IN
Indiana House Bill HB1169

Indiana 2025 Regular Session

Indiana House Bill HB1169 Compare Versions

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1-*HB1169.1*
2-February 11, 2025
1+
2+Introduced Version
33 HOUSE BILL No. 1169
44 _____
5-DIGEST OF HB 1169 (Updated February 11, 2025 1:01 pm - DI 147)
6-Citations Affected: IC 16-18; IC 16-41.
5+DIGEST OF INTRODUCED BILL
6+Citations Affected: IC 16-18-2-36.4; IC 16-41-19.4.
77 Synopsis: Access to birth control program. Establishes the access to
88 birth control program (program) administered by the Indiana
99 department of health for the purpose of increasing access to birth
10-control and information concerning fertility awareness based methods
11-by Indiana residents who are eligible for Medicaid. Sets forth
12-requirements of the program.
10+control by Indiana residents with a specified maximum household
11+income. Sets forth requirements of the program.
1312 Effective: July 1, 2025.
1413 Lucas
1514 January 8, 2025, read first time and referred to Committee on Public Health.
16-February 11, 2025, amended, reported — Do Pass. Referred to Committee on Ways and
17-Means pursuant to Rule 126.3.
18-HB 1169—LS 6858/DI 104 February 11, 2025
15+2025 IN 1169—LS 6858/DI 104 Introduced
1916 First Regular Session of the 124th General Assembly (2025)
2017 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2118 Constitution) is being amended, the text of the existing provision will appear in this style type,
2219 additions will appear in this style type, and deletions will appear in this style type.
2320 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2421 provision adopted), the text of the new provision will appear in this style type. Also, the
2522 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2623 a new provision to the Indiana Code or the Indiana Constitution.
2724 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2825 between statutes enacted by the 2024 Regular Session of the General Assembly.
2926 HOUSE BILL No. 1169
3027 A BILL FOR AN ACT to amend the Indiana Code concerning
3128 health.
3229 Be it enacted by the General Assembly of the State of Indiana:
3330 1 SECTION 1. IC 16-18-2-36.4 IS ADDED TO THE INDIANA
3431 2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3532 3 [EFFECTIVE JULY 1, 2025]: Sec. 36.4. "Birth control", for
3633 4 purposes of IC 16-41-19.4, has the meaning set forth in
3734 5 IC 16-41-19.4-1.
38-6 SECTION 2. IC 16-18-2-128.1 IS ADDED TO THE INDIANA
39-7 CODE AS A NEW SECTION TO READ AS FOLLOWS
40-8 [EFFECTIVE JULY 1, 2025]: Sec. 128.1. "Fertility awareness based
41-9 methods", for purposes of IC 16-41-19.4, has the meaning set forth
42-10 in IC 16-41-19.4-2.
43-11 SECTION 3. IC 16-18-2-176.5 IS ADDED TO THE INDIANA
44-12 CODE AS A NEW SECTION TO READ AS FOLLOWS
45-13 [EFFECTIVE JULY 1, 2025]: Sec. 176.5. "Hormonal contraceptive
46-14 patch", for purposes of IC 16-41-19.4, has the meaning set forth in
47-15 IC 16-41-19.4-3.
48-16 SECTION 4. IC 16-18-2-326.9 IS ADDED TO THE INDIANA
49-17 CODE AS A NEW SECTION TO READ AS FOLLOWS
50-HB 1169—LS 6858/DI 104 2
51-1 [EFFECTIVE JULY 1, 2025]: Sec. 326.9. "Self-administered
52-2 hormonal contraceptive", for purposes of IC 16-41-19.4, has the
53-3 meaning set forth in IC 16-41-19.4-4.
54-4 SECTION 5. IC 16-41-19.4 IS ADDED TO THE INDIANA CODE
55-5 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
56-6 JULY 1, 2025]:
57-7 Chapter 19.4. Prevention and Treatment: Access to Birth
58-8 Control Program
59-9 Sec. 1. As used in this chapter, "birth control" means the
60-10 following:
61-11 (1) Hormonal contraceptive patch.
62-12 (2) Self-administered hormonal contraceptive.
63-13 Sec. 2. As used in this chapter, "fertility awareness based
64-14 methods" refers to methods of family planning that involve
65-15 monitoring biological indicators to identify fertile or infertile
66-16 phases of the menstrual cycle to achieve or avoid pregnancy.
67-17 Sec. 3. As used in this chapter, "hormonal contraceptive patch"
68-18 means a transdermal patch applied to the skin of a woman, by the
69-19 woman or by a health care practitioner or pharmacist, that
70-20 releases a drug composed of a combination of hormones that is
71-21 approved by the federal Food and Drug Administration to prevent
72-22 pregnancy. However, the term does not include a drug, substance,
73-23 or device that contains a progesterone receptor antagonist.
74-24 Sec. 4. As used in this chapter, "self-administered hormonal
75-25 contraceptive" means a drug:
76-26 (1) composed of a hormone or a combination of hormones
77-27 that is approved by the federal Food and Drug Administration
78-28 to prevent pregnancy; and
79-29 (2) that the woman to whom the drug is prescribed may
80-30 administer to herself.
81-31 The term includes hormonal contraceptive pills. However, the term
82-32 does not include a drug or substance that contains a progesterone
83-33 receptor antagonist.
84-34 Sec. 5. The state department, in consultation with local health
85-35 departments and the office of the secretary of family and social
86-36 services, shall establish the access to birth control program for the
87-37 purpose of increasing access for low income Indiana residents to
88-38 obtain birth control and information concerning fertility
89-39 awareness based methods.
90-40 Sec. 6. (a) The state department shall, as part of the program, do
91-41 the following:
92-42 (1) Develop effective ways to:
93-HB 1169—LS 6858/DI 104 3
94-1 (A) distribute birth control; and
95-2 (B) provide access to educational materials and counseling
96-3 services on fertility awareness based methods;
97-4 to Indiana residents who are eligible for Medicaid.
98-5 (2) Develop and disseminate educational materials on fertility
99-6 awareness based methods.
100-7 (3) Offer training to health care providers on fertility
101-8 awareness based methods.
102-9 (4) Collaborate with community organizations, health care
103-10 providers, and educational institutions to promote awareness
104-11 and accessability of fertility awareness based methods
105-12 resources.
106-13 (b) The program must include the following measures:
107-14 (1) Parental consent must be obtained before distributing
108-15 birth control to an individual who is less than eighteen (18)
109-16 years of age.
110-17 (2) Reimbursement for any birth control distributed may not
111-18 be higher than the Medicaid reimbursement rate for the birth
35+6 SECTION 2. IC 16-41-19.4 IS ADDED TO THE INDIANA CODE
36+7 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
37+8 JULY 1, 2025]:
38+9 Chapter 19.4. Prevention and Treatment: Access to Birth
39+10 Control Program
40+11 Sec. 1. As used in this chapter, "birth control" means the use of
41+12 a drug, a device, or surgery to prevent pregnancy. The term
42+13 includes any of the following:
43+14 (1) Condoms.
44+15 (2) Prescription drug and over the counter birth control.
45+16 (3) Contraceptive devices, including long acting reversible
46+17 contraceptive (as defined in IC 12-15-47-1).
47+2025 IN 1169—LS 6858/DI 104 2
48+1 Sec. 2. The state department, in consultation with local health
49+2 departments and the office of the secretary of family and social
50+3 services, shall establish the access to birth control program for the
51+4 purpose of increasing access for low income Indiana residents to
52+5 obtain birth control.
53+6 Sec. 3. (a) The state department shall, as part of the program,
54+7 develop effective ways to distribute birth control to Indiana
55+8 residents who have a household income of not more than one
56+9 hundred eighty-five percent (185%) of the federal poverty level.
57+10 (b) The program must include the following measures:
58+11 (1) Parental consent must be obtained before distributing
59+12 birth control to an individual who is less than eighteen (18)
60+13 years of age.
61+14 (2) Reimbursement for any birth control distributed may not
62+15 be higher than the Medicaid reimbursement rate for the birth
63+16 control.
64+17 (3) An individual who qualifies for and receives birth control
65+18 under the program may not be required to pay for the birth
11266 19 control.
113-20 (3) An individual who qualifies for and receives birth control
114-21 under the program may not be required to pay for the birth
115-22 control.
116-23 (4) Any birth control that requires a prescription must be
117-24 obtained through a health care provider with prescriptive
118-25 authority for prescribing birth control.
119-26 (5) The provision of fertility awareness based methods
120-27 counseling services must be provided by trained and qualified
121-28 health care providers to ensure personalized and evidence
122-29 based guidance on the effective use of fertility awareness
123-30 based methods.
124-31 (6) Distribution of birth control or educational materials
125-32 concerning fertility awareness based methods may not occur
126-33 at a school.
127-34 (7) The provision of fertility awareness based methods
128-35 counseling services may not occur at a school.
129-36 Sec. 7. The state department may apply for any state or federal
130-37 funding, grants, or programs available for the implementation and
131-38 administration of the program.
132-39 Sec. 8. (a) As part of the program, a local health department
133-40 may do the following:
134-41 (1) Facilitate, through a provider with prescriptive authority,
135-42 the prescribing of a:
136-HB 1169—LS 6858/DI 104 4
137-1 (A) hormonal contraceptive patch; or
138-2 (B) self-administered hormonal contraceptive;
139-3 to a woman who is at least eighteen (18) years of age.
140-4 (2) Conduct the activities described in section 6(a)(2) and
141-5 6(a)(4) of this chapter.
142-6 (3) Provide sex education and education on fertility awareness
143-7 based methods to individuals who are at least eighteen (18)
144-8 years of age.
145-9 (b) A local health department may not do the following:
146-10 (1) Provide sex education or education on fertility awareness
147-11 based methods at a school.
148-12 (2) Partner with a school to provide sex education or
149-13 education on fertility awareness based methods.
150-14 Sec. 9. The state department shall regularly assess and evaluate
151-15 the effectiveness of the program.
152-HB 1169—LS 6858/DI 104 5
153-COMMITTEE REPORT
154-Mr. Speaker: Your Committee on Public Health, to which was
155-referred House Bill 1169, has had the same under consideration and
156-begs leave to report the same back to the House with the
157-recommendation that said bill be amended as follows:
158-Page 1, between lines 5 and 6, begin a new paragraph and insert:
159-"SECTION 2. IC 16-18-2-128.1 IS ADDED TO THE INDIANA
160-CODE AS A NEW SECTION TO READ AS FOLLOWS
161-[EFFECTIVE JULY 1, 2025]: Sec. 128.1. "Fertility awareness based
162-methods", for purposes of IC 16-41-19.4, has the meaning set forth
163-in IC 16-41-19.4-2.
164-SECTION 3. IC 16-18-2-176.5 IS ADDED TO THE INDIANA
165-CODE AS A NEW SECTION TO READ AS FOLLOWS
166-[EFFECTIVE JULY 1, 2025]: Sec. 176.5. "Hormonal contraceptive
167-patch", for purposes of IC 16-41-19.4, has the meaning set forth in
168-IC 16-41-19.4-3.
169-SECTION 4. IC 16-18-2-326.9 IS ADDED TO THE INDIANA
170-CODE AS A NEW SECTION TO READ AS FOLLOWS
171-[EFFECTIVE JULY 1, 2025]: Sec. 326.9. "Self-administered
172-hormonal contraceptive", for purposes of IC 16-41-19.4, has the
173-meaning set forth in IC 16-41-19.4-4.".
174-Page 1, delete lines 11 through 17, begin a new paragraph and
175-insert:
176-"Sec. 1. As used in this chapter, "birth control" means the
177-following:
178-(1) Hormonal contraceptive patch.
179-(2) Self-administered hormonal contraceptive.
180-Sec. 2. As used in this chapter, "fertility awareness based
181-methods" refers to methods of family planning that involve
182-monitoring biological indicators to identify fertile or infertile
183-phases of the menstrual cycle to achieve or avoid pregnancy.
184-Sec. 3. As used in this chapter, "hormonal contraceptive patch"
185-means a transdermal patch applied to the skin of a woman, by the
186-woman or by a health care practitioner or pharmacist, that
187-releases a drug composed of a combination of hormones that is
188-approved by the federal Food and Drug Administration to prevent
189-pregnancy. However, the term does not include a drug, substance,
190-or device that contains a progesterone receptor antagonist.
191-Sec. 4. As used in this chapter, "self-administered hormonal
192-contraceptive" means a drug:
193-(1) composed of a hormone or a combination of hormones
194-that is approved by the federal Food and Drug Administration
195-HB 1169—LS 6858/DI 104 6
196-to prevent pregnancy; and
197-(2) that the woman to whom the drug is prescribed may
198-administer to herself.
199-The term includes hormonal contraceptive pills. However, the term
200-does not include a drug or substance that contains a progesterone
201-receptor antagonist.".
202-Page 2, line 1, delete "2." and insert "5.".
203-Page 2, line 5, delete "control." and insert "control and
204-information concerning fertility awareness based methods.".
205-Page 2, line 6, delete "3." and insert "6.".
206-Page 2, line 6, delete "program," and insert "program, do the
207-following:".
208-Page 2, delete lines 7 through 9, begin a new line block indented
209-and insert:
210-"(1) Develop effective ways to:
211-(A) distribute birth control; and
212-(B) provide access to educational materials and counseling
213-services on fertility awareness based methods;
214-to Indiana residents who are eligible for Medicaid.
215-(2) Develop and disseminate educational materials on fertility
216-awareness based methods.
217-(3) Offer training to health care providers on fertility
218-awareness based methods.
219-(4) Collaborate with community organizations, health care
220-providers, and educational institutions to promote awareness
221-and accessability of fertility awareness based methods
222-resources.".
223-Page 2, between lines 22 and 23, begin a new line block indented
224-and insert:
225-"(5) The provision of fertility awareness based methods
226-counseling services must be provided by trained and qualified
227-health care providers to ensure personalized and evidence
228-based guidance on the effective use of fertility awareness
229-based methods.
230-(6) Distribution of birth control or educational materials
231-concerning fertility awareness based methods may not occur
232-at a school.
233-(7) The provision of fertility awareness based methods
234-counseling services may not occur at a school.".
235-Page 2, line 23, delete "4." and insert "7.".
236-Page 2, after line 25, begin a new paragraph and insert:
237-"Sec. 8. (a) As part of the program, a local health department
238-HB 1169—LS 6858/DI 104 7
239-may do the following:
240-(1) Facilitate, through a provider with prescriptive authority,
241-the prescribing of a:
242-(A) hormonal contraceptive patch; or
243-(B) self-administered hormonal contraceptive;
244-to a woman who is at least eighteen (18) years of age.
245-(2) Conduct the activities described in section 6(a)(2) and
246-6(a)(4) of this chapter.
247-(3) Provide sex education and education on fertility awareness
248-based methods to individuals who are at least eighteen (18)
249-years of age.
250-(b) A local health department may not do the following:
251-(1) Provide sex education or education on fertility awareness
252-based methods at a school.
253-(2) Partner with a school to provide sex education or
254-education on fertility awareness based methods.
255-Sec. 9. The state department shall regularly assess and evaluate
256-the effectiveness of the program.".
257-Renumber all SECTIONS consecutively.
258-and when so amended that said bill do pass.
259-(Reference is to HB 1169 as introduced.)
260-BARRETT
261-Committee Vote: yeas 9, nays 3.
262-HB 1169—LS 6858/DI 104
67+20 (4) Any birth control that requires a prescription must be
68+21 obtained through a health care provider with prescriptive
69+22 authority for prescribing birth control.
70+23 Sec. 4. The state department may apply for any state or federal
71+24 funding, grants, or programs available for the implementation and
72+25 administration of the program.
73+2025 IN 1169—LS 6858/DI 104