Indiana 2025 Regular Session

Indiana Senate Bill SB0191 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. 191
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 16-34-2-5.
7	7	Synopsis: Confidentiality of termination of pregnancy reports. States
8	8	that a health care provider's report concerning the performance of an
9	9	abortion that is submitted to the Indiana department of health is a
10	10	medical record, confidential, and not subject to disclosure as a public
11	11	record.
12	12	Effective: Upon passage.
13	13	Jackson L
14	14	January 8, 2025, read first time and referred to Committee on Health and Provider
15	15	Services.
16	16	2025 IN 191—LS 6473/DI 104 Introduced
17	17	First Regular Session of the 124th General Assembly (2025)
18	18	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
19	19	Constitution) is being amended, the text of the existing provision will appear in this style type,
20	20	additions will appear in this style type, and deletions will appear in this style type.
21	21	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
22	22	provision adopted), the text of the new provision will appear in this style type. Also, the
23	23	word NEW will appear in that style type in the introductory clause of each SECTION that adds
24	24	a new provision to the Indiana Code or the Indiana Constitution.
25	25	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
26	26	between statutes enacted by the 2024 Regular Session of the General Assembly.
27	27	SENATE BILL No. 191
28	28	A BILL FOR AN ACT to amend the Indiana Code concerning
29	29	health.
30	30	Be it enacted by the General Assembly of the State of Indiana:
31	31	1 SECTION 1. IC 16-34-2-5, AS AMENDED BY P.L.56-2023,
32	32	2 SECTION 154, IS AMENDED TO READ AS FOLLOWS
33	33	3 [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) Every health care
34	34	4 provider who performs a surgical abortion or provides, prescribes,
35	35	5 administers, or dispenses an abortion inducing drug for the purposes of
36	36	6 inducing an abortion shall report the performance of the abortion or the
37	37	7 provision, prescribing, administration, or dispensing of an abortion
38	38	8 inducing drug on a form drafted by the state department, the purpose
39	39	9 and function of which shall be the improvement of maternal health and
40	40	10 life through the compilation of relevant maternal life and health factors
41	41	11 and data, and a further purpose and function shall be to monitor all
42	42	12 abortions performed in Indiana to assure the abortions are done only
43	43	13 under the authorized provisions of the law. For each abortion
44	44	14 performed and abortion inducing drug provided, prescribed,
45	45	15 administered, or dispensed, the report shall include, among other
46	46	16 things, the following:
47	47	17 (1) The age of the patient.
48	48	2025 IN 191—LS 6473/DI 104 2
49	49	1 (2) Whether a waiver of consent under section 4 of this chapter
50	50	2 was obtained.
51	51	3 (3) Whether a waiver of notification under section 4 of this
52	52	4 chapter was obtained.
53	53	5 (4) The date and location, including the facility name and city or
54	54	6 town, where the:
55	55	7 (A) pregnant woman:
56	56	8 (i) provided consent; and
57	57	9 (ii) received all information;
58	58	10 required under section 1.1 of this chapter; and
59	59	11 (B) abortion was performed or the abortion inducing drug was
60	60	12 provided, prescribed, administered, or dispensed.
61	61	13 (5) The health care provider's full name and address, including the
62	62	14 name of the physicians performing the abortion or providing,
63	63	15 prescribing, administering, or dispensing the abortion inducing
64	64	16 drug.
65	65	17 (6) The city and county where the pregnancy termination
66	66	18 occurred.
67	67	19 (7) The age of the father, or the approximate age of the father if
68	68	20 the father's age is unknown.
69	69	21 (8) The patient's county and state of residence.
70	70	22 (9) The marital status of the patient.
71	71	23 (10) The educational level of the patient.
72	72	24 (11) The race of the patient.
73	73	25 (12) The ethnicity of the patient.
74	74	26 (13) The number of the patient's previous live births.
75	75	27 (14) The number of the patient's deceased children.
76	76	28 (15) The number of the patient's spontaneous pregnancy
77	77	29 terminations.
78	78	30 (16) The number of the patient's previous induced terminations.
79	79	31 (17) The date of the patient's last menses.
80	80	32 (18) The physician's determination of the gestation of the fetus in
81	81	33 weeks.
82	82	34 (19) The reason for the abortion.
83	83	35 (20) Whether the patient indicated that the patient was seeking an
84	84	36 abortion as a result of being:
85	85	37 (A) abused;
86	86	38 (B) coerced;
87	87	39 (C) harassed; or
88	88	40 (D) trafficked.
89	89	41 (21) The following information concerning the abortion or the
90	90	42 provision, prescribing, administration, or dispensing of the
91	91	2025 IN 191—LS 6473/DI 104 3
92	92	1 abortion inducing drug:
93	93	2 (A) The postfertilization age of the fetus (in weeks).
94	94	3 (B) The manner in which the postfertilization age was
95	95	4 determined.
96	96	5 (C) The gender of the fetus, if detectable.
97	97	6 (D) Whether the fetus has been diagnosed with or has a
98	98	7 potential diagnosis of having Down syndrome or any other
99	99	8 disability.
100	100	9 (E) If after the earlier of the time the fetus obtains viability or
101	101	10 the time the postfertilization age of the fetus is at least twenty
102	102	11 (20) weeks, the medical reason for the performance of the
103	103	12 abortion.
104	104	13 (22) For a surgical abortion, the medical procedure used for the
105	105	14 abortion and, if the fetus had a postfertilization age of at least
106	106	15 twenty (20) weeks:
107	107	16 (A) whether the procedure, in the reasonable judgment of the
108	108	17 health care provider, gave the fetus the best opportunity to
109	109	18 survive;
110	110	19 (B) the basis for the determination that the pregnant woman
111	111	20 had a condition described in this chapter that required the
112	112	21 abortion to avert the death of or serious impairment to the
113	113	22 pregnant woman; and
114	114	23 (C) the name of the second doctor present, as required under
115	115	24 IC 16-34-2-3(a)(3).
116	116	25 (23) For a nonsurgical abortion, the precise drugs provided,
117	117	26 prescribed, administered, or dispensed, and the means of delivery
118	118	27 of the drugs to the patient.
119	119	28 (24) For a nonsurgical abortion, that the manufacturer's
120	120	29 instructions were provided to the patient and that the patient
121	121	30 signed the patient agreement.
122	122	31 (25) For an abortion performed before twenty (20) weeks of
123	123	32 postfertilization age of the fetus, the medical indication by
124	124	33 diagnosis code for the fetus and the mother.
125	125	34 (26) The mother's obstetrical history, including dates of other
126	126	35 abortions, if any.
127	127	36 (27) Any preexisting medical conditions of the patient that may
128	128	37 complicate the abortion.
129	129	38 (28) The results of pathological examinations if performed.
130	130	39 (29) For a surgical abortion, whether the fetus was delivered
131	131	40 alive, and if so, how long the fetus lived.
132	132	41 (30) Records of all maternal deaths occurring at the location
133	133	42 where the abortion was performed or the abortion inducing drug
134	134	2025 IN 191—LS 6473/DI 104 4
135	135	1 was provided, prescribed, administered, or dispensed.
136	136	2 (31) The date the form was transmitted to the state department
137	137	3 and, if applicable, separately to the department of child services.
138	138	4 (b) The health care provider shall complete the form provided for in
139	139	5 subsection (a) and shall transmit the completed form to the state
140	140	6 department, in the manner specified on the form, within thirty (30) days
141	141	7 after the date of each abortion. However, if an abortion is for a female
142	142	8 who is less than sixteen (16) years of age, the health care provider shall
143	143	9 transmit the form to the state department and separately to the
144	144	10 department of child services within three (3) days after the abortion is
145	145	11 performed. A report submitted by a health care provider under this
146	146	12 subsection is a medical record under IC 5-14-3-4(a)(9), is
147	147	13 confidential, and may not be disclosed by the state department to
148	148	14 the public under IC 5-14-3.
149	149	15 (c) The dates supplied on the form may not be redacted for any
150	150	16 reason before the form is transmitted as provided in this section.
151	151	17 (d) Each failure to complete or timely transmit a form, as required
152	152	18 under this section, for each abortion performed or abortion inducing
153	153	19 drug that was provided, prescribed, administered, or dispensed, is a
154	154	20 Class B misdemeanor.
155	155	21 (e) On a quarterly basis, the state department shall compile a public
156	156	22 report providing the following:
157	157	23 (1) Statistics for the previous calendar quarter from the
158	158	24 information submitted under this section.
159	159	25 (2) Statistics for previous calendar years compiled by the state
160	160	26 department under this subsection, with updated information for
161	161	27 the calendar quarter that was submitted to the state department
162	162	28 after the compilation of the statistics.
163	163	29 The state department shall ensure that no identifying information of a
164	164	30 pregnant woman is contained in the report.
165	165	31 (f) The state department shall:
166	166	32 (1) summarize aggregate data from all data submitted under this
167	167	33 section; and
168	168	34 (2) submit the data, before July 1 of each year, to the United
169	169	35 States Centers for Disease Control and Prevention for its inclusion
170	170	36 in the annual Vital Statistics Report.
171	171	37 SECTION 2. An emergency is declared for this act.
172	172	2025 IN 191—LS 6473/DI 104