Introduced Version
SENATE BILL No. 191
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 16-34-2-5.
Synopsis: Confidentiality of termination of pregnancy reports. States
that a health care provider's report concerning the performance of an
abortion that is submitted to the Indiana department of health is a
medical record, confidential, and not subject to disclosure as a public
record.
Effective: Upon passage.
Jackson L
January 8, 2025, read first time and referred to Committee on Health and Provider
Services.
2025 IN 191—LS 6473/DI 104 Introduced
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.
SENATE BILL No. 191
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 16-34-2-5, AS AMENDED BY P.L.56-2023,
2 SECTION 154, IS AMENDED TO READ AS FOLLOWS
3 [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) Every health care
4 provider who performs a surgical abortion or provides, prescribes,
5 administers, or dispenses an abortion inducing drug for the purposes of
6 inducing an abortion shall report the performance of the abortion or the
7 provision, prescribing, administration, or dispensing of an abortion
8 inducing drug on a form drafted by the state department, the purpose
9 and function of which shall be the improvement of maternal health and
10 life through the compilation of relevant maternal life and health factors
11 and data, and a further purpose and function shall be to monitor all
12 abortions performed in Indiana to assure the abortions are done only
13 under the authorized provisions of the law. For each abortion
14 performed and abortion inducing drug provided, prescribed,
15 administered, or dispensed, the report shall include, among other
16 things, the following:
17 (1) The age of the patient.
2025 IN 191—LS 6473/DI 104 2
1 (2) Whether a waiver of consent under section 4 of this chapter
2 was obtained.
3 (3) Whether a waiver of notification under section 4 of this
4 chapter was obtained.
5 (4) The date and location, including the facility name and city or
6 town, where the:
7 (A) pregnant woman:
8 (i) provided consent; and
9 (ii) received all information;
10 required under section 1.1 of this chapter; and
11 (B) abortion was performed or the abortion inducing drug was
12 provided, prescribed, administered, or dispensed.
13 (5) The health care provider's full name and address, including the
14 name of the physicians performing the abortion or providing,
15 prescribing, administering, or dispensing the abortion inducing
16 drug.
17 (6) The city and county where the pregnancy termination
18 occurred.
19 (7) The age of the father, or the approximate age of the father if
20 the father's age is unknown.
21 (8) The patient's county and state of residence.
22 (9) The marital status of the patient.
23 (10) The educational level of the patient.
24 (11) The race of the patient.
25 (12) The ethnicity of the patient.
26 (13) The number of the patient's previous live births.
27 (14) The number of the patient's deceased children.
28 (15) The number of the patient's spontaneous pregnancy
29 terminations.
30 (16) The number of the patient's previous induced terminations.
31 (17) The date of the patient's last menses.
32 (18) The physician's determination of the gestation of the fetus in
33 weeks.
34 (19) The reason for the abortion.
35 (20) Whether the patient indicated that the patient was seeking an
36 abortion as a result of being:
37 (A) abused;
38 (B) coerced;
39 (C) harassed; or
40 (D) trafficked.
41 (21) The following information concerning the abortion or the
42 provision, prescribing, administration, or dispensing of the
2025 IN 191—LS 6473/DI 104 3
1 abortion inducing drug:
2 (A) The postfertilization age of the fetus (in weeks).
3 (B) The manner in which the postfertilization age was
4 determined.
5 (C) The gender of the fetus, if detectable.
6 (D) Whether the fetus has been diagnosed with or has a
7 potential diagnosis of having Down syndrome or any other
8 disability.
9 (E) If after the earlier of the time the fetus obtains viability or
10 the time the postfertilization age of the fetus is at least twenty
11 (20) weeks, the medical reason for the performance of the
12 abortion.
13 (22) For a surgical abortion, the medical procedure used for the
14 abortion and, if the fetus had a postfertilization age of at least
15 twenty (20) weeks:
16 (A) whether the procedure, in the reasonable judgment of the
17 health care provider, gave the fetus the best opportunity to
18 survive;
19 (B) the basis for the determination that the pregnant woman
20 had a condition described in this chapter that required the
21 abortion to avert the death of or serious impairment to the
22 pregnant woman; and
23 (C) the name of the second doctor present, as required under
24 IC 16-34-2-3(a)(3).
25 (23) For a nonsurgical abortion, the precise drugs provided,
26 prescribed, administered, or dispensed, and the means of delivery
27 of the drugs to the patient.
28 (24) For a nonsurgical abortion, that the manufacturer's
29 instructions were provided to the patient and that the patient
30 signed the patient agreement.
31 (25) For an abortion performed before twenty (20) weeks of
32 postfertilization age of the fetus, the medical indication by
33 diagnosis code for the fetus and the mother.
34 (26) The mother's obstetrical history, including dates of other
35 abortions, if any.
36 (27) Any preexisting medical conditions of the patient that may
37 complicate the abortion.
38 (28) The results of pathological examinations if performed.
39 (29) For a surgical abortion, whether the fetus was delivered
40 alive, and if so, how long the fetus lived.
41 (30) Records of all maternal deaths occurring at the location
42 where the abortion was performed or the abortion inducing drug
2025 IN 191—LS 6473/DI 104 4
1 was provided, prescribed, administered, or dispensed.
2 (31) The date the form was transmitted to the state department
3 and, if applicable, separately to the department of child services.
4 (b) The health care provider shall complete the form provided for in
5 subsection (a) and shall transmit the completed form to the state
6 department, in the manner specified on the form, within thirty (30) days
7 after the date of each abortion. However, if an abortion is for a female
8 who is less than sixteen (16) years of age, the health care provider shall
9 transmit the form to the state department and separately to the
10 department of child services within three (3) days after the abortion is
11 performed. A report submitted by a health care provider under this
12 subsection is a medical record under IC 5-14-3-4(a)(9), is
13 confidential, and may not be disclosed by the state department to
14 the public under IC 5-14-3.
15 (c) The dates supplied on the form may not be redacted for any
16 reason before the form is transmitted as provided in this section.
17 (d) Each failure to complete or timely transmit a form, as required
18 under this section, for each abortion performed or abortion inducing
19 drug that was provided, prescribed, administered, or dispensed, is a
20 Class B misdemeanor.
21 (e) On a quarterly basis, the state department shall compile a public
22 report providing the following:
23 (1) Statistics for the previous calendar quarter from the
24 information submitted under this section.
25 (2) Statistics for previous calendar years compiled by the state
26 department under this subsection, with updated information for
27 the calendar quarter that was submitted to the state department
28 after the compilation of the statistics.
29 The state department shall ensure that no identifying information of a
30 pregnant woman is contained in the report.
31 (f) The state department shall:
32 (1) summarize aggregate data from all data submitted under this
33 section; and
34 (2) submit the data, before July 1 of each year, to the United
35 States Centers for Disease Control and Prevention for its inclusion
36 in the annual Vital Statistics Report.
37 SECTION 2. An emergency is declared for this act.
2025 IN 191—LS 6473/DI 104