Indiana 2024 Regular Session

Indiana Senate Bill SB0217 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. 217
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 4-6-2-1.1; IC 5-10-8.1-9; IC 12-15-35.5-10;
7	7	IC 16-18-2-1; IC 16-34; IC 16-42-22.5; IC 25-1-9.5-8; IC 27-8-13.4-3;
8	8	IC 27-13-7-7.6; IC 34-6-2-55; IC 35-46-5-1.5; IC 35-52-16-90.5.
9	9	Synopsis: Abortion matters. Prohibits the prescribing or possessing of
10	10	an abortion inducing drug. Provides for the discipline of a practitioner
11	11	and a Class A misdemeanor for a violation of the prohibition with a
12	12	Level 6 felony for subsequent offenses. Establishes a defense to
13	13	possessing an abortion inducing drug. Prohibits a nonprofit
14	14	organization in Indiana from providing or offering to provide financial
15	15	assistance to pay for, offset the cost of, or reimburse the cost of an
16	16	abortion inducing drug. Gives the attorney general concurrent
17	17	jurisdiction of actions concerning abortion inducing drugs. Prohibits
18	18	the state or a political subdivision of the state from assisting an
19	19	individual in seeking or obtaining an abortion. Allows for the state or
20	20	a political subdivision to inform an individual of alternatives to an
21	21	abortion. Requires a woman who is pregnant as a result of rape or
22	22	incest to provide to her physician an affidavit attesting to the rape or
23	23	incest before the physician performs the abortion. Prohibits state
24	24	employee health plans, the state Medicaid program, policies of accident
25	25	and sickness insurance, and health maintenance contracts from
26	26	providing coverage for an abortion inducing drug. Makes conforming
27	27	amendments.
28	28	Effective: July 1, 2024.
29	29	Young M
30	30	January 10, 2024, read first time and referred to Committee on Corrections and Criminal
31	31	Law.
32	32	2024 IN 217—LS 6800/DI 147 Introduced
33	33	Second Regular Session of the 123rd General Assembly (2024)
34	34	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
35	35	Constitution) is being amended, the text of the existing provision will appear in this style type,
36	36	additions will appear in this style type, and deletions will appear in this style type.
37	37	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
38	38	provision adopted), the text of the new provision will appear in this style type. Also, the
39	39	word NEW will appear in that style type in the introductory clause of each SECTION that adds
40	40	a new provision to the Indiana Code or the Indiana Constitution.
41	41	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
42	42	between statutes enacted by the 2023 Regular Session of the General Assembly.
43	43	SENATE BILL No. 217
44	44	A BILL FOR AN ACT to amend the Indiana Code concerning
45	45	health.
46	46	Be it enacted by the General Assembly of the State of Indiana:
47	47	1 SECTION 1. IC 4-6-2-1.1, AS AMENDED BY P.L.205-2013,
48	48	2 SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
49	49	3 JULY 1, 2024]: Sec. 1.1. The attorney general has concurrent
50	50	4 jurisdiction with the prosecuting attorney in the prosecution of the
51	51	5 following:
52	52	6 (1) Actions in which a person is accused of committing, while a
53	53	7 member of an unlawful assembly as defined in IC 35-45-1-1, a
54	54	8 homicide (IC 35-42-1).
55	55	9 (2) Actions in which a person is accused of assisting a criminal
56	56	10 (IC 35-44.1-2-5), if the person alleged to have been assisted is a
57	57	11 person described in subdivision (1).
58	58	12 (3) Actions in which a sheriff is accused of any offense that
59	59	13 involves a failure to protect the life of a prisoner in the sheriff's
60	60	14 custody.
61	61	15 (4) Actions in which a violation of IC 2-8.2-4-6 (concerning
62	62	16 constitutional convention delegates) has occurred.
63	63	17 (5) Actions concerning abortion inducing drugs under
64	64	2024 IN 217—LS 6800/DI 147 2
65	65	1 IC 16-42-22.5.
66	66	2 SECTION 2. IC 5-10-8.1-9 IS ADDED TO THE INDIANA CODE
67	67	3 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
68	68	4 1, 2024]: Sec. 9. (a) As used in this section, "abortion inducing
69	69	5 drug" has the meaning set forth in IC 16-18-2-1.6.
70	70	6 (b) A health benefit plan shall not provide coverage for the
71	71	7 administration of an abortion inducing drug to a covered
72	72	8 individual in violation of IC 16-42-22.5.
73	73	9 SECTION 3. IC 12-15-35.5-10 IS ADDED TO THE INDIANA
74	74	10 CODE AS A NEW SECTION TO READ AS FOLLOWS
75	75	11 [EFFECTIVE JULY 1, 2024]: Sec. 10. The office of the secretary
76	76	12 may not reimburse under Medicaid for an abortion inducing drug
77	77	13 (as defined in IC 16-18-2-1.6).
78	78	14 SECTION 4. IC 16-18-2-1, AS AMENDED BY P.L.136-2013,
79	79	15 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
80	80	16 JULY 1, 2024]: Sec. 1. "Abortion" means the termination of human
81	81	17 pregnancy with an intention other than to produce a live birth or to
82	82	18 remove a dead fetus. The term includes abortions by surgical
83	83	19 procedures and by abortion inducing drugs in violation of
84	84	20 IC 16-42-22.5.
85	85	21 SECTION 5. IC 16-34-1-2 IS AMENDED TO READ AS
86	86	22 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. Neither the state nor
87	87	23 any political subdivision of the state may:
88	88	24 (1) make a payment from any fund under its control for the
89	89	25 performance of an abortion; or
90	90	26 (2) assist an individual in seeking or obtaining an abortion;
91	91	27 unless the abortion is necessary to preserve the life of the pregnant
92	92	28 woman. However, the state or a political subdivision of the state
93	93	29 may inform an individual of alternatives to an abortion.
94	94	30 SECTION 6. IC 16-34-1-4, AS AMENDED BY P.L.218-2021,
95	95	31 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
96	96	32 JULY 1, 2024]: Sec. 4. No:
97	97	33 (1) physician;
98	98	34 (2) nurse;
99	99	35 (3) physician assistant;
100	100	36 (4) pharmacist;
101	101	37 (5) employee or member of the staff of a hospital or other facility
102	102	38 in which an abortion may be performed; or
103	103	39 (6) mental health provider;
104	104	40 shall be required to perform an abortion, to prescribe, administer, or
105	105	41 dispense an abortion inducing drug in violation of IC 16-42-22.5, to
106	106	42 provide advice or counsel to a pregnant woman concerning medical
107	107	2024 IN 217—LS 6800/DI 147 3
108	108	1 procedures resulting in, or intended to result in, an abortion, to assist
109	109	2 or participate in medical procedures resulting in, or intended to result
110	110	3 in an abortion, or to handle or dispose of aborted remains, if that
111	111	4 individual objects to such procedures on ethical, moral, or religious
112	112	5 grounds.
113	113	6 SECTION 7. IC 16-34-2-1, AS AMENDED BY P.L.179-2022(ss),
114	114	7 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
115	115	8 JULY 1, 2024]: Sec. 1. (a) Abortion shall in all instances be a criminal
116	116	9 act, except when performed under the following circumstances:
117	117	10 (1) Except as prohibited in IC 16-34-4, before the earlier of
118	118	11 viability of the fetus or twenty (20) weeks of postfertilization age
119	119	12 of the fetus, if:
120	120	13 (A) for reasons based upon the professional, medical judgment
121	121	14 of the pregnant woman's physician, if either:
122	122	15 (i) the abortion is necessary when reasonable medical
123	123	16 judgment dictates that performing the abortion is necessary
124	124	17 to prevent any serious health risk to the pregnant woman or
125	125	18 to save the pregnant woman's life; or
126	126	19 (ii) the fetus is diagnosed with a lethal fetal anomaly;
127	127	20 (B) the abortion is performed by the physician in a hospital
128	128	21 licensed under IC 16-21 or an ambulatory outpatient surgical
129	129	22 center (as defined in IC 16-18-2-14) that has a majority
130	130	23 ownership by a hospital licensed under IC 16-21;
131	131	24 (C) the woman submitting to the abortion has filed her consent
132	132	25 with her physician. However, if in the judgment of the
133	133	26 physician the abortion is necessary to preserve the life of the
134	134	27 woman, her consent is not required;
135	135	28 (D) the woman submitting to the abortion has filed with her
136	136	29 physician the written consent of her parent or legal guardian
137	137	30 if required under section 4 of this chapter; and
138	138	31 (E) before the abortion, the attending physician shall certify in
139	139	32 writing to the hospital or ambulatory outpatient surgical center
140	140	33 in which the abortion is to be performed, that:
141	141	34 (i) in the attending physician's reasonable medical judgment,
142	142	35 performing the abortion is necessary to prevent any serious
143	143	36 health risk to the pregnant woman or to save the pregnant
144	144	37 woman's life; or
145	145	38 (ii) the fetus has been diagnosed with a lethal fetal anomaly.
146	146	39 All facts and reasons supporting the certification shall be set
147	147	40 forth by the physician in writing and attached to the certificate.
148	148	41 However, under this article, an abortion inducing drug may not be
149	149	42 dispensed, prescribed, administered, or otherwise given to a
150	150	2024 IN 217—LS 6800/DI 147 4
151	151	1 pregnant woman. after eight (8) weeks of postfertilization age. A
152	152	2 physician must dispense the abortion inducing drug in person and
153	153	3 have the pregnant woman consume the drug in the presence of the
154	154	4 physician. A physician shall examine a pregnant woman in person
155	155	5 before prescribing or dispensing an abortion inducing drug. The
156	156	6 physician shall provide the pregnant woman with a copy of the
157	157	7 manufacturer's instruction sheets and require that the pregnant
158	158	8 woman sign the manufacturer's patient agreement form. A
159	159	9 physician shall also provide, orally and in writing, along with
160	160	10 other discharge information, the following statement: "Some
161	161	11 evidence suggests that the effects of Mifepristone may be
162	162	12 avoided, ceased, or reversed if the second pill, Misoprostol, has
163	163	13 not been taken. Immediately contact the following for more
164	164	14 information at (insert applicable abortion inducing drug reversal
165	165	15 Internet web site and corresponding hotline number)." The
166	166	16 physician shall retain a copy of the signed patient agreement
167	167	17 form, and the signed physician's agreement form required by the
168	168	18 manufacturer, in the patient's file. As used in this subdivision, "in
169	169	19 person" does not include the use of telehealth or telemedicine
170	170	20 services.
171	171	21 (2) Except as prohibited by IC 16-34-4, during the first ten (10)
172	172	22 weeks of postfertilization age of the fetus, if:
173	173	23 (A) the pregnancy is a result of rape or incest;
174	174	24 (B) all the circumstances and provisions required for legal
175	175	25 abortion set forth in subdivision (1)(C) through and (1)(D) are
176	176	26 present and adhered to;
177	177	27 (C) the abortion is performed in a hospital licensed under
178	178	28 IC 16-21 or ambulatory outpatient surgical center (as defined
179	179	29 in IC 16-18-2-14) that has a majority ownership by a hospital
180	180	30 licensed under IC 16-21; and
181	181	31 (D) before the abortion, the attending physician shall certify in
182	182	32 writing to the ambulatory outpatient surgical center or hospital
183	183	33 in which the abortion is to be performed, after proper
184	184	34 examination, the abortion is being performed at the woman's
185	185	35 request because the pregnancy is the result of rape or incest.
186	186	36 All facts and reasons supporting the certification shall be set
187	187	37 forth by the physician in writing and attached to the certificate.
188	188	38 the pregnant woman provides the physician with an
189	189	39 affidavit, signed under penalties of perjury, attesting to the
190	190	40 rape or incest. The affidavit provided under this clause is
191	191	confidential.41
192	192	42 (3) Except as provided in subsection (b) or as prohibited by
193	193	2024 IN 217—LS 6800/DI 147 5
194	194	1 IC 16-34-4, at the earlier of viability of the fetus or twenty (20)
195	195	2 weeks of postfertilization age and any time after, for reasons
196	196	3 based upon the professional, medical judgment of the pregnant
197	197	4 woman's physician if:
198	198	5 (A) based on reasonable medical judgment, performing the
199	199	6 abortion is necessary to prevent any serious health risk to the
200	200	7 pregnant woman or to save the pregnant woman's life;
201	201	8 (B) all the circumstances and provisions required for legal
202	202	9 abortion set forth in subdivision (1)(C) through and (1)(D) are
203	203	10 present and adhered to;
204	204	11 (C) the abortion is performed in a hospital licensed under
205	205	12 IC 16-21;
206	206	13 (D) the abortion is performed in compliance with section 3 of
207	207	14 this chapter; and
208	208	15 (E) before the abortion, the attending physician shall certify in
209	209	16 writing to the hospital in which the abortion is to be
210	210	17 performed, that in the attending physician's reasonable medical
211	211	18 judgment, performing the abortion is necessary to prevent any
212	212	19 serious health risk to the pregnant woman or to save the
213	213	20 pregnant woman's life. All facts and reasons supporting the
214	214	21 certification shall be set forth by the physician in writing and
215	215	22 attached to the certificate.
216	216	23 (b) A person may not knowingly or intentionally perform a partial
217	217	24 birth abortion unless a physician reasonably believes that:
218	218	25 (1) performing the partial birth abortion is necessary to save the
219	219	26 mother's life; and
220	220	27 (2) no other medical procedure is sufficient to save the mother's
221	221	28 life.
222	222	29 (c) A person may not knowingly or intentionally perform a
223	223	30 dismemberment abortion unless reasonable medical judgment dictates
224	224	31 that performing the dismemberment abortion is necessary:
225	225	32 (1) to prevent any serious health risk to the mother; or
226	226	33 (2) to save the mother's life.
227	227	34 (d) Telehealth and telemedicine may not be used to provide any
228	228	35 abortion, including the writing or filling of a prescription for any
229	229	36 purpose that is intended to result in an abortion.
230	230	37 SECTION 8. IC 16-34-2-1.1, AS AMENDED BY P.L.56-2023,
231	231	38 SECTION 153, IS AMENDED TO READ AS FOLLOWS
232	232	39 [EFFECTIVE JULY 1, 2024]: Sec. 1.1. (a) An abortion shall not be
233	233	40 performed except with the voluntary and informed consent of the
234	234	41 pregnant woman upon whom the abortion is to be performed. Except
235	235	42 in the case of a medical emergency, consent to an abortion is voluntary
236	236	2024 IN 217—LS 6800/DI 147 6
237	237	1 and informed only if the following conditions are met:
238	238	2 (1) At least eighteen (18) hours before the abortion and in the
239	239	3 private, not group, presence of the pregnant woman, the physician
240	240	4 who is to perform the abortion, the referring physician or a
241	241	5 physician assistant (as defined in IC 25-27.5-2-10), an advanced
242	242	6 practice registered nurse (as defined in IC 25-23-1-1(b)), or a
243	243	7 certified nurse midwife (as defined in IC 34-18-2-6.5) to whom
244	244	8 the responsibility has been delegated by the physician who is to
245	245	9 perform the abortion or the referring physician has informed the
246	246	10 pregnant woman orally and in writing of the following:
247	247	11 (A) The name of the physician performing the abortion, the
248	248	12 physician's medical license number, and an emergency
249	249	13 telephone number where the physician or the physician's
250	250	14 designee may be contacted on a twenty-four (24) hour a day,
251	251	15 seven (7) day a week basis.
252	252	16 (B) That follow-up care by the physician or the physician's
253	253	17 designee (if the designee is licensed under IC 25-22.5) is
254	254	18 available on an appropriate and timely basis when clinically
255	255	19 necessary.
256	256	20 (C) The nature of the proposed procedure. or information
257	257	21 concerning the abortion inducing drug that includes the
258	258	22 following statement: "Some evidence suggests that effects of
259	259	23 Mifespristone may be avoided, ceased, or reversed if the
260	260	24 second pill, Misoprostol, has not been taken. Immediately
261	261	25 contact the following for more information at (insert
262	262	26 applicable abortion inducing drug reversal website and
263	263	27 corresponding hotline number)."
264	264	28 (D) Objective scientific information of the risks of and
265	265	29 alternatives to the procedure, or the use of an abortion
266	266	30 inducing drug, including:
267	267	31 (i) the risk of infection and hemorrhage;
268	268	32 (ii) the potential danger to a subsequent pregnancy; and
269	269	33 (iii) the potential danger of infertility.
270	270	34 (E) That human physical life begins when a human ovum is
271	271	35 fertilized by a human sperm.
272	272	36 (F) The probable gestational age of the fetus at the time the
273	273	37 abortion is to be performed, including:
274	274	38 (i) a picture of a fetus;
275	275	39 (ii) the dimensions of a fetus; and
276	276	40 (iii) relevant information on the potential survival of an
277	277	41 unborn fetus;
278	278	42 at this stage of development.
279	279	2024 IN 217—LS 6800/DI 147 7
280	280	1 (G) That objective scientific information shows that a fetus
281	281	2 can feel pain at or before twenty (20) weeks of postfertilization
282	282	3 age.
283	283	4 (H) The medical risks associated with carrying the fetus to
284	284	5 term.
285	285	6 (I) The availability of fetal ultrasound imaging and
286	286	7 auscultation of fetal heart tone services to enable the pregnant
287	287	8 woman to view the image and hear the heartbeat of the fetus
288	288	9 and how to obtain access to these services.
289	289	10 (J) That the pregnancy of a child less than fifteen (15) years of
290	290	11 age may constitute child abuse under Indiana law if the act
291	291	12 included an adult and must be reported to the department of
292	292	13 child services or the local law enforcement agency under
293	293	14 IC 31-33-5.
294	294	15 (K) That Indiana does not allow a fetus to be aborted solely
295	295	16 because of the fetus's race, color, national origin, ancestry, sex,
296	296	17 or diagnosis or potential diagnosis of the fetus having Down
297	297	18 syndrome or any other disability.
298	298	19 (L) That no one has the right to coerce the pregnant woman to
299	299	20 have an abortion.
300	300	21 (2) At least eighteen (18) hours before the abortion, the pregnant
301	301	22 woman will be informed orally and in writing of the following:
302	302	23 (A) That medical assistance benefits may be available for
303	303	24 prenatal care, childbirth, and neonatal care from the county
304	304	25 office of the division of family resources.
305	305	26 (B) That the father of the unborn fetus is legally required to
306	306	27 assist in the support of the child. In the case of rape, the
307	307	28 information required under this clause may be omitted.
308	308	29 (C) That adoption alternatives are available and that adoptive
309	309	30 parents may legally pay the costs of prenatal care, childbirth,
310	310	31 and neonatal care.
311	311	32 (D) That there are physical risks to the pregnant woman in
312	312	33 having an abortion, both during the abortion procedure and
313	313	34 after.
314	314	35 (E) That Indiana has enacted the safe haven law under
315	315	36 IC 31-34-2.5.
316	316	37 (F) The:
317	317	38 (i) website address of the state department's website; and
318	318	39 (ii) description of the information that will be provided on
319	319	40 the website and that is;
320	320	41 described in section 1.5 of this chapter.
321	321	42 (G) For the facility in which the abortion is to be performed,
322	322	2024 IN 217—LS 6800/DI 147 8
323	323	1 an emergency telephone number that is available and
324	324	2 answered on a twenty-four (24) hour a day, seven (7) day a
325	325	3 week basis.
326	326	4 (H) On a form developed by the state department and as
327	327	5 described in IC 16-34-3, that the pregnant woman has a right
328	328	6 to determine the final disposition of the remains of the aborted
329	329	7 fetus.
330	330	8 (I) On a form developed by the state department, that the
331	331	9 pregnant woman has a right, after a surgical abortion, to:
332	332	10 (i) dispose of the remains of the aborted fetus by interment
333	333	11 in compliance with IC 23-14-54, or cremation through a
334	334	12 licensee (as defined in IC 25-15-2-19) and in compliance
335	335	13 with IC 23-14-31; or
336	336	14 (ii) have the health care facility dispose of the remains of the
337	337	15 aborted fetus by interment in compliance with IC 23-14-54,
338	338	16 or cremation through a licensee (as defined in
339	339	17 IC 25-15-2-19) and in compliance with IC 23-14-31, and ask
340	340	18 which method of disposition will be used by the health care
341	341	19 facility.
342	342	20 (J) On a form developed by the state department:
343	343	21 (i) that a pregnant woman, after an abortion induced by an
344	344	22 abortion inducing drug, will expel an aborted fetus; and
345	345	23 (ii) the disposition policy of the health care facility
346	346	24 concerning the disposition of the aborted fetus. The
347	347	25 disposition policy must allow the pregnant woman to return
348	348	26 the aborted fetus to the health care facility for disposition by
349	349	27 interment in compliance with IC 23-14-54, or cremation
350	350	28 through a licensee (as defined in IC 25-15-2-19) and in
351	351	29 compliance with IC 23-14-31.
352	352	30 (K) (J) On a form developed by the state department,
353	353	31 information concerning any counseling that is available to a
354	354	32 pregnant woman after having an abortion.
355	355	33 The state department shall develop and distribute the forms
356	356	34 required by clauses (H) through (K). (J).
357	357	35 (3) The pregnant woman certifies in writing, on a form developed
358	358	36 by the state department, before the abortion is performed, that:
359	359	37 (A) the information required by subdivisions (1) and (2) has
360	360	38 been provided to the pregnant woman;
361	361	39 (B) the pregnant woman has been offered by the provider the
362	362	40 opportunity to view the fetal ultrasound imaging and hear the
363	363	41 auscultation of the fetal heart tone if the fetal heart tone is
364	364	42 audible and that the woman has:
365	365	2024 IN 217—LS 6800/DI 147 9
366	366	1 (i) viewed or refused to view the offered fetal ultrasound
367	367	2 imaging; and
368	368	3 (ii) listened to or refused to listen to the offered auscultation
369	369	4 of the fetal heart tone if the fetal heart tone is audible; and
370	370	5 (C) the pregnant woman has been given a written copy of the
371	371	6 printed materials described in section 1.5 of this chapter.
372	372	7 (4) At least eighteen (18) hours before the abortion and in the
373	373	8 presence of the pregnant woman, the physician who is to perform
374	374	9 the abortion, the referring physician or a physician assistant (as
375	375	10 defined in IC 25-27.5-2-10), an advanced practice registered
376	376	11 nurse (as defined in IC 25-23-1-1(b)), or a certified nurse midwife
377	377	12 (as defined in IC 34-18-2-6.5) to whom the responsibility has
378	378	13 been delegated by the physician who is to perform the abortion or
379	379	14 the referring physician has provided the pregnant woman with a
380	380	15 color copy of the informed consent brochure described in section
381	381	16 1.5 of this chapter by printing the informed consent brochure from
382	382	17 the state department's website and including the following
383	383	18 information on the back cover of the brochure:
384	384	19 (A) The name of the physician performing the abortion and the
385	385	20 physician's medical license number.
386	386	21 (B) An emergency telephone number where the physician or
387	387	22 the physician's designee may be contacted twenty-four (24)
388	388	23 hours a day, seven (7) days a week.
389	389	24 (C) A statement that follow-up care by the physician or the
390	390	25 physician's designee who is licensed under IC 25-22.5 is
391	391	26 available on an appropriate and timely basis when clinically
392	392	27 necessary.
393	393	28 (5) At least eighteen (18) hours before an abortion is performed
394	394	29 and at the same time that the pregnant woman receives the
395	395	30 information required by subdivision (1), the provider shall
396	396	31 perform, and the pregnant woman shall view, the fetal ultrasound
397	397	32 imaging and hear the auscultation of the fetal heart tone if the
398	398	33 fetal heart tone is audible unless the pregnant woman certifies in
399	399	34 writing, on a form developed by the state department, before the
400	400	35 abortion is performed, that the pregnant woman:
401	401	36 (A) does not want to view the fetal ultrasound imaging; and
402	402	37 (B) does not want to listen to the auscultation of the fetal heart
403	403	38 tone if the fetal heart tone is audible.
404	404	39 A pregnant woman must be advised, prior to the pregnant
405	405	40 woman's decision concerning fetal ultrasound imaging, that an
406	406	41 ultrasound image of the fetus will be provided to the pregnant
407	407	42 woman to keep at no charge to the pregnant woman if the fetal
408	408	2024 IN 217—LS 6800/DI 147 10
409	409	1 ultrasound is performed.
410	410	2 (6) At least eighteen (18) hours before the abortion, the physician
411	411	3 who is to perform the abortion, the referring physician or a
412	412	4 physician assistant (as defined in IC 25-27.5-2-10), an advanced
413	413	5 practice registered nurse (as defined in IC 25-23-1-1(b)), or a
414	414	6 certified nurse midwife (as defined in IC 34-18-2-6.5) to whom
415	415	7 the responsibility has been delegated by the physician who is to
416	416	8 perform the abortion or the referring physician shall, in the
417	417	9 private, not group, presence of the pregnant woman, verbally ask
418	418	10 the pregnant woman if she is being coerced to have an abortion.
419	419	11 (b) This subsection applies to a pregnant woman whose unborn
420	420	12 child has been diagnosed with a lethal fetal anomaly. The requirements
421	421	13 of this subsection are in addition to the other requirements of this
422	422	14 section. At least eighteen (18) hours before an abortion is performed on
423	423	15 the pregnant woman, the physician who will perform the abortion shall:
424	424	16 (1) orally and in person, inform the pregnant woman of the
425	425	17 availability of perinatal hospice services; and
426	426	18 (2) provide the pregnant woman copies of the perinatal hospice
427	427	19 brochure developed by the state department under IC 16-25-4.5-4
428	428	20 and the list of perinatal hospice providers and programs
429	429	21 developed under IC 16-25-4.5-5, by printing the perinatal hospice
430	430	22 brochure and list of perinatal hospice providers from the state
431	431	23 department's website.
432	432	24 (c) If a pregnant woman described in subsection (b) chooses to have
433	433	25 an abortion rather than continuing the pregnancy in perinatal hospice
434	434	26 care, the pregnant woman shall certify in writing, on a form developed
435	435	27 by the state department under IC 16-25-4.5-6, at least eighteen (18)
436	436	28 hours before the abortion is performed, that the pregnant woman has
437	437	29 been provided the information described in subsection (b) in the
438	438	30 manner required by subsection (b).
439	439	31 (d) For any abortion performed under this article, the physician who
440	440	32 is to perform the abortion, the referring physician or a physician
441	441	33 assistant (as defined in IC 25-27.5-2-10), an advanced practice
442	442	34 registered nurse (as defined in IC 25-23-1-1(b)), or a certified nurse
443	443	35 midwife (as defined in IC 34-18-2-6.5) to whom the responsibility has
444	444	36 been delegated by the physician who is to perform the abortion or the
445	445	37 referring physician shall include, or ensure the inclusion of, a copy of
446	446	38 a pregnant woman's ultrasound report in the pregnant woman's patient
447	447	39 file.
448	448	40 (e) If the physician who is to perform the abortion, the referring
449	449	41 physician, a physician assistant (as defined in IC 25-27.5-2-10), an
450	450	42 advanced practice registered nurse (as defined in IC 25-23-1-1(b)), or
451	451	2024 IN 217—LS 6800/DI 147 11
452	452	1 a certified nurse midwife (as defined in IC 34-18-2-6.5) suspects a
453	453	2 pregnant woman is being coerced to have an abortion after making the
454	454	3 inquiry required under subsection (a)(6), the physician, physician
455	455	4 assistant, advanced practice registered nurse, or certified nurse midwife
456	456	5 shall:
457	457	6 (1) inform the pregnant woman that coercing a pregnant woman
458	458	7 to have an abortion is illegal;
459	459	8 (2) inform the pregnant woman that a demand by the father to
460	460	9 have an abortion does not relieve him of financial support
461	461	10 responsibilities; and
462	462	11 (3) provide the pregnant woman with:
463	463	12 (A) information about:
464	464	13 (i) assistance;
465	465	14 (ii) counseling; and
466	466	15 (iii) protective services offered by social programs and local
467	467	16 or state law enforcement agencies;
468	468	17 (B) access to a telephone if she needs to make a private
469	469	18 telephone call; and
470	470	19 (C) access to an alternate exit from the health care facility.
471	471	20 (f) Except as provided in subsection (g), if a physician, physician
472	472	21 assistant (as defined in IC 25-27.5-2-10), advanced practice registered
473	473	22 nurse (as defined in IC 25-23-1-1(b)), or certified nurse midwife (as
474	474	23 defined in IC 34-18-2-6.5) has specific and credible information that
475	475	24 a pregnant woman is being coerced into having an abortion, then an
476	476	25 abortion may not be provided to the pregnant woman during the
477	477	26 twenty-four (24) hour period after the physician, physician assistant (as
478	478	27 defined in IC 25-27.5-2-10), advanced practice registered nurse (as
479	479	28 defined in IC 25-23-1-1(b)), or certified nurse midwife (as defined in
480	480	29 IC 34-18-2-6.5) makes a report under IC 16-34-6-6(b).
481	481	30 (g) The twenty-four (24) hour period described in subsection (f) may
482	482	31 be waived if a physician, in the physician's best medical judgment,
483	483	32 determines that an abortion is necessary to prevent the death of the
484	484	33 pregnant woman or to prevent substantial and irreversible injury to a
485	485	34 major bodily function of the pregnant woman.
486	486	35 SECTION 9. IC 16-34-2-1.5, AS AMENDED BY P.L.170-2021,
487	487	36 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
488	488	37 JULY 1, 2024]: Sec. 1.5. (a) The state department shall develop an
489	489	38 informed consent brochure and post the informed consent brochure on
490	490	39 the state department's Internet web site. website.
491	491	40 (b) The state department shall develop an informed consent
492	492	41 brochure that includes the following:
493	493	42 (1) Objective scientific information concerning the probable
494	494	2024 IN 217—LS 6800/DI 147 12
495	495	1 anatomical and physiological characteristics of a fetus every two
496	496	2 (2) weeks of gestational age, including the following:
497	497	3 (A) Realistic pictures in color for each age of the fetus,
498	498	4 including the dimensions of the fetus.
499	499	5 (B) Whether there is any possibility of the fetus surviving
500	500	6 outside the womb.
501	501	7 (2) Objective scientific information concerning the medical risks
502	502	8 associated with each abortion procedure, or the use of an abortion
503	503	9 inducing drug, including the following:
504	504	10 (A) The risks of infection and hemorrhaging.
505	505	11 (B) The potential danger:
506	506	12 (i) to a subsequent pregnancy; or
507	507	13 (ii) of infertility.
508	508	14 (3) Information concerning the medical risks associated with
509	509	15 carrying the child to term.
510	510	16 (4) Information that medical assistance benefits may be available
511	511	17 for prenatal care, childbirth, and neonatal care.
512	512	18 (5) Information that the biological father is liable for assistance in
513	513	19 support of the child, regardless of whether the biological father
514	514	20 has offered to pay for an abortion.
515	515	21 (6) Information regarding telephone 211 dialing code services for
516	516	22 accessing human services as described in IC 12-13-16, and the
517	517	23 types of services that are available through this service.
518	518	24 (7) Information concerning Indiana's safe haven law under
519	519	25 IC 31-34-2.5-1.
520	520	26 (8) Information that, under certain conditions, a pregnant woman
521	521	27 may relinquish a child who is, or who appears to be, not more
522	522	28 than thirty (30) days of age:
523	523	29 (A) to an emergency medical services provider (as defined in
524	524	30 IC 16-41-10-1); or
525	525	31 (B) in a newborn safety device described in IC 31-34-2.5-1.
526	526	32 (c) In the development of the informed consent brochure described
527	527	33 in this section, the state department shall use information and pictures
528	528	34 that are available at no cost or nominal cost to the state department.
529	529	35 (d) The informed consent brochure must include the requirements
530	530	36 specified in this chapter.
531	531	37 SECTION 10. IC 16-34-2-4.5, AS AMENDED BY
532	532	38 P.L.179-2022(ss), SECTION 25, IS AMENDED TO READ AS
533	533	39 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4.5. (a) A physician
534	534	40 may not perform an abortion including an abortion using an abortion
535	535	41 inducing drug, unless the physician:
536	536	42 (1) has admitting privileges in writing at a hospital located in the
537	537	2024 IN 217—LS 6800/DI 147 13
538	538	1 county where abortions are provided or in a contiguous county; or
539	539	2 (2) has entered into a written agreement with a physician who has
540	540	3 written admitting privileges at a hospital in the county or
541	541	4 contiguous county concerning the management of possible
542	542	5 complications of the services provided.
543	543	6 A written agreement described in subdivision (2) must be renewed
544	544	7 annually.
545	545	8 (b) A physician who performs an abortion including an abortion
546	546	9 using an abortion inducing drug, shall notify the patient of the location
547	547	10 of the hospital at which the physician or a physician with whom the
548	548	11 physician has entered into an agreement under subsection (a)(2) has
549	549	12 admitting privileges and where the patient may receive follow-up care
550	550	13 by the physician if complications arise.
551	551	14 (c) A hospital or ambulatory outpatient surgical center in which
552	552	15 abortions are performed shall:
553	553	16 (1) keep at the hospital or ambulatory outpatient surgical center
554	554	17 a copy of the admitting privileges of a physician described in
555	555	18 subsection (a)(1) and (a)(2) who is performing abortions at the
556	556	19 hospital or ambulatory outpatient surgical center; and
557	557	20 (2) submit a copy of the admitting privileges described in
558	558	21 subdivision (1) to the state department. The state department shall
559	559	22 verify the validity of the admitting privileges document. The state
560	560	23 department shall remove any identifying information from the
561	561	24 admitting privileges document before releasing the document
562	562	25 under IC 5-14-3.
563	563	26 (d) The state department shall annually submit a copy of the
564	564	27 admitting privileges described in subsection (a)(1) and a copy of the
565	565	28 written agreement described in subsection (a)(2) to:
566	566	29 (1) each hospital located in the county in which the hospital
567	567	30 granting the admitting privileges described in subsection (a) is
568	568	31 located; and
569	569	32 (2) each hospital located in a county that is contiguous to the
570	570	33 county described in subdivision (1);
571	571	34 where abortions are performed.
572	572	35 (e) The state department shall confirm to a member of the public,
573	573	36 upon request, that the admitting privileges required to be submitted
574	574	37 under this section for a hospital or ambulatory outpatient surgical
575	575	38 center have been received by the state department.
576	576	39 (f) Notwithstanding IC 5-14-3-6 and IC 5-14-3-6.5, this section only
577	577	40 allows for the redaction of information that is described in subsection
578	578	41 (c). This section does not allow the state department to limit the
579	579	42 disclosure of information in other public documents.
580	580	2024 IN 217—LS 6800/DI 147 14
581	581	1 SECTION 11. IC 16-34-2-4.7, AS AMENDED BY
582	582	2 P.L.179-2022(ss), SECTION 26, IS AMENDED TO READ AS
583	583	3 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4.7. (a) As used in this
584	584	4 section, "abortion complication" means only the following physical or
585	585	5 psychological conditions arising from the induction or performance of
586	586	6 an abortion:
587	587	7 (1) Uterine perforation.
588	588	8 (2) Cervical laceration.
589	589	9 (3) Infection.
590	590	10 (4) Vaginal bleeding that qualifies as a Grade 2 or higher adverse
591	591	11 event according to the Common Terminology Criteria for Adverse
592	592	12 Events (CTCAE).
593	593	13 (5) Pulmonary embolism.
594	594	14 (6) Deep vein thrombosis.
595	595	15 (7) Failure to terminate the pregnancy.
596	596	16 (8) Incomplete abortion (retained tissue).
597	597	17 (9) Pelvic inflammatory disease.
598	598	18 (10) Missed ectopic pregnancy.
599	599	19 (11) Cardiac arrest.
600	600	20 (12) Respiratory arrest.
601	601	21 (13) Renal failure.
602	602	22 (14) Shock.
603	603	23 (15) Amniotic fluid embolism.
604	604	24 (16) Coma.
605	605	25 (17) Placenta previa in subsequent pregnancies.
606	606	26 (18) Pre-term delivery in subsequent pregnancies.
607	607	27 (19) Free fluid in the abdomen.
608	608	28 (20) Hemolytic reaction due to the administration of
609	609	29 ABO-incompatible blood or blood products.
610	610	30 (21) Hypoglycemia occurring while the patient is being treated at
611	611	31 the hospital or ambulatory outpatient surgical center.
612	612	32 (22) Allergic reaction to anesthesia. or abortion inducing drugs.
613	613	33 (23) Psychological complications, including depression, suicidal
614	614	34 ideation, anxiety, and sleeping disorders.
615	615	35 (24) Death.
616	616	36 (25) Any other adverse event as defined by criteria provided in
617	617	37 the Food and Drug Administration Safety Information and
618	618	38 Adverse Event Reporting Program.
619	619	39 (b) The following persons shall report to the state department each
620	620	40 case in which the person treated a patient suffering from an abortion
621	621	41 complication:
622	622	42 (1) A physician licensed under IC 25-22.5.
623	623	2024 IN 217—LS 6800/DI 147 15
624	624	1 (2) A hospital licensed under IC 16-21.
625	625	2 (3) Beginning September 1, 2022, an ambulatory outpatient
626	626	3 surgical center licensed under IC 16-21-2.
627	627	4 (c) The state department shall develop a process for the submission
628	628	5 of a report under this section.
629	629	6 (d) A report under this section shall be submitted to the state
630	630	7 department in the manner prescribed by the state department.
631	631	8 (e) The report under this section must include the following
632	632	9 information concerning the abortion complication:
633	633	10 (1) The date the patient presented for treatment for the abortion
634	634	11 complication.
635	635	12 (2) The age of the patient.
636	636	13 (3) The race of the patient.
637	637	14 (4) The county and state of the patient's residence.
638	638	15 (5) The type of abortion obtained by the patient.
639	639	16 (6) The date of abortion obtained by the patient.
640	640	17 (7) The name of the:
641	641	18 (A) hospital; or
642	642	19 (B) ambulatory outpatient surgical center;
643	643	20 where the patient obtained the abortion.
644	644	21 (8) Whether the patient obtained abortion medication via mail
645	645	22 order or Internet web site, website, and if so, information
646	646	23 identifying the source of the medication.
647	647	24 (9) Whether the complication was previously managed by the
648	648	25 abortion provider or the abortion provider's required back-up
649	649	26 physician.
650	650	27 (10) The name of the medications taken by the patient as part of
651	651	28 the pharmaceutical abortion regimen, if any.
652	652	29 (11) A list of each diagnosed complication.
653	653	30 (12) A list of each treated complication, with a description of the
654	654	31 treatment provided.
655	655	32 (13) Whether the patient's visit to treat the complications was the
656	656	33 original visit or a follow-up visit.
657	657	34 (14) The date of each follow-up visit, if any.
658	658	35 (15) A list of each complication diagnosed at a follow-up visit, if
659	659	36 any.
660	660	37 (16) A list of each complication treated at a follow-up visit, if any.
661	661	38 (f) On a quarterly basis, the state department shall compile a public
662	662	39 report summarizing the information collected under this section. The
663	663	40 report must include statistics for the previous calendar quarter, with
664	664	41 updated information for the most recent calendar quarter.
665	665	42 (g) The state department shall summarize the aggregate data from
666	666	2024 IN 217—LS 6800/DI 147 16
667	667	1 the data submitted under this section and submit the data, on or before
668	668	2 June 30 of each year, to the United States Centers for Disease Control
669	669	3 and Prevention for its inclusion in the annual Vital Statistics Report.
670	670	4 (h) The state department shall ensure that no identifying information
671	671	5 of a pregnant woman is included in the report described in subsection
672	672	6 (f).
673	673	7 (i) This subsection applies after August 31, 2020. Each failure to
674	674	8 report an abortion complication as required under this section is a Class
675	675	9 B misdemeanor.
676	676	10 (j) The state department shall adopt rules under IC 4-22-2 to
677	677	11 implement this section.
678	678	12 SECTION 12. IC 16-34-2-5, AS AMENDED BY P.L.56-2023,
679	679	13 SECTION 154, IS AMENDED TO READ AS FOLLOWS
680	680	14 [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) Every health care provider
681	681	15 who performs a surgical abortion or provides, prescribes, administers,
682	682	16 or dispenses an abortion inducing drug for the purposes of inducing an
683	683	17 abortion shall report the performance of the abortion or the provision,
684	684	18 prescribing, administration, or dispensing of an abortion inducing drug
685	685	19 on a form drafted by the state department, the purpose and function of
686	686	20 which shall be the improvement of maternal health and life through the
687	687	21 compilation of relevant maternal life and health factors and data, and
688	688	22 a further purpose and function shall be to monitor all abortions
689	689	23 performed in Indiana to assure the abortions are done only under the
690	690	24 authorized provisions of the law. For each abortion performed, and
691	691	25 abortion inducing drug provided, prescribed, administered, or
692	692	26 dispensed, the report shall include, among other things, the following:
693	693	27 (1) The age of the patient.
694	694	28 (2) Whether a waiver of consent under section 4 of this chapter
695	695	29 was obtained.
696	696	30 (3) Whether a waiver of notification under section 4 of this
697	697	31 chapter was obtained.
698	698	32 (4) The date and location, including the facility name and city or
699	699	33 town, where the:
700	700	34 (A) pregnant woman:
701	701	35 (i) provided consent; and
702	702	36 (ii) received all information;
703	703	37 required under section 1.1 of this chapter; and
704	704	38 (B) abortion was performed. or the abortion inducing drug was
705	705	39 provided, prescribed, administered, or dispensed.
706	706	40 (5) The health care provider's full name and address, including the
707	707	41 name of the physicians performing the abortion. or providing,
708	708	42 prescribing, administering, or dispensing the abortion inducing
709	709	2024 IN 217—LS 6800/DI 147 17
710	710	1 drug.
711	711	2 (6) The city and county where the pregnancy termination
712	712	3 occurred.
713	713	4 (7) The age of the father, or the approximate age of the father if
714	714	5 the father's age is unknown.
715	715	6 (8) The patient's county and state of residence.
716	716	7 (9) The marital status of the patient.
717	717	8 (10) The educational level of the patient.
718	718	9 (11) The race of the patient.
719	719	10 (12) The ethnicity of the patient.
720	720	11 (13) The number of the patient's previous live births.
721	721	12 (14) The number of the patient's deceased children.
722	722	13 (15) The number of the patient's spontaneous pregnancy
723	723	14 terminations.
724	724	15 (16) The number of the patient's previous induced terminations.
725	725	16 (17) The date of the patient's last menses.
726	726	17 (18) The physician's determination of the gestation of the fetus in
727	727	18 weeks.
728	728	19 (19) The reason for the abortion.
729	729	20 (20) Whether the patient indicated that the patient was seeking an
730	730	21 abortion as a result of being:
731	731	22 (A) abused;
732	732	23 (B) coerced;
733	733	24 (C) harassed; or
734	734	25 (D) trafficked.
735	735	26 (21) The following information concerning the abortion: or the
736	736	27 provision, prescribing, administration, or dispensing of the
737	737	28 abortion inducing drug:
738	738	29 (A) The postfertilization age of the fetus (in weeks).
739	739	30 (B) The manner in which the postfertilization age was
740	740	31 determined.
741	741	32 (C) The gender of the fetus, if detectable.
742	742	33 (D) Whether the fetus has been diagnosed with or has a
743	743	34 potential diagnosis of having Down syndrome or any other
744	744	35 disability.
745	745	36 (E) If after the earlier of the time the fetus obtains viability or
746	746	37 the time the postfertilization age of the fetus is at least twenty
747	747	38 (20) weeks, the medical reason for the performance of the
748	748	39 abortion.
749	749	40 (22) For a surgical abortion, The medical procedure used for the
750	750	41 abortion and, if the fetus had a postfertilization age of at least
751	751	42 twenty (20) weeks:
752	752	2024 IN 217—LS 6800/DI 147 18
753	753	1 (A) whether the procedure, in the reasonable judgment of the
754	754	2 health care provider, gave the fetus the best opportunity to
755	755	3 survive;
756	756	4 (B) the basis for the determination that the pregnant woman
757	757	5 had a condition described in this chapter that required the
758	758	6 abortion to avert the death of or serious impairment to the
759	759	7 pregnant woman; and
760	760	8 (C) the name of the second doctor present, as required under
761	761	9 IC 16-34-2-3(a)(3). section 3(a)(3) of this chapter.
762	762	10 (23) For a nonsurgical abortion, the precise drugs provided,
763	763	11 prescribed, administered, or dispensed, and the means of delivery
764	764	12 of the drugs to the patient.
765	765	13 (24) For a nonsurgical abortion, that the manufacturer's
766	766	14 instructions were provided to the patient and that the patient
767	767	15 signed the patient agreement.
768	768	16 (25) (23) For an abortion performed before twenty (20) weeks of
769	769	17 postfertilization age of the fetus, the medical indication by
770	770	18 diagnosis code for the fetus and the mother.
771	771	19 (26) (24) The mother's obstetrical history, including dates of other
772	772	20 abortions, if any.
773	773	21 (27) (25) Any preexisting medical conditions of the patient that
774	774	22 may complicate the abortion.
775	775	23 (28) (26) The results of pathological examinations if performed.
776	776	24 (29) (27) For a surgical abortion, Whether the fetus was delivered
777	777	25 alive, and if so, how long the fetus lived.
778	778	26 (30) (28) Records of all maternal deaths occurring at the location
779	779	27 where the abortion was performed. or the abortion inducing drug
780	780	28 was provided, prescribed, administered, or dispensed.
781	781	29 (31) (29) The date the form was transmitted to the state
782	782	30 department and, if applicable, separately to the department of
783	783	31 child services.
784	784	32 (b) The health care provider shall complete the form provided for in
785	785	33 subsection (a) and shall transmit the completed form to the state
786	786	34 department, in the manner specified on the form, within thirty (30) days
787	787	35 after the date of each abortion. However, if an abortion is for a female
788	788	36 who is less than sixteen (16) years of age, the health care provider shall
789	789	37 transmit the form to the state department and separately to the
790	790	38 department of child services within three (3) days after the abortion is
791	791	39 performed.
792	792	40 (c) The dates supplied on the form may not be redacted for any
793	793	41 reason before the form is transmitted as provided in this section.
794	794	42 (d) Each failure to complete or timely transmit a form, as required
795	795	2024 IN 217—LS 6800/DI 147 19
796	796	1 under this section, for each abortion performed or abortion inducing
797	797	2 drug that was provided, prescribed, administered, or dispensed, is a
798	798	3 Class B misdemeanor.
799	799	4 (e) On a quarterly basis, the state department shall compile a public
800	800	5 report providing the following:
801	801	6 (1) Statistics for the previous calendar quarter from the
802	802	7 information submitted under this section.
803	803	8 (2) Statistics for previous calendar years compiled by the state
804	804	9 department under this subsection, with updated information for
805	805	10 the calendar quarter that was submitted to the state department
806	806	11 after the compilation of the statistics.
807	807	12 The state department shall ensure that no identifying information of a
808	808	13 pregnant woman is contained in the report.
809	809	14 (f) The state department shall:
810	810	15 (1) summarize aggregate data from all data submitted under this
811	811	16 section; and
812	812	17 (2) submit the data, before July 1 of each year, to the United
813	813	18 States Centers for Disease Control and Prevention for its inclusion
814	814	19 in the annual Vital Statistics Report.
815	815	20 SECTION 13. IC 16-34-3-2, AS AMENDED BY P.L.179-2022(ss),
816	816	21 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
817	817	22 JULY 1, 2024]: Sec. 2. (a) A pregnant woman who has an abortion
818	818	23 under this article has the right to have the hospital or ambulatory
819	819	24 outpatient surgical center dispose of the aborted fetus by interment in
820	820	25 compliance with IC 23-14-54, or cremation through a licensee (as
821	821	26 defined in IC 25-15-2-19) and in compliance with IC 23-14-31. The
822	822	27 pregnant woman who selects to have the hospital or ambulatory
823	823	28 outpatient surgical center dispose of the aborted fetus has the right to
824	824	29 ask which method will be used by the hospital or ambulatory outpatient
825	825	30 surgical center.
826	826	31 (b) After receiving the notification and information required by
827	827	32 IC 16-34-2-1.1(a)(2)(H) and IC 16-34-2-1.1(a)(2)(I), and
828	828	33 IC 16-34-2-1.1(a)(2)(J), the pregnant woman shall inform the hospital
829	829	34 or ambulatory outpatient surgical center:
830	830	35 (1) in writing; and
831	831	36 (2) on a form prescribed by the state department;
832	832	37 of the pregnant woman's decision for final disposition of the aborted
833	833	38 fetus by cremation or interment, and, in an abortion induced by an
834	834	39 abortion inducing drug, whether the pregnant woman will return the
835	835	40 aborted fetus to the hospital or ambulatory outpatient surgical center
836	836	41 for disposition by interment in compliance with IC 23-14-54, or
837	837	42 cremation through a licensee (as defined in IC 25-15-2-19) and in
838	838	2024 IN 217—LS 6800/DI 147 20
839	839	1 compliance with IC 23-14-31.
840	840	2 (c) If the pregnant woman is a minor, the hospital or ambulatory
841	841	3 outpatient surgical center shall obtain parental consent in the
842	842	4 disposition of the aborted fetus unless the minor has received a waiver
843	843	5 of parental consent under IC 16-34-2-4.
844	844	6 (d) The hospital or ambulatory outpatient surgical center shall
845	845	7 document the pregnant woman's decision concerning disposition of the
846	846	8 aborted fetus in the pregnant woman's medical record.
847	847	9 (e) In the case of an abortion induced by an abortion inducing drug,
848	848	10 the pregnant woman may return the aborted fetus to the hospital or
849	849	11 ambulatory outpatient surgical center for disposition by interment in
850	850	12 compliance with IC 23-14-54, or cremation through a licensee (as
851	851	13 defined in IC 25-15-2-19) and in compliance with IC 23-14-31.
852	852	14 SECTION 14. IC 16-34-3-4, AS AMENDED BY P.L.179-2022(ss),
853	853	15 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
854	854	16 JULY 1, 2024]: Sec. 4. (a) A hospital or ambulatory outpatient surgical
855	855	17 center having possession of an aborted fetus shall provide for the final
856	856	18 disposition of the aborted fetus. The burial transit permit requirements
857	857	19 of IC 16-37-3 apply to the final disposition of an aborted fetus, which
858	858	20 must be interred or cremated. However:
859	859	21 (1) a person is not required to designate a name for the aborted
860	860	22 fetus on the burial transit permit and the space for a name may
861	861	23 remain blank; and
862	862	24 (2) any information submitted under this section that may be used
863	863	25 to identify the pregnant woman is confidential and must be
864	864	26 redacted from any public records maintained under IC 16-37-3.
865	865	27 Aborted fetuses may be cremated by simultaneous cremation.
866	866	28 (b) If the hospital or ambulatory outpatient surgical center conducts
867	867	29 the cremation of aborted fetal remains on site, the hospital or
868	868	30 ambulatory outpatient surgical center must comply with all state laws
869	869	31 concerning the cremation of human remains as prescribed in
870	870	32 IC 23-14-31. The hospital or ambulatory outpatient surgical center
871	871	33 must make the onsite cremation equipment available to the state
872	872	34 department for inspection at the time the hospital or ambulatory
873	873	35 outpatient surgical center is inspected. When the hospital or
874	874	36 ambulatory outpatient surgical center contracts with a licensed funeral
875	875	37 home for the disposal of the aborted fetal remains, the contract must be
876	876	38 made available for review by the state department at the time the
877	877	39 hospital or ambulatory outpatient surgical center is inspected.
878	878	40 (c) Except in extraordinary circumstances where the required
879	879	41 information is unavailable or unknown, a burial transit permit issued
880	880	42 under IC 16-37-3 that includes multiple fetal remains must be
881	881	2024 IN 217—LS 6800/DI 147 21
882	882	1 accompanied by a log prescribed by the state department containing the
883	883	2 following information about each fetus included under the burial transit
884	884	3 permit:
885	885	4 (1) The date of the abortion.
886	886	5 (2) Whether the abortion was surgical or induced by an abortion
887	887	6 inducing drug.
888	888	7 (3) (2) The name of the funeral director licensee who will be
889	889	8 retrieving the aborted fetus.
890	890	9 (4) In the case of an abortion induced by an abortion inducing
891	891	10 drug:
892	892	11 (A) whether the pregnant woman will cremate or inter the
893	893	12 fetus, or will return the fetus to the hospital or ambulatory
894	894	13 outpatient surgical center for disposition; and
895	895	14 (B) if the pregnant woman returns the fetus to the hospital or
896	896	15 ambulatory outpatient surgical center, whether the returned
897	897	16 fetus is included in the burial transit permit.
898	898	17 The hospital or ambulatory outpatient surgical center must keep a copy
899	899	18 of the burial transit permit and accompanying log in a permanent file.
900	900	19 (d) Each time the fetal remains are transported from one entity to
901	901	20 another for disposition, the entity receiving the fetal remains must
902	902	21 confirm that the number of fetal remains matches the information
903	903	22 contained in the burial transit permit and accompanying log. After final
904	904	23 disposition, a copy of the log will be sent back to the hospital or
905	905	24 ambulatory outpatient surgical center. The final log will be attached to
906	906	25 the original log described in subsection (c) and will be made available
907	907	26 for review by the state department at the time of inspection.
908	908	27 (e) A hospital or ambulatory outpatient surgical center is responsible
909	909	28 for demonstrating to the state department that the hospital or
910	910	29 ambulatory outpatient surgical center has complied with the protocol
911	911	30 provided in this section.
912	912	31 (f) A certificate of stillbirth is not required to be issued for an
913	913	32 aborted fetus with a gestational age of less than twenty (20) weeks of
914	914	33 age.
915	915	34 (g) IC 23-14-31-26, IC 23-14-55-2, IC 25-15-9-18, and
916	916	35 IC 29-2-19-17 concerning the authorization of disposition of human
917	917	36 remains apply to this section.
918	918	37 SECTION 15. IC 16-42-22.5 IS ADDED TO THE INDIANA
919	919	38 CODE AS A NEW CHAPTER TO READ AS FOLLOWS
920	920	39 [EFFECTIVE JULY 1, 2024]:
921	921	40 Chapter 22.5. Drugs: Prohibition on Abortion Inducing Drugs
922	922	41 Sec. 1. This chapter does not apply to the transport of an
923	923	42 abortion inducing drug from a person in another state in
924	924	2024 IN 217—LS 6800/DI 147 22
925	925	1 continuous transit through Indiana to a person in another state.
926	926	2 Sec. 2. (a) A person may not prescribe or possess an abortion
927	927	3 inducing drug.
928	928	4 (b) It is a defense to a prosecution for a crime under this section
929	929	5 that the abortion inducing drug was possessed by a pregnant
930	930	6 woman who intended to use the abortion inducing drug to
931	931	7 terminate her pregnancy.
932	932	8 Sec. 3. (a) A practitioner (as defined in IC 25-1-9-2) who violates
933	933	9 section 2 of this chapter is subject to discipline by the practitioner's
934	934	10 regulating licensing board.
935	935	11 (b) The board regulating the practitioner's profession shall,
936	936	12 after appropriate notice and an opportunity for a hearing, suspend
937	937	13 the practitioner's license, certificate, permit, or registration for at
938	938	14 least one (1) year from the date of the hearing.
939	939	15 Sec. 4. A person who knowingly or intentionally violates section
940	940	16 2 of this chapter commits a Class A misdemeanor. However, the
941	941	17 offense is a Level 6 felony if the person has a prior unrelated
942	942	18 conviction for a violation of section 2 of this chapter.
943	943	19 Sec. 5. A nonprofit organization that is registered in, operates,
944	944	20 or provides services in Indiana may not:
945	945	21 (1) provide financial assistance; or
946	946	22 (2) offer to provide financial assistance;
947	947	23 to a person with the intent that the financial assistance be used to
948	948	24 pay for, offset the cost of, or reimburse the cost of an abortion
949	949	25 inducing drug.
950	950	26 SECTION 16. IC 25-1-9.5-8, AS AMENDED BY P.L.85-2021,
951	951	27 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
952	952	28 JULY 1, 2024]: Sec. 8. (a) A prescriber may issue a prescription to a
953	953	29 patient who is receiving services through the use of telehealth if the
954	954	30 patient has not been examined previously by the prescriber in person
955	955	31 if the following conditions are met:
956	956	32 (1) The prescriber has satisfied the applicable standard of care in
957	957	33 the treatment of the patient.
958	958	34 (2) The issuance of the prescription by the prescriber is within the
959	959	35 prescriber's scope of practice and certification.
960	960	36 (3) The prescription:
961	961	37 (A) meets the requirements of subsection (b); and
962	962	38 (B) is not for an opioid. However, an opioid may be prescribed
963	963	39 if the opioid is a partial agonist that is used to treat or manage
964	964	40 opioid dependence.
965	965	41 (4) The prescription is not for an abortion inducing drug (as
966	966	42 defined in IC 16-18-2-1.6) as prohibited by IC 16-42-22.5.
967	967	2024 IN 217—LS 6800/DI 147 23
968	968	1 (5) If the prescription is for a medical device, including an
969	969	2 ophthalmic device, the prescriber must use telehealth technology
970	970	3 that is sufficient to allow the provider to make an informed
971	971	4 diagnosis and treatment plan that includes the medical device
972	972	5 being prescribed. However, a prescription for an ophthalmic
973	973	6 device is also subject to the conditions in section 13 of this
974	974	7 chapter.
975	975	8 (b) Except as provided in subsection (a), a prescriber may issue a
976	976	9 prescription for a controlled substance (as defined in IC 35-48-1-9) to
977	977	10 a patient who is receiving services through the use of telehealth, even
978	978	11 if the patient has not been examined previously by the prescriber in
979	979	12 person, if the following conditions are met:
980	980	13 (1) The prescriber maintains a valid controlled substance
981	981	14 registration under IC 35-48-3.
982	982	15 (2) The prescriber meets the conditions set forth in 21 U.S.C. 829
983	983	16 et seq.
984	984	17 (3) A practitioner acting in the usual course of the practitioner's
985	985	18 professional practices issues the prescription for a legitimate
986	986	19 medical purpose.
987	987	20 (4) The telehealth communication is conducted using an
988	988	21 audiovisual, real time, two-way interactive communication
989	989	22 system.
990	990	23 (5) The prescriber complies with the requirements of the
991	991	24 INSPECT program (IC 25-26-24).
992	992	25 (6) All other applicable federal and state laws are followed.
993	993	26 (c) A prescription for a controlled substance under this section must
994	994	27 be prescribed and dispensed in accordance with IC 25-1-9.3 and
995	995	28 IC 25-26-24.
996	996	29 SECTION 17. IC 27-8-13.4-3 IS ADDED TO THE INDIANA
997	997	30 CODE AS A NEW SECTION TO READ AS FOLLOWS
998	998	31 [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) This section applies to an
999	999	32 accident and sickness insurance policy that is issued, delivered,
1000	1000	33 amended, or renewed after June 30, 2024.
1001	1001	34 (b) As used in this section, "abortion inducing drug" has the
1002	1002	35 meaning set forth in IC 16-18-2-1.6.
1003	1003	36 (c) As used in this section, "covered individual" means an
1004	1004	37 individual who is entitled to coverage under an accident and
1005	1005	38 sickness insurance policy.
1006	1006	39 (d) An accident and sickness insurance policy shall not provide
1007	1007	40 coverage for the administration of an abortion inducing drug to a
1008	1008	41 covered individual in violation of IC 16-42-22.5.
1009	1009	42 SECTION 18. IC 27-13-7-7.6 IS ADDED TO THE INDIANA
1010	1010	2024 IN 217—LS 6800/DI 147 24
1011	1011	1 CODE AS A NEW SECTION TO READ AS FOLLOWS
1012	1012	2 [EFFECTIVE JULY 1, 2024]: Sec. 7.6. (a) This section applies to an
1013	1013	3 individual contract or a group contract that is entered into,
1014	1014	4 amended, or renewed after June 30, 2024.
1015	1015	5 (b) As used in this section, "abortion inducing drug" has the
1016	1016	6 meaning set forth in IC 16-18-2-1.6.
1017	1017	7 (c) As used in this section, "covered individual" means an
1018	1018	8 individual who is contractually entitled, either directly or
1019	1019	9 indirectly, to health care services from a health maintenance
1020	1020	10 organization.
1021	1021	11 (d) An individual contract or group contract shall not provide
1022	1022	12 for the administration of an abortion inducing drug to a covered
1023	1023	13 individual in violation of IC 16-42-22.5.
1024	1024	14 SECTION 19. IC 34-6-2-55, AS AMENDED BY P.L.56-2023,
1025	1025	15 SECTION 307, IS AMENDED TO READ AS FOLLOWS
1026	1026	16 [EFFECTIVE JULY 1, 2024]: Sec. 55. (a) "Health care services":
1027	1027	17 (1) except as provided in subdivision (2), for purposes of
1028	1028	18 IC 34-30-13, has the meaning set forth in IC 27-13-1-18(a); and
1029	1029	19 (2) for purposes of IC 34-30-13-1.2, means only noninvasive
1030	1030	20 examinations, treatments, and procedures and the following
1031	1031	21 invasive procedures:
1032	1032	22 (A) Routine dental services.
1033	1033	23 (B) Injections.
1034	1034	24 (C) Suturing of minor lacerations.
1035	1035	25 (D) Incisions of boils or superficial abscesses.
1036	1036	26 The term does not include performance of an abortion, including
1037	1037	27 abortion by surgical means, by use of an abortion inducing drug
1038	1038	28 in violation of IC 16-42-22.5, or by prescribing a controlled
1039	1039	29 substance or scheduled drug under IC 35-48.
1040	1040	30 (b) "Health care services", for purposes of IC 34-30-13.5, means:
1041	1041	31 (1) any services provided by an individual licensed under:
1042	1042	32 (A) IC 25-2.5;
1043	1043	33 (B) IC 25-10;
1044	1044	34 (C) IC 25-13;
1045	1045	35 (D) IC 25-14;
1046	1046	36 (E) IC 25-19;
1047	1047	37 (F) IC 25-22.5;
1048	1048	38 (G) IC 25-23;
1049	1049	39 (H) IC 25-23.5;
1050	1050	40 (I) IC 25-23.6;
1051	1051	41 (J) IC 25-24;
1052	1052	42 (K) IC 25-26;
1053	1053	2024 IN 217—LS 6800/DI 147 25
1054	1054	1 (L) IC 25-27;
1055	1055	2 (M) IC 25-27.5;
1056	1056	3 (N) IC 25-29;
1057	1057	4 (O) IC 25-33;
1058	1058	5 (P) IC 25-34.5; or
1059	1059	6 (Q) IC 25-35.6;
1060	1060	7 (2) services provided as the result of hospitalization, to an
1061	1061	8 individual admitted to a health facility licensed under IC 16-28,
1062	1062	9 or to a person residing in a housing with services establishment
1063	1063	10 (as defined by IC 12-10-15-3);
1064	1064	11 (3) services incidental to the furnishing of services described in
1065	1065	12 subdivisions subdivision (1) or (2);
1066	1066	13 (4) any services by individuals:
1067	1067	14 (A) licensed as paramedics;
1068	1068	15 (B) certified as advanced emergency medical technicians; or
1069	1069	16 (C) certified as emergency medical technicians under
1070	1070	17 IC 16-31;
1071	1071	18 (5) any services provided by individuals certified as emergency
1072	1072	19 medical responders under IC 16-31;
1073	1073	20 (6) any services provided by certified health care professionals
1074	1074	21 who are registered with the Indiana department of health,
1075	1075	22 including:
1076	1076	23 (A) certified nurse aides certified under IC 16-28-1-11;
1077	1077	24 (B) qualified medication aides certified under IC 16-28-1-11;
1078	1078	25 and
1079	1079	26 (C) home health aides registered under rules adopted under
1080	1080	27 IC 16-27-1-7;
1081	1081	28 (7) any services provided by unlicensed health care professionals
1082	1082	29 who have successfully completed any applicable training required
1083	1083	30 by the Indiana department of health;
1084	1084	31 (8) any services provided by health care volunteers who are
1085	1085	32 permitted to practice during an event that is declared a disaster
1086	1086	33 emergency under IC 10-14-3-12 to respond to COVID-19;
1087	1087	34 (9) any services provided by individuals with provisional or
1088	1088	35 temporary licenses who are permitted to practice during an event
1089	1089	36 that is declared a disaster emergency under IC 10-14-3-12 to
1090	1090	37 respond to COVID-19; or
1091	1091	38 (10) any other services or goods furnished for the purpose of
1092	1092	39 preventing, alleviating, curing, or healing human illness, physical
1093	1093	40 disability, or injury.
1094	1094	41 SECTION 20. IC 35-46-5-1.5, AS ADDED BY P.L.213-2016,
1095	1095	42 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1096	1096	2024 IN 217—LS 6800/DI 147 26
1097	1097	1 JULY 1, 2024]: Sec. 1.5. (a) As used in this section, "aborted" means
1098	1098	2 the termination of human pregnancy with an intention other than to
1099	1099	3 produce a live birth or to remove a dead fetus. The term includes
1100	1100	4 abortions by surgical procedures and by abortion inducing drugs in
1101	1101	5 violation of IC 16-42-22.5.
1102	1102	6 (b) As used in this section, "fetal tissue" includes tissue, organs, or
1103	1103	7 any other part of an aborted fetus.
1104	1104	8 (c) This section does not apply to the proper medical disposal of
1105	1105	9 fetal tissue.
1106	1106	10 (d) A person who intentionally acquires, receives, sells, or transfers
1107	1107	11 fetal tissue commits unlawful transfer of fetal tissue, a Level 5 felony.
1108	1108	12 (e) A person may not alter the timing, method, or procedure used to
1109	1109	13 terminate a pregnancy for the purpose of obtaining or collecting fetal
1110	1110	14 tissue. A person who violates this subsection commits the unlawful
1111	1111	15 collection of fetal tissue, a Level 5 felony.
1112	1112	16 SECTION 21. IC 35-52-16-90.5 IS ADDED TO THE INDIANA
1113	1113	17 CODE AS A NEW SECTION TO READ AS FOLLOWS
1114	1114	18 [EFFECTIVE JULY 1, 2024]: Sec. 90.5. IC 16-42-22.5-4 defines a
1115	1115	19 crime concerning abortion inducing drugs.
1116	1116	2024 IN 217—LS 6800/DI 147