1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1339 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 25-22.5-6-2.2. |
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7 | 7 | | Synopsis: Hysterectomy and oophorectomy informed consent. |
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8 | 8 | | Requires a physician to provide certain information to a patient and |
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9 | 9 | | obtain oral and written consent before a hysterectomy or an |
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10 | 10 | | oophorectomy may be performed. Allows for an exception in an |
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11 | 11 | | emergency. Allows for the modification of an informed consent form |
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12 | 12 | | by the patient and specifies requirements for the modification. |
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13 | 13 | | Effective: July 1, 2025. |
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14 | 14 | | Borders |
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15 | 15 | | January 13, 2025, read first time and referred to Committee on Public Health. |
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16 | 16 | | 2025 IN 1339—LS 7220/DI 104 Introduced |
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17 | 17 | | First Regular Session of the 124th General Assembly (2025) |
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18 | 18 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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19 | 19 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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20 | 20 | | additions will appear in this style type, and deletions will appear in this style type. |
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21 | 21 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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22 | 22 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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23 | 23 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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24 | 24 | | a new provision to the Indiana Code or the Indiana Constitution. |
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25 | 25 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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26 | 26 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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27 | 27 | | HOUSE BILL No. 1339 |
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28 | 28 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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29 | 29 | | professions and occupations. |
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30 | 30 | | Be it enacted by the General Assembly of the State of Indiana: |
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31 | 31 | | 1 SECTION 1. IC 25-22.5-6-2.2 IS ADDED TO THE INDIANA |
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32 | 32 | | 2 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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33 | 33 | | 3 [EFFECTIVE JULY 1, 2025]: Sec. 2.2. (a) Except as provided in |
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34 | 34 | | 4 subsection (c), when a physician recommends a hysterectomy or an |
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35 | 35 | | 5 oophorectomy, the physician shall obtain oral and written |
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36 | 36 | | 6 informed consent from the patient. The informed consent |
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37 | 37 | | 7 procedure must ensure that the following information is given to |
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38 | 38 | | 8 the patient at least two (2) weeks before the surgery is scheduled: |
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39 | 39 | | 9 (1) Notice that the individual is free to withhold or withdraw |
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40 | 40 | | 10 consent to the procedure at any time before the hysterectomy |
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41 | 41 | | 11 or oophorectomy without affecting the right to future care or |
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42 | 42 | | 12 treatment and without loss or withdrawal of any state or |
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43 | 43 | | 13 federally funded program benefits to which the individual |
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44 | 44 | | 14 might be otherwise entitled. |
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45 | 45 | | 15 (2) A copy of the DVD entitled "Female Anatomy: The |
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46 | 46 | | 16 Functions of the Female Organs" produced by the |
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47 | 47 | | 17 Hysterectomy Educational Resources and Services (HERS) |
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48 | 48 | | 2025 IN 1339—LS 7220/DI 104 2 |
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49 | 49 | | 1 Foundation, including a printed transcript of the text of the |
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50 | 50 | | 2 DVD. |
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51 | 51 | | 3 (3) A copy of the pamphlet entitled "An Introduction to |
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52 | 52 | | 4 Hysterectomy: What Every Woman Needs to Know" |
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53 | 53 | | 5 produced by the HERS Foundation. |
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54 | 54 | | 6 (4) A color copy of the following diagrams: |
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55 | 55 | | 7 (A) The female pelvic organs. |
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56 | 56 | | 8 (B) Supporting structures of the female pelvic organs. |
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57 | 57 | | 9 (C) Nerve supply to the uterus and ovaries. |
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58 | 58 | | 10 (D) Arteries and veins that provide blood supply to the |
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59 | 59 | | 11 female pelvic organs. |
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60 | 60 | | 12 (b) The patient shall sign a written statement before the |
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61 | 61 | | 13 hysterectomy or oophorectomy is performed, indicating the patient |
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62 | 62 | | 14 has read the written information provided under subsection (a), |
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63 | 63 | | 15 and that this information has been discussed by the patient and the |
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64 | 64 | | 16 surgeon. The informed consent statement must indicate that the |
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65 | 65 | | 17 patient has been advised by the patient's surgeon that the effects of |
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66 | 66 | | 18 the hysterectomy are irreversible and the patient will be unable to |
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67 | 67 | | 19 conceive. A patient may modify the consent form to require the |
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68 | 68 | | 20 surgeon to stop the surgery and suture any open wounds under |
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69 | 69 | | 21 specified circumstances. If the consent form is modified under this |
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70 | 70 | | 22 subsection: |
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71 | 71 | | 23 (1) any modification to the consent form must be |
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72 | 72 | | 24 acknowledged with the initials of both the patient and the |
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73 | 73 | | 25 surgeon on the consent form; and |
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74 | 74 | | 26 (2) the surgeon shall provide the patient with a written copy |
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75 | 75 | | 27 of the modified consent form with the acknowledgment |
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76 | 76 | | 28 required under subdivision (1). |
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77 | 77 | | 29 (c) The informed consent procedure under this section is not |
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78 | 78 | | 30 required when the hysterectomy is performed in a life threatening |
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79 | 79 | | 31 emergency situation in which the physician determines prior |
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80 | 80 | | 32 written informed consent is not possible. |
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81 | 81 | | 33 (d) If, after a hearing, the board finds that a physician or |
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82 | 82 | | 34 surgeon has not complied with this section, the physician is subject |
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83 | 83 | | 35 to disciplinary sanctions under IC 25-1-9. |
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84 | 84 | | 2025 IN 1339—LS 7220/DI 104 |
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