an abortion
944	944	33 clinic.
945	945	34 (22) Allergic reaction to anesthesia or abortion inducing drugs.
946	946	35 (23) Psychological complications, including depression, suicidal
947	947	36 ideation, anxiety, and sleeping disorders.
948	948	37 (24) Death.
949	949	38 (25) Any other adverse event as defined by criteria provided in
950	950	39 the Food and Drug Administration Safety Information and
951	951	40 Adverse Event Reporting Program.
952	952	41 (b) The following persons shall report to the state department each
953	953	42 case in which the person treated a patient suffering from an abortion
954	954	2023 IN 311—LS 6675/DI 104 23
955	955	1 complication:
956	956	2 (1) A physician licensed under IC 25-22.5.
957	957	3 (2) A hospital licensed under IC 16-21.
958	958	4 (3) Beginning September 1, 2022, An ambulatory outpatient
959	959	5 surgical center licensed under IC 16-21-2. abortion clinic
960	960	6 licensed under IC 16-21-2-2.5.
961	961	7 (c) The state department shall develop a process for the submission
962	962	8 of a report under this section.
963	963	9 (d) A report under this section shall be submitted to the state
964	964	10 department in the manner prescribed by the state department.
965	965	11 (e) The report under this section must include the following
966	966	12 information concerning the abortion complication:
967	967	13 (1) The date the patient presented for treatment for the abortion
968	968	14 complication.
969	969	15 (2) The age of the patient.
970	970	16 (3) The race of the patient.
971	971	17 (4) The county and state of the patient's residence.
972	972	18 (5) The type of abortion obtained by the patient.
973	973	19 (6) The date of abortion obtained by the patient.
974	974	20 (7) The name of the:
975	975	21 (A) abortion clinic;
976	976	22 (B) medical facility; or
977	977	23 (A) (C) hospital; or
978	978	24 (B) ambulatory outpatient surgical center;
979	979	25 where the patient obtained the abortion.
980	980	26 (8) Whether the patient obtained abortion medication via mail
981	981	27 order or Internet web site, website, and if so, information
982	982	28 identifying the source of the medication.
983	983	29 (9) Whether the complication was previously managed by the
984	984	30 abortion provider or the abortion provider's required back-up
985	985	31 physician.
986	986	32 (10) The name of the medications taken by the patient as part of
987	987	33 the pharmaceutical abortion regimen, if any.
988	988	34 (11) A list of each diagnosed complication.
989	989	35 (12) A list of each treated complication, with a description of the
990	990	36 treatment provided.
991	991	37 (13) Whether the patient's visit to treat the complications was the
992	992	38 original visit or a follow-up visit.
993	993	39 (14) The date of each follow-up visit, if any.
994	994	40 (15) A list of each complication diagnosed at a follow-up visit, if
995	995	41 any.
996	996	42 (16) A list of each complication treated at a follow-up visit, if any.
997	997	2023 IN 311—LS 6675/DI 104 24
998	998	1 (f) On a quarterly basis, Not later than June 30 of each year, the
999	999	2 state department shall compile a public report summarizing the
1000	1000	3 information collected under this section. The report must include
1001	1001	4 statistics for the previous calendar quarter, year, with updated
1002	1002	5 information for the most recent calendar quarter. year.
1003	1003	6 (g) The state department shall summarize the aggregate data from
1004	1004	7 the data submitted under this section and submit the data, on or before
1005	1005	8 June 30 of each year, to the United States Centers for Disease Control
1006	1006	9 and Prevention for its inclusion in the annual Vital Statistics Report.
1007	1007	10 (h) The state department shall ensure that no identifying information
1008	1008	11 of a pregnant woman is included in the report described in subsection
1009	1009	12 (f).
1010	1010	13 (i) This subsection applies after August 31, 2020. Each failure to
1011	1011	14 report an abortion complication as required under this section is a Class
1012	1012	15 B misdemeanor.
1013	1013	16 (j) The state department shall adopt rules under IC 4-22-2 to
1014	1014	17 implement this section.
1015	1015	18 SECTION 23. IC 16-34-2-5, AS AMENDED BY P.L.179-2022(ss),
1016	1016	19 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1017	1017	20 UPON PASSAGE]: Sec. 5. (a) Every health care provider who
1018	1018	21 performs a surgical abortion or provides, prescribes, administers, or
1019	1019	22 dispenses an abortion inducing drug for the purposes of inducing an
1020	1020	23 abortion shall report the performance of the abortion or the provision,
1021	1021	24 prescribing, administration, or dispensing of an abortion inducing drug
1022	1022	25 on a form drafted by the state department, the purpose and function of
1023	1023	26 which shall be the improvement of maternal health and life through the
1024	1024	27 compilation of relevant maternal life and health factors and data, and
1025	1025	28 a further purpose and function shall be to monitor all abortions
1026	1026	29 performed in Indiana to assure the abortions are done only under the
1027	1027	30 authorized provisions of the law. For each abortion performed and
1028	1028	31 abortion inducing drug provided, prescribed, administered, or
1029	1029	32 dispensed, the report shall include, among other things, the following:
1030	1030	33 (1) The age of the patient.
1031	1031	34 (2) Whether a waiver of consent under section 4 of this chapter
1032	1032	35 was obtained.
1033	1033	36 (3) Whether a waiver of notification under section 4 of this
1034	1034	37 chapter was obtained.
1035	1035	38 (4) The date and location, including the facility name and city or
1036	1036	39 town, where the:
1037	1037	40 (A) pregnant woman:
1038	1038	41 (i) provided consent; and
1039	1039	42 (ii) received all information;
1040	1040	2023 IN 311—LS 6675/DI 104 25
1041	1041	1 required under section 1.1 of this chapter; and
1042	1042	2 (B) abortion was performed or the abortion inducing drug was
1043	1043	3 provided, prescribed, administered, or dispensed.
1044	1044	4 (5) The health care provider's full name and address, including the
1045	1045	5 name of the physicians performing the abortion or providing,
1046	1046	6 prescribing, administering, or dispensing the abortion inducing
1047	1047	7 drug.
1048	1048	8 (6) The city and county where the pregnancy termination
1049	1049	9 occurred.
1050	1050	10 (7) The age of the father, or the approximate age of the father if
1051	1051	11 the father's age is unknown.
1052	1052	12 (8) The patient's county and state of residence.
1053	1053	13 (9) The marital status of the patient.
1054	1054	14 (10) The educational level of the patient.
1055	1055	15 (11) The race of the patient.
1056	1056	16 (12) The ethnicity of the patient.
1057	1057	17 (13) The number of the patient's previous live births.
1058	1058	18 (14) The number of the patient's deceased children.
1059	1059	19 (15) The number of the patient's spontaneous pregnancy
1060	1060	20 terminations.
1061	1061	21 (16) The number of the patient's previous induced terminations.
1062	1062	22 (17) The date of the patient's last menses.
1063	1063	23 (18) The physician's determination of the gestation of the fetus in
1064	1064	24 weeks.
1065	1065	25 (19) The reason for the abortion.
1066	1066	26 (20) (19) Whether the patient indicated that the patient was
1067	1067	27 seeking an abortion as a result of being:
1068	1068	28 (A) abused;
1069	1069	29 (B) coerced;
1070	1070	30 (C) harassed; or
1071	1071	31 (D) trafficked.
1072	1072	32 (21) (20) The following information concerning the abortion or
1073	1073	33 the provision, prescribing, administration, or dispensing of the
1074	1074	34 abortion inducing drug:
1075	1075	35 (A) The postfertilization age of the fetus (in weeks).
1076	1076	36 (B) The manner in which the postfertilization age was
1077	1077	37 determined.
1078	1078	38 (C) The gender of the fetus, if detectable.
1079	1079	39 (D) Whether the fetus has been diagnosed with or has a
1080	1080	40 potential diagnosis of having Down syndrome or any other
1081	1081	41 disability.
1082	1082	42 (E) If after the earlier of the time the fetus obtains viability or
1083	1083	2023 IN 311—LS 6675/DI 104 26
1084	1084	1 the time the postfertilization age of the fetus is at least twenty
1085	1085	2 (20) weeks, the medical reason for the performance of the
1086	1086	3 abortion or the provision, prescribing, administration, or
1087	1087	4 dispensing of the abortion inducing drug.
1088	1088	5 (22) (21) For a surgical abortion, the medical procedure used for
1089	1089	6 the abortion and, if the fetus was viable or had a postfertilization
1090	1090	7 age of at least twenty (20) weeks:
1091	1091	8 (A) whether the procedure, in the reasonable judgment of the
1092	1092	9 health care provider, gave the fetus the best opportunity to
1093	1093	10 survive;
1094	1094	11 (B) the basis for the determination that the pregnant woman
1095	1095	12 had a condition described in this chapter that required the
1096	1096	13 abortion to avert the death of or serious impairment to the
1097	1097	14 pregnant woman; and
1098	1098	15 (C) the name of the second doctor present, as required under
1099	1099	16 IC 16-34-2-3(a)(3).
1100	1100	17 (23) (22) For a nonsurgical abortion, the precise drugs provided,
1101	1101	18 prescribed, administered, or dispensed, and the means of delivery
1102	1102	19 of the drugs to the patient.
1103	1103	20 (24) (23) For a nonsurgical abortion, that the manufacturer's
1104	1104	21 instructions were provided to the patient and that the patient
1105	1105	22 signed the patient agreement.
1106	1106	23 (25) (24) For an abortion performed before twenty (20) weeks of
1107	1107	24 postfertilization age of the fetus, early previability termination,
1108	1108	25 the medical indication by diagnosis code for the fetus and the
1109	1109	26 mother.
1110	1110	27 (26) (25) The mother's obstetrical history, including dates of other
1111	1111	28 abortions, if any.
1112	1112	29 (27) (26) Any preexisting medical conditions of the patient that
1113	1113	30 may complicate the abortion.
1114	1114	31 (28) (27) The results of pathological examinations if performed.
1115	1115	32 (29) (28) For a surgical abortion, whether the fetus was delivered
1116	1116	33 alive, and if so, how long the fetus lived.
1117	1117	34 (30) (29) Records of all maternal deaths occurring at the location
1118	1118	35 where the abortion was performed or the abortion inducing drug
1119	1119	36 was provided, prescribed, administered, or dispensed.
1120	1120	37 (31) (30) The date the form was transmitted to the state
1121	1121	38 department and, if applicable, separately to the department of
1122	1122	39 child services.
1123	1123	40 (b) The health care provider shall complete the form provided for in
1124	1124	41 subsection (a) and shall transmit the completed form to the state
1125	1125	42 department, in the manner specified on the form, within thirty (30) days
1126	1126	2023 IN 311—LS 6675/DI 104 27
1127	1127	1 after the date of each abortion. However, if an abortion is for a female
1128	1128	2 who is less than sixteen (16) years of age, the health care provider shall
1129	1129	3 transmit the form to the state department of health and separately to the
1130	1130	4 department of child services within three (3) days after the abortion is
1131	1131	5 performed.
1132	1132	6 (c) The dates supplied on the form may not be redacted for any
1133	1133	7 reason before the form is transmitted as provided in this section.
1134	1134	8 (d) Each failure to complete or timely transmit a form, as required
1135	1135	9 under this section, for each abortion performed or abortion inducing
1136	1136	10 drug that was provided, prescribed, administered, or dispensed, is a
1137	1137	11 Class B misdemeanor.
1138	1138	12 (e) On a quarterly basis, Not later than June 30 of each year, the
1139	1139	13 state department shall compile a public report providing the following:
1140	1140	14 (1) Statistics for the previous calendar quarter year from the
1141	1141	15 information submitted under this section.
1142	1142	16 (2) Statistics for previous calendar years compiled by the state
1143	1143	17 department under this subsection, with updated information for
1144	1144	18 the calendar quarter year that was submitted to the state
1145	1145	19 department after the compilation of the statistics.
1146	1146	20 The state department shall ensure that no identifying information of a
1147	1147	21 pregnant woman is contained in the report.
1148	1148	22 (f) The state department shall:
1149	1149	23 (1) summarize aggregate data from all data submitted under this
1150	1150	24 section; and
1151	1151	25 (2) submit the data, before July 1 of each year, to the United
1152	1152	26 States Centers for Disease Control and Prevention for its inclusion
1153	1153	27 in the annual Vital Statistics Report.
1154	1154	28 SECTION 24. IC 16-34-2-7, AS AMENDED BY P.L.179-2022(ss),
1155	1155	29 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1156	1156	30 UPON PASSAGE]: Sec. 7. (a) Except as provided in subsections (b)
1157	1157	31 and (c), a person who knowingly or intentionally performs an abortion
1158	1158	32 prohibited by section 1 of not expressly provided for in this chapter
1159	1159	33 commits a Level 5 felony.
1160	1160	34 (b) A physician who performs an abortion intentionally or
1161	1161	35 knowingly in violation of section 1(a)(1)(D) 1(a)(1)(C) or 4 of this
1162	1162	36 chapter commits a Class A misdemeanor.
1163	1163	37 (c) A person who knowingly or intentionally performs an abortion
1164	1164	38 in violation of section 1.1 of this chapter commits a Class A infraction.
1165	1165	39 (d) A woman upon whom a partial birth abortion is performed may
1166	1166	40 not be prosecuted for violating or conspiring to violate section 1(b) of
1167	1167	41 this chapter.
1168	1168	42 (e) A woman upon whom a dismemberment abortion is performed
1169	1169	2023 IN 311—LS 6675/DI 104 28
1170	1170	1 may not be prosecuted for violating or conspiring to violate section 1(c)
1171	1171	2 of this chapter.
1172	1172	3 SECTION 25. IC 16-34-3-2, AS AMENDED BY P.L.179-2022(ss),
1173	1173	4 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1174	1174	5 UPON PASSAGE]: Sec. 2. (a) A pregnant woman who has an abortion
1175	1175	6 under this article has the right to have the hospital or ambulatory
1176	1176	7 outpatient surgical center health care facility or abortion clinic
1177	1177	8 dispose of the aborted fetus by interment in compliance with
1178	1178	9 IC 23-14-54, or cremation through a licensee (as defined in
1179	1179	10 IC 25-15-2-19) and in compliance with IC 23-14-31. The pregnant
1180	1180	11 woman who selects to have the hospital or ambulatory outpatient
1181	1181	12 surgical center health care facility or abortion clinic dispose of the
1182	1182	13 aborted fetus has the right to ask which method of disposal will be
1183	1183	14 used by the hospital or ambulatory outpatient surgical center. health
1184	1184	15 care facility or abortion clinic.
1185	1185	16 (b) After receiving the notification and information required by
1186	1186	17 IC 16-34-2-1.1(a)(2)(H), IC 16-34-2-1.1(a)(2)(I), and
1187	1187	18 IC 16-34-2-1.1(a)(2)(J), the pregnant woman shall inform the hospital
1188	1188	19 or ambulatory outpatient surgical center: health care facility or
1189	1189	20 abortion clinic:
1190	1190	21 (1) in writing; and
1191	1191	22 (2) on a form prescribed by the state department;
1192	1192	23 of the pregnant woman's decision for final disposition of the aborted
1193	1193	24 fetus by cremation or interment and, in an abortion induced by an
1194	1194	25 abortion inducing drug, whether the pregnant woman will return the
1195	1195	26 aborted fetus to the hospital or ambulatory outpatient surgical center
1196	1196	27 health care facility or abortion clinic for disposition by interment in
1197	1197	28 compliance with IC 23-14-54, or cremation through a licensee (as
1198	1198	29 defined in IC 25-15-2-19) and in compliance with IC 23-14-31.
1199	1199	30 (c) If the pregnant woman is a minor, the hospital or ambulatory
1200	1200	31 outpatient surgical center health care facility or abortion clinic shall
1201	1201	32 obtain parental consent in the disposition of the aborted fetus unless the
1202	1202	33 minor has received a waiver of parental consent under IC 16-34-2-4.
1203	1203	34 (d) The hospital or ambulatory outpatient surgical center health
1204	1204	35 care facility or abortion clinic shall document the pregnant woman's
1205	1205	36 decision concerning disposition of the aborted fetus in the pregnant
1206	1206	37 woman's medical record.
1207	1207	38 (e) In the case of an abortion induced by an abortion inducing drug,
1208	1208	39 the pregnant woman may return the aborted fetus to the hospital or
1209	1209	40 ambulatory outpatient surgical center health care facility or abortion
1210	1210	41 clinic for disposition by interment in compliance with IC 23-14-54, or
1211	1211	42 cremation through a licensee (as defined in IC 25-15-2-19) and in
1212	1212	2023 IN 311—LS 6675/DI 104 29
1213	1213	1 compliance with IC 23-14-31.
1214	1214	2 SECTION 26. IC 16-34-3-3, AS AMENDED BY P.L.179-2022(ss),
1215	1215	3 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1216	1216	4 UPON PASSAGE]: Sec. 3. If the pregnant woman chooses a location
1217	1217	5 for final disposition other than the location of final disposition that is
1218	1218	6 usual and customary for a hospital or ambulatory outpatient surgical
1219	1219	7 center, health care facility or an abortion clinic, the pregnant woman
1220	1220	8 is responsible for the costs related to the final disposition of the aborted
1221	1221	9 fetus at the chosen location.
1222	1222	10 SECTION 27. IC 16-34-3-4, AS AMENDED BY P.L.179-2022(ss),
1223	1223	11 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1224	1224	12 UPON PASSAGE]: Sec. 4. (a) A hospital or ambulatory outpatient
1225	1225	13 surgical center A health care facility or an abortion clinic having
1226	1226	14 possession of an aborted fetus shall provide for the final disposition of
1227	1227	15 the aborted fetus. The burial transit permit requirements of IC 16-37-3
1228	1228	16 apply to the final disposition of an aborted fetus, which must be
1229	1229	17 interred or cremated. However:
1230	1230	18 (1) a person is not required to designate a name for the aborted
1231	1231	19 fetus on the burial transit permit and the space for a name may
1232	1232	20 remain blank; and
1233	1233	21 (2) any information submitted under this section that may be used
1234	1234	22 to identify the pregnant woman is confidential and must be
1235	1235	23 redacted from any public records maintained under IC 16-37-3.
1236	1236	24 Aborted fetuses may be cremated by simultaneous cremation.
1237	1237	25 (b) If the hospital or ambulatory outpatient surgical center health
1238	1238	26 care facility or abortion clinic conducts the cremation of aborted fetal
1239	1239	27 remains on site, the hospital or ambulatory outpatient surgical center
1240	1240	28 health care facility or abortion clinic must comply with all state laws
1241	1241	29 concerning the cremation of human remains as prescribed in
1242	1242	30 IC 23-14-31. The hospital or ambulatory outpatient surgical center
1243	1243	31 health care facility or abortion clinic must make the onsite cremation
1244	1244	32 equipment available to the state department for inspection at the time
1245	1245	33 the hospital or ambulatory outpatient surgical center health care
1246	1246	34 facility or abortion clinic is inspected. When the hospital or
1247	1247	35 ambulatory outpatient surgical center health care facility or abortion
1248	1248	36 clinic contracts with a licensed funeral home for the disposal of the
1249	1249	37 aborted fetal remains, the contract must be made available for review
1250	1250	38 by the state department at the time the hospital or ambulatory
1251	1251	39 outpatient surgical center health care facility or abortion clinic is
1252	1252	40 inspected.
1253	1253	41 (c) Except in extraordinary circumstances where the required
1254	1254	42 information is unavailable or unknown, a burial transit permit issued
1255	1255	2023 IN 311—LS 6675/DI 104 30
1256	1256	1 under IC 16-37-3 that includes multiple fetal remains must be
1257	1257	2 accompanied by a log prescribed by the state department containing the
1258	1258	3 following information about each fetus included under the burial transit
1259	1259	4 permit:
1260	1260	5 (1) The date of the abortion.
1261	1261	6 (2) Whether the abortion was surgical or induced by an abortion
1262	1262	7 inducing drug.
1263	1263	8 (3) The name of the funeral director licensee who will be
1264	1264	9 retrieving the aborted fetus.
1265	1265	10 (4) In the case of an abortion induced by an abortion inducing
1266	1266	11 drug:
1267	1267	12 (A) whether the pregnant woman will cremate or inter the
1268	1268	13 fetus, or will return the fetus to the hospital or ambulatory
1269	1269	14 outpatient surgical center health care facility or abortion
1270	1270	15 clinic for disposition; and
1271	1271	16 (B) if the pregnant woman returns the fetus to the hospital or
1272	1272	17 ambulatory outpatient surgical center, health care facility or
1273	1273	18 abortion clinic, whether the returned fetus is included in the
1274	1274	19 burial transit permit.
1275	1275	20 The hospital or ambulatory outpatient surgical center health care
1276	1276	21 facility or abortion clinic must keep a copy of the burial transit permit
1277	1277	22 and accompanying log in a permanent file.
1278	1278	23 (d) Each time the fetal remains are transported from one entity to
1279	1279	24 another for disposition, the entity receiving the fetal remains must
1280	1280	25 confirm that the number of fetal remains matches the information
1281	1281	26 contained in the burial transit permit and accompanying log. After final
1282	1282	27 disposition, a copy of the log will be sent back to the hospital or
1283	1283	28 ambulatory outpatient surgical center. health care facility or abortion
1284	1284	29 clinic. The final log will be attached to the original log described in
1285	1285	30 subsection (c) and will be made available for review by the state
1286	1286	31 department at the time of inspection.
1287	1287	32 (e) A hospital or ambulatory outpatient surgical center health care
1288	1288	33 facility or an abortion clinic is responsible for demonstrating to the
1289	1289	34 state department that the hospital or ambulatory outpatient surgical
1290	1290	35 center health care facility or abortion clinic has complied with the
1291	1291	36 protocol provided in this section.
1292	1292	37 (f) A certificate of stillbirth is not required to be issued for an
1293	1293	38 aborted fetus with a gestational age of less than twenty (20) weeks of
1294	1294	39 age.
1295	1295	40 (g) IC 23-14-31-26, IC 23-14-55-2, IC 25-15-9-18, and
1296	1296	41 IC 29-2-19-17 concerning the authorization of disposition of human
1297	1297	42 remains apply to this section.
1298	1298	2023 IN 311—LS 6675/DI 104 31
1299	1299	1 SECTION 28. IC 16-34-4-5, AS AMENDED BY P.L.179-2022(ss),
1300	1300	2 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1301	1301	3 UPON PASSAGE]: Sec. 5. (a) A person may not intentionally perform
1302	1302	4 or attempt to perform an abortion allowed under IC 16-34-2 before the
1303	1303	5 earlier of viability of the fetus or twenty (20) weeks of
1304	1304	6 postfertilization age if the person knows that the pregnant woman is
1305	1305	7 seeking a sex selective abortion.
1306	1306	8 (b) A person may not intentionally perform or attempt to perform an
1307	1307	9 abortion allowed under IC 16-34-2 after viability of the fetus or
1308	1308	10 twenty (20) weeks of postfertilization age if the person knows that
1309	1309	11 the pregnant woman is seeking a sex selective abortion.
1310	1310	12 (c) This section is severable as specified in IC 1-1-1-8.
1311	1311	13 SECTION 29. IC 16-34-4-6, AS AMENDED BY P.L.179-2022(ss),
1312	1312	14 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1313	1313	15 UPON PASSAGE]: Sec. 6. (a) A person may not intentionally perform
1314	1314	16 or attempt to perform an abortion allowed under IC 16-34-2 before the
1315	1315	17 earlier of viability of the fetus or twenty (20) weeks of
1316	1316	18 postfertilization age if the person knows that the pregnant woman is
1317	1317	19 seeking the abortion solely because the fetus has been diagnosed with
1318	1318	20 Down syndrome or has a potential diagnosis of Down syndrome.
1319	1319	21 (b) A person may not intentionally perform or attempt to perform an
1320	1320	22 abortion allowed under IC 16-34-2 after viability of the fetus or
1321	1321	23 twenty (20) weeks of postfertilization age if the person knows that
1322	1322	24 the pregnant woman is seeking the abortion solely because the fetus has
1323	1323	25 been diagnosed with Down syndrome or has a potential diagnosis of
1324	1324	26 Down syndrome.
1325	1325	27 (c) This section is severable as specified in IC 1-1-1-8.
1326	1326	28 SECTION 30. IC 16-34-4-7, AS AMENDED BY P.L.179-2022(ss),
1327	1327	29 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1328	1328	30 UPON PASSAGE]: Sec. 7. (a) A person may not intentionally perform
1329	1329	31 or attempt to perform an abortion allowed under IC 16-34-2 before the
1330	1330	32 earlier of viability of the fetus or twenty (20) weeks of
1331	1331	33 postfertilization age if the person knows that the pregnant woman is
1332	1332	34 seeking the abortion solely because the fetus has been diagnosed with
1333	1333	35 any other disability or has a potential diagnosis of any other disability.
1334	1334	36 (b) A person may not intentionally perform or attempt to perform an
1335	1335	37 abortion allowed under IC 16-34-2 after viability of the fetus or
1336	1336	38 twenty (20) weeks of postfertilization age if the person knows that
1337	1337	39 the pregnant woman is seeking the abortion solely because the fetus has
1338	1338	40 been diagnosed with any other disability or has a potential diagnosis of
1339	1339	41 any other disability.
1340	1340	42 (c) This section is severable as specified in IC 1-1-1-8.
1341	1341	2023 IN 311—LS 6675/DI 104 32
1342	1342	1 SECTION 31. IC 16-34-4-8, AS AMENDED BY P.L.179-2022(ss),
1343	1343	2 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1344	1344	3 UPON PASSAGE]: Sec. 8. (a) A person may not intentionally perform
1345	1345	4 or attempt to perform an abortion allowed under IC 16-34-2 before the
1346	1346	5 earlier of viability of the fetus or twenty (20) weeks of
1347	1347	6 postfertilization age if the person knows that the pregnant woman is
1348	1348	7 seeking the abortion solely because of the race, color, national origin,
1349	1349	8 or ancestry of the fetus.
1350	1350	9 (b) A person may not intentionally perform or attempt to perform an
1351	1351	10 abortion allowed under IC 16-34-2 after viability of the fetus or
1352	1352	11 twenty (20) weeks of postfertilization age if the person knows that
1353	1353	12 the pregnant woman is seeking the abortion solely because of the race,
1354	1354	13 color, national origin, or ancestry of the fetus.
1355	1355	14 (c) This section is severable as specified in IC 1-1-1-8.
1356	1356	15 SECTION 32. IC 16-34-5.1 IS ADDED TO THE INDIANA CODE
1357	1357	16 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
1358	1358	17 UPON PASSAGE]:
1359	1359	18 Chapter 5.1. Miscellaneous Provisions
1360	1360	19 Sec. 1. (a) The state department shall consider the results of an
1361	1361	20 abortion clinic inspection when making a determination
1362	1362	21 concerning the renewal of an abortion clinic license.
1363	1363	22 (b) The state department may not renew the license of an
1364	1364	23 abortion clinic until any noncompliance discovered during the
1365	1365	24 course of an inspection is remedied in a manner prescribed by the
1366	1366	25 state department under 410 IAC 26-2-8.
1367	1367	26 Sec. 2. (a) During the course of an abortion clinic's annual
1368	1368	27 inspection, the state department shall randomly select and review
1369	1369	28 patient files to ensure compliance with inspection form
1370	1370	29 requirements and IC 16-34-2-1.1(d). The number of files selected
1371	1371	30 and reviewed under this subsection shall be consistent with
1372	1372	31 applicable administrative state department provisions concerning
1373	1373	32 patient file inspections.
1374	1374	33 (b) An abortion clinic's failure to comply with IC 16-34-2-1.1(d)
1375	1375	34 shall constitute an inspection violation for purposes of section 1(b)
1376	1376	35 of this chapter.
1377	1377	36 SECTION 33. IC 16-41-16-1, AS AMENDED BY
1378	1378	37 P.L.179-2022(ss), SECTION 37, IS AMENDED TO READ AS
1379	1379	38 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) This chapter
1380	1380	39 applies to persons and facilities that handle infectious waste, including
1381	1381	40 the following:
1382	1382	41 (1) Hospitals.
1383	1383	42 (2) Ambulatory surgical facilities.
1384	1384	2023 IN 311—LS 6675/DI 104 33
1385	1385	1 (3) Medical laboratories.
1386	1386	2 (4) Diagnostic laboratories.
1387	1387	3 (5) Blood centers.
1388	1388	4 (6) Pharmaceutical companies.
1389	1389	5 (7) Academic research laboratories.
1390	1390	6 (8) Industrial research laboratories.
1391	1391	7 (9) Health facilities.
1392	1392	8 (10) Offices of health care providers.
1393	1393	9 (11) Diet or health care clinics.
1394	1394	10 (12) Offices of veterinarians.
1395	1395	11 (13) Veterinary hospitals.
1396	1396	12 (14) Emergency medical services providers.
1397	1397	13 (15) Mortuaries.
1398	1398	14 (16) Abortion clinics.
1399	1399	15 (b) Except as provided in sections 2, 4, and 7.5 of this chapter, this
1400	1400	16 chapter does not apply to:
1401	1401	17 (1) home health agencies; or
1402	1402	18 (2) hospice services delivered in the home of a hospice patient.
1403	1403	19 SECTION 34. IC 25-1-9.8-10, AS AMENDED BY
1404	1404	20 P.L.179-2022(ss), SECTION 40, IS AMENDED TO READ AS
1405	1405	21 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. (a) As used in
1406	1406	22 this chapter, "provider facility" means any of the following:
1407	1407	23 (1) A hospital licensed under IC 16-21-2.
1408	1408	24 (2) An ambulatory outpatient surgical center licensed under
1409	1409	25 IC 16-21-2.
1410	1410	26 (3) An abortion clinic licensed under IC 16-21-2.
1411	1411	27 (3) (4) A birthing center licensed under IC 16-21-2.
1412	1412	28 (4) (5) Except for an urgent care facility (as defined by
1413	1413	29 IC 27-1-46-10.5), a facility that provides diagnostic services to
1414	1414	30 the medical profession or the general public.
1415	1415	31 (5) (6) A laboratory where clinical pathology tests are carried out
1416	1416	32 on specimens to obtain information about the health of a patient.
1417	1417	33 (6) (7) A facility where radiologic and electromagnetic images are
1418	1418	34 made to obtain information about the health of a patient.
1419	1419	35 (7) (8) An infusion center that administers intravenous
1420	1420	36 medications.
1421	1421	37 (b) The term does not include the following:
1422	1422	38 (1) A private mental health institution licensed under IC 12-25.
1423	1423	39 (2) A Medicare certified, freestanding rehabilitation hospital.
1424	1424	40 SECTION 35. IC 25-22.5-8-6, AS AMENDED BY
1425	1425	41 P.L.179-2022(ss), SECTION 41, IS AMENDED TO READ AS
1426	1426	42 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) As used in
1427	1427	2023 IN 311—LS 6675/DI 104 34
1428	1428	1 this section, "abortion" has the meaning set forth in IC 16-18-2-1.
1429	1429	2 (b) Notwithstanding IC 25-1-9, the board
1430	1430	3 (1) may revoke the license of a physician if, after appropriate
1431	1431	4 notice and an opportunity for a hearing, the attorney general
1432	1432	5 proves by a preponderance of the evidence that the physician:
1433	1433	6 (1) failed to transmit the form to the state Indiana department of
1434	1434	7 health as described in IC 16-34-2-5(b); and or
1435	1435	8 (2) shall revoke the license of a physician if, after appropriate
1436	1436	9 notice and an opportunity for a hearing, the attorney general
1437	1437	10 proves by a preponderance of the evidence that the physician
1438	1438	11 performed an abortion in violation of IC 16-34-2-7(a) through
1439	1439	12 IC 16-34-2-7(c) with the intent to avoid the requirements of
1440	1440	13 16-34-2-1. IC 16-34-2.
1441	1441	14 SECTION 36. IC 25-36.1-2-1, AS AMENDED BY
1442	1442	15 P.L.179-2022(ss), SECTION 42, IS AMENDED TO READ AS
1443	1443	16 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. As used in this
1444	1444	17 chapter, "health care facility" means the following:
1445	1445	18 (1) A hospital that is licensed under IC 16-21-2.
1446	1446	19 (2) An ambulatory outpatient surgical center licensed under
1447	1447	20 IC 16-21-2.
1448	1448	21 (3) A birthing center licensed under IC 16-21-2.
1449	1449	22 (4) An abortion clinic licensed under IC 16-21-2.
1450	1450	23 SECTION 37. IC 27-1-46-10, AS AMENDED BY
1451	1451	24 P.L.179-2022(ss), SECTION 43, IS AMENDED TO READ AS
1452	1452	25 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. (a) As used in
1453	1453	26 this chapter, "provider facility" means any of the following:
1454	1454	27 (1) A hospital licensed under IC 16-21-2.
1455	1455	28 (2) An ambulatory outpatient surgical center licensed under
1456	1456	29 IC 16-21-2.
1457	1457	30 (3) An abortion clinic licensed under IC 16-21-2.
1458	1458	31 (3) (4) A birthing center licensed under IC 16-21-2.
1459	1459	32 (4) (5) Except for an urgent care facility, a facility that provides
1460	1460	33 diagnostic services to the medical profession or the general
1461	1461	34 public, including outpatient facilities.
1462	1462	35 (5) (6) A laboratory where clinical pathology tests are carried out
1463	1463	36 on specimens to obtain information about the health of a patient.
1464	1464	37 (6) (7) A facility where radiologic and electromagnetic images are
1465	1465	38 made to obtain information about the health of a patient.
1466	1466	39 (7) (8) An infusion center that administers intravenous
1467	1467	40 medications.
1468	1468	41 (b) The term does not include the following:
1469	1469	42 (1) A private mental health institution licensed under IC 12-25.
1470	1470	2023 IN 311—LS 6675/DI 104 35
1471	1471	1 (2) A Medicare certified, freestanding rehabilitation hospital.
1472	1472	2 SECTION 38. IC 27-2-25-11, AS AMENDED BY
1473	1473	3 P.L.179-2022(ss), SECTION 44, IS AMENDED TO READ AS
1474	1474	4 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11. As used in this
1475	1475	5 chapter, "provider facility" means any of the following:
1476	1476	6 (1) A hospital licensed under IC 16-21-2.
1477	1477	7 (2) An ambulatory outpatient surgical center licensed under
1478	1478	8 IC 16-21-2.
1479	1479	9 (3) An abortion clinic licensed under IC 16-21-2.
1480	1480	10 (3) (4) A birthing center licensed under IC 16-21-2.
1481	1481	11 (4) (5) Except for an urgent care facility (as defined by
1482	1482	12 IC 27-1-46-10.5), a facility that provides diagnostic services to
1483	1483	13 the medical profession or the general public.
1484	1484	14 (5) (6) A laboratory where clinical pathology tests are carried out
1485	1485	15 on specimens to obtain information about the health of a patient.
1486	1486	16 (6) (7) A facility where radiologic and electromagnetic images are
1487	1487	17 made to obtain information about the health of a patient.
1488	1488	18 (7) (8) An infusion center that administers intravenous
1489	1489	19 medications.
1490	1490	20 SECTION 39. IC 27-8-33-1, AS AMENDED BY P.L.179-2022(ss),
1491	1491	21 SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1492	1492	22 UPON PASSAGE]: Sec. 1. As used in this chapter, "abortion" has the
1493	1493	23 meaning set forth in IC 16-18-2-1. means the termination of human
1494	1494	24 pregnancy with an intention other than to produce a live birth or
1495	1495	25 to remove a dead fetus.
1496	1496	26 SECTION 40. IC 27-8-33-4, AS AMENDED BY P.L.179-2022(ss),
1497	1497	27 SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1498	1498	28 UPON PASSAGE]: Sec. 4. A qualified health plan offered under
1499	1499	29 Subtitle D of Title 1 of the federal Patient Protection and Affordable
1500	1500	30 Care Act may not provide coverage for abortion, except when an
1501	1501	31 abortion is permitted under IC 16-34-2-1. in the following cases:
1502	1502	32 (1) The pregnant woman became pregnant through an act of
1503	1503	33 rape or incest.
1504	1504	34 (2) An abortion is necessary to avert the pregnant woman's
1505	1505	35 death or a substantial and irreversible impairment of a major
1506	1506	36 bodily function of the pregnant woman.
1507	1507	37 SECTION 41. IC 27-13-7-7.5, AS AMENDED BY
1508	1508	38 P.L.179-2022(ss), SECTION 47, IS AMENDED TO READ AS
1509	1509	39 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7.5. (a) A health
1510	1510	40 maintenance organization that provides coverage for basic health care
1511	1511	41 services and that is entered into, delivered, amended, or renewed after
1512	1512	42 December 31, 2014, under a group contract or an individual contract
1513	1513	2023 IN 311—LS 6675/DI 104 36
1514	1514	1 may not provide coverage for abortion unless the abortion is permitted
1515	1515	2 under IC 16-34-2-1. except in the following cases:
1516	1516	3 (1) The pregnant woman became pregnant through an act of
1517	1517	4 rape or incest.
1518	1518	5 (2) An abortion is necessary to avert the pregnant woman's
1519	1519	6 death or a substantial and irreversible impairment of a major
1520	1520	7 bodily function of the pregnant woman.
1521	1521	8 (b) A health maintenance organization that enters into a group
1522	1522	9 contract or an individual contract described in subsection (a) may offer
1523	1523	10 coverage for an abortion permitted under IC 16-34-2-1 through a rider
1524	1524	11 or an endorsement.
1525	1525	12 SECTION 42. IC 35-41-3-12 IS REPEALED [EFFECTIVE UPON
1526	1526	13 PASSAGE]. Sec. 12. (a) It is a defense to any crime involving the death
1527	1527	14 of or injury to a fetus that the defendant was a pregnant woman who
1528	1528	15 committed the unlawful act with the intent to terminate her pregnancy.
1529	1529	16 (b) Except as provided in subsection (c), it is a defense to any crime
1530	1530	17 involving the death of or injury to a fetus that the mother of the fetus
1531	1531	18 requested that the defendant terminate her pregnancy, and that the
1532	1532	19 death or injury to the fetus was the result of the defendant's termination
1533	1533	20 or attempted termination of her pregnancy.
1534	1534	21 (c) Subsection (b) is not a defense to:
1535	1535	22 (1) performing an unlawful abortion under IC 16-34-2-7; or
1536	1536	23 (2) feticide (IC 35-42-1-6).
1537	1537	24 SECTION 43. IC 35-42-1-6, AS AMENDED BY P.L.179-2022(ss),
1538	1538	25 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1539	1539	26 UPON PASSAGE]: Sec. 6. (a) This section does not apply to:
1540	1540	27 (1) the pregnant mother whose pregnancy is terminated;
1541	1541	28 (2) a person who in good faith provides medical treatment to a
1542	1542	29 pregnant woman that results in the accidental or unintentional
1543	1543	30 termination of the pregnancy; or
1544	1544	31 (3) a physician licensed under IC 25-22.5 who, upon the request
1545	1545	32 of a pregnant woman, performs a medical procedure to terminate
1546	1546	33 her pregnancy, even if the procedure is not authorized under
1547	1547	34 IC 16-34-2-1.
1548	1548	35 (b) Except as provided in section 6.5 of this chapter, a person
1549	1549	36 who knowingly or intentionally terminates a human pregnancy with an
1550	1550	37 intention other than to produce a live birth or to remove a dead fetus
1551	1551	38 commits feticide, a Level 3 felony.
1552	1552	39 SECTION 44. IC 35-42-1-6.5, AS AMENDED BY
1553	1553	40 P.L.179-2022(ss), SECTION 50, IS AMENDED TO READ AS
1554	1554	41 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6.5. (a) The
1555	1555	42 following sections of this chapter do not apply to an abortion performed
1556	1556	2023 IN 311—LS 6675/DI 104 37
1557	1557	1 in compliance with IC 16-34-2: IC 16-34 or IC 35-1-58.5 (before its
1558	1558	2 repeal):
1559	1559	3 (1) Section 1 (murder).
1560	1560	4 (2) Section 3 (voluntary manslaughter).
1561	1561	5 (3) Section 4 (involuntary manslaughter).
1562	1562	6 (4) Section 6 (feticide).
1563	1563	7 (b) The following sections of this chapter do not apply to a pregnant
1564	1564	8 woman who terminates her own pregnancy or kills a fetus that she is
1565	1565	9 carrying:
1566	1566	10 (1) Section 1 (murder).
1567	1567	11 (2) Section 3 (voluntary manslaughter).
1568	1568	12 (3) Section 4 (involuntary manslaughter).
1569	1569	13 (4) Section 6 (feticide).
1570	1570	14 SECTION 45. [EFFECTIVE UPON PASSAGE] (a) 410 IAC 26
1571	1571	15 (before being voided by P.L. 179-2022(ss), SECTION 51) is
1572	1572	16 reinstated as if the rule was never voided. The publisher of the
1573	1573	17 Indiana Administrative Code and Indiana Register shall republish
1574	1574	18 this article in the Indiana Administrative Code.
1575	1575	19 (b) 410 IAC 26.5 (before being voided by P.L. 179-2022(ss),
1576	1576	20 SECTION 52) is reinstated as if the rule was never voided. The
1577	1577	21 publisher of the Indiana Administrative Code and Indiana Register
1578	1578	22 shall republish this article in the Indiana Administrative Code.
1579	1579	23 (c) This SECTION expires December 31, 2024.
1580	1580	24 SECTION 46. An emergency is declared for this act.
1581	1581	2023 IN 311—LS 6675/DI 104