*HB1169.1*
February 11, 2025
HOUSE BILL No. 1169
_____
DIGEST OF HB 1169 (Updated February 11, 2025 1:01 pm - DI 147)
Citations Affected: IC 16-18; IC 16-41.
Synopsis: Access to birth control program. Establishes the access to
birth control program (program) administered by the Indiana
department of health for the purpose of increasing access to birth
control and information concerning fertility awareness based methods
by Indiana residents who are eligible for Medicaid. Sets forth
requirements of the program.
Effective: July 1, 2025.
Lucas
January 8, 2025, read first time and referred to Committee on Public Health.
February 11, 2025, amended, reported — Do Pass. Referred to Committee on Ways and
Means pursuant to Rule 126.3.
HB 1169—LS 6858/DI 104 February 11, 2025
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1169
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 16-18-2-36.4 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2025]: Sec. 36.4. "Birth control", for
4 purposes of IC 16-41-19.4, has the meaning set forth in
5 IC 16-41-19.4-1.
6 SECTION 2. IC 16-18-2-128.1 IS ADDED TO THE INDIANA
7 CODE AS A NEW SECTION TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2025]: Sec. 128.1. "Fertility awareness based
9 methods", for purposes of IC 16-41-19.4, has the meaning set forth
10 in IC 16-41-19.4-2.
11 SECTION 3. IC 16-18-2-176.5 IS ADDED TO THE INDIANA
12 CODE AS A NEW SECTION TO READ AS FOLLOWS
13 [EFFECTIVE JULY 1, 2025]: Sec. 176.5. "Hormonal contraceptive
14 patch", for purposes of IC 16-41-19.4, has the meaning set forth in
15 IC 16-41-19.4-3.
16 SECTION 4. IC 16-18-2-326.9 IS ADDED TO THE INDIANA
17 CODE AS A NEW SECTION TO READ AS FOLLOWS
HB 1169—LS 6858/DI 104 2
1 [EFFECTIVE JULY 1, 2025]: Sec. 326.9. "Self-administered
2 hormonal contraceptive", for purposes of IC 16-41-19.4, has the
3 meaning set forth in IC 16-41-19.4-4.
4 SECTION 5. IC 16-41-19.4 IS ADDED TO THE INDIANA CODE
5 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2025]:
7 Chapter 19.4. Prevention and Treatment: Access to Birth
8 Control Program
9 Sec. 1. As used in this chapter, "birth control" means the
10 following:
11 (1) Hormonal contraceptive patch.
12 (2) Self-administered hormonal contraceptive.
13 Sec. 2. As used in this chapter, "fertility awareness based
14 methods" refers to methods of family planning that involve
15 monitoring biological indicators to identify fertile or infertile
16 phases of the menstrual cycle to achieve or avoid pregnancy.
17 Sec. 3. As used in this chapter, "hormonal contraceptive patch"
18 means a transdermal patch applied to the skin of a woman, by the
19 woman or by a health care practitioner or pharmacist, that
20 releases a drug composed of a combination of hormones that is
21 approved by the federal Food and Drug Administration to prevent
22 pregnancy. However, the term does not include a drug, substance,
23 or device that contains a progesterone receptor antagonist.
24 Sec. 4. As used in this chapter, "self-administered hormonal
25 contraceptive" means a drug:
26 (1) composed of a hormone or a combination of hormones
27 that is approved by the federal Food and Drug Administration
28 to prevent pregnancy; and
29 (2) that the woman to whom the drug is prescribed may
30 administer to herself.
31 The term includes hormonal contraceptive pills. However, the term
32 does not include a drug or substance that contains a progesterone
33 receptor antagonist.
34 Sec. 5. The state department, in consultation with local health
35 departments and the office of the secretary of family and social
36 services, shall establish the access to birth control program for the
37 purpose of increasing access for low income Indiana residents to
38 obtain birth control and information concerning fertility
39 awareness based methods.
40 Sec. 6. (a) The state department shall, as part of the program, do
41 the following:
42 (1) Develop effective ways to:
HB 1169—LS 6858/DI 104 3
1 (A) distribute birth control; and
2 (B) provide access to educational materials and counseling
3 services on fertility awareness based methods;
4 to Indiana residents who are eligible for Medicaid.
5 (2) Develop and disseminate educational materials on fertility
6 awareness based methods.
7 (3) Offer training to health care providers on fertility
8 awareness based methods.
9 (4) Collaborate with community organizations, health care
10 providers, and educational institutions to promote awareness
11 and accessability of fertility awareness based methods
12 resources.
13 (b) The program must include the following measures:
14 (1) Parental consent must be obtained before distributing
15 birth control to an individual who is less than eighteen (18)
16 years of age.
17 (2) Reimbursement for any birth control distributed may not
18 be higher than the Medicaid reimbursement rate for the birth
19 control.
20 (3) An individual who qualifies for and receives birth control
21 under the program may not be required to pay for the birth
22 control.
23 (4) Any birth control that requires a prescription must be
24 obtained through a health care provider with prescriptive
25 authority for prescribing birth control.
26 (5) The provision of fertility awareness based methods
27 counseling services must be provided by trained and qualified
28 health care providers to ensure personalized and evidence
29 based guidance on the effective use of fertility awareness
30 based methods.
31 (6) Distribution of birth control or educational materials
32 concerning fertility awareness based methods may not occur
33 at a school.
34 (7) The provision of fertility awareness based methods
35 counseling services may not occur at a school.
36 Sec. 7. The state department may apply for any state or federal
37 funding, grants, or programs available for the implementation and
38 administration of the program.
39 Sec. 8. (a) As part of the program, a local health department
40 may do the following:
41 (1) Facilitate, through a provider with prescriptive authority,
42 the prescribing of a:
HB 1169—LS 6858/DI 104 4
1 (A) hormonal contraceptive patch; or
2 (B) self-administered hormonal contraceptive;
3 to a woman who is at least eighteen (18) years of age.
4 (2) Conduct the activities described in section 6(a)(2) and
5 6(a)(4) of this chapter.
6 (3) Provide sex education and education on fertility awareness
7 based methods to individuals who are at least eighteen (18)
8 years of age.
9 (b) A local health department may not do the following:
10 (1) Provide sex education or education on fertility awareness
11 based methods at a school.
12 (2) Partner with a school to provide sex education or
13 education on fertility awareness based methods.
14 Sec. 9. The state department shall regularly assess and evaluate
15 the effectiveness of the program.
HB 1169—LS 6858/DI 104 5
COMMITTEE REPORT
Mr. Speaker: Your Committee on Public Health, to which was
referred House Bill 1169, has had the same under consideration and
begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
Page 1, between lines 5 and 6, begin a new paragraph and insert:
"SECTION 2. IC 16-18-2-128.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 128.1. "Fertility awareness based
methods", for purposes of IC 16-41-19.4, has the meaning set forth
in IC 16-41-19.4-2.
SECTION 3. IC 16-18-2-176.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 176.5. "Hormonal contraceptive
patch", for purposes of IC 16-41-19.4, has the meaning set forth in
IC 16-41-19.4-3.
SECTION 4. IC 16-18-2-326.9 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 326.9. "Self-administered
hormonal contraceptive", for purposes of IC 16-41-19.4, has the
meaning set forth in IC 16-41-19.4-4.".
Page 1, delete lines 11 through 17, begin a new paragraph and
insert:
"Sec. 1. As used in this chapter, "birth control" means the
following:
(1) Hormonal contraceptive patch.
(2) Self-administered hormonal contraceptive.
Sec. 2. As used in this chapter, "fertility awareness based
methods" refers to methods of family planning that involve
monitoring biological indicators to identify fertile or infertile
phases of the menstrual cycle to achieve or avoid pregnancy.
Sec. 3. As used in this chapter, "hormonal contraceptive patch"
means a transdermal patch applied to the skin of a woman, by the
woman or by a health care practitioner or pharmacist, that
releases a drug composed of a combination of hormones that is
approved by the federal Food and Drug Administration to prevent
pregnancy. However, the term does not include a drug, substance,
or device that contains a progesterone receptor antagonist.
Sec. 4. As used in this chapter, "self-administered hormonal
contraceptive" means a drug:
(1) composed of a hormone or a combination of hormones
that is approved by the federal Food and Drug Administration
HB 1169—LS 6858/DI 104 6
to prevent pregnancy; and
(2) that the woman to whom the drug is prescribed may
administer to herself.
The term includes hormonal contraceptive pills. However, the term
does not include a drug or substance that contains a progesterone
receptor antagonist.".
Page 2, line 1, delete "2." and insert "5.".
Page 2, line 5, delete "control." and insert "control and
information concerning fertility awareness based methods.".
Page 2, line 6, delete "3." and insert "6.".
Page 2, line 6, delete "program," and insert "program, do the
following:".
Page 2, delete lines 7 through 9, begin a new line block indented
and insert:
"(1) Develop effective ways to:
(A) distribute birth control; and
(B) provide access to educational materials and counseling
services on fertility awareness based methods;
to Indiana residents who are eligible for Medicaid.
(2) Develop and disseminate educational materials on fertility
awareness based methods.
(3) Offer training to health care providers on fertility
awareness based methods.
(4) Collaborate with community organizations, health care
providers, and educational institutions to promote awareness
and accessability of fertility awareness based methods
resources.".
Page 2, between lines 22 and 23, begin a new line block indented
and insert:
"(5) The provision of fertility awareness based methods
counseling services must be provided by trained and qualified
health care providers to ensure personalized and evidence
based guidance on the effective use of fertility awareness
based methods.
(6) Distribution of birth control or educational materials
concerning fertility awareness based methods may not occur
at a school.
(7) The provision of fertility awareness based methods
counseling services may not occur at a school.".
Page 2, line 23, delete "4." and insert "7.".
Page 2, after line 25, begin a new paragraph and insert:
"Sec. 8. (a) As part of the program, a local health department
HB 1169—LS 6858/DI 104 7
may do the following:
(1) Facilitate, through a provider with prescriptive authority,
the prescribing of a:
(A) hormonal contraceptive patch; or
(B) self-administered hormonal contraceptive;
to a woman who is at least eighteen (18) years of age.
(2) Conduct the activities described in section 6(a)(2) and
6(a)(4) of this chapter.
(3) Provide sex education and education on fertility awareness
based methods to individuals who are at least eighteen (18)
years of age.
(b) A local health department may not do the following:
(1) Provide sex education or education on fertility awareness
based methods at a school.
(2) Partner with a school to provide sex education or
education on fertility awareness based methods.
Sec. 9. The state department shall regularly assess and evaluate
the effectiveness of the program.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1169 as introduced.)
BARRETT
Committee Vote: yeas 9, nays 3.
HB 1169—LS 6858/DI 104