Indiana 2025 Regular Session

Indiana Senate Bill SB0240 Compare Versions

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22 Introduced Version
33 SENATE BILL No. 240
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 5-14-3-3.1; IC 16-19-3-34.5; IC 16-21-2-12.7;
77 IC 16-34-2.
88 Synopsis: Abortion reporting and education. Requires the Indiana
99 department of health (state department) to: (1) create a video for
1010 practitioners concerning the state's abortion laws and the standard of
1111 care for treating pregnant women with life threatening conditions; and
1212 (2) publish the video on its website. Specifies the information to be
1313 included in the video. Requires a hospital and ambulatory outpatient
1414 surgical center to: (1) review its protocol for abortion; (2) require
1515 certain practitioners to watch the video; and (3) certify to the state
1616 department compliance with these provisions. Amends the information
1717 required to be reported to the state department concerning the
1818 performance of an abortion and an abortion complication. Provides that
1919 a report concerning the performance of an abortion or an abortion
2020 complication is not confidential, is a public record, and shall be open
2121 to public inspection. Requires the state department to disclose these
2222 reports under Indiana's access to public records act. Requires the state
2323 department to: (1) publish the abortion complication reports on its
2424 website; and (2) send each abortion complication report to the office of
2525 the attorney general. Prohibits certain information on each form or
2626 report from being redacted. Requires the state department, if redacting:
2727 (1) a date; or (2) the age of the patient; from the form or report, to
2828 indicate on the form or report whether any applicable reporting
2929 deadline was met and whether or not the patient was a minor. Requires
3030 the state department to provide verification to the general assembly that
3131 the state department is in compliance concerning the release of these
3232 reports. Provides that an incomplete report concerning the performance
3333 of an abortion transmitted to the state department is subject to
3434 investigation by the state department and the office of the attorney
3535 general.
3636 Effective: July 1, 2025.
3737 Johnson T, Brown L
3838 January 13, 2025, read first time and referred to Committee on Health and Provider
3939 Services.
4040 2025 IN 240—LS 6702/DI 147 Introduced
4141 First Regular Session of the 124th General Assembly (2025)
4242 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
4343 Constitution) is being amended, the text of the existing provision will appear in this style type,
4444 additions will appear in this style type, and deletions will appear in this style type.
4545 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
4646 provision adopted), the text of the new provision will appear in this style type. Also, the
4747 word NEW will appear in that style type in the introductory clause of each SECTION that adds
4848 a new provision to the Indiana Code or the Indiana Constitution.
4949 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
5050 between statutes enacted by the 2024 Regular Session of the General Assembly.
5151 SENATE BILL No. 240
5252 A BILL FOR AN ACT to amend the Indiana Code concerning
5353 health.
5454 Be it enacted by the General Assembly of the State of Indiana:
5555 1 SECTION 1. IC 5-14-3-3.1 IS ADDED TO THE INDIANA CODE
5656 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
5757 3 1, 2025]: Sec. 3.1. A report made under IC 16-34-2-4.7 or
5858 4 IC 16-34-2-5 is not confidential and is a public record pursuant to
5959 5 section 2(r) of this chapter. It shall be open to public inspection and
6060 6 the Indiana department of health shall disclose the report upon a
6161 7 request made by any person.
6262 8 SECTION 2. IC 16-19-3-34.5 IS ADDED TO THE INDIANA
6363 9 CODE AS A NEW SECTION TO READ AS FOLLOWS
6464 10 [EFFECTIVE JULY 1, 2025]: Sec. 34.5. (a) As used in this section,
6565 11 "practitioner" means the following:
6666 12 (1) A physician licensed under IC 25-22.5.
6767 13 (2) A nurse licensed under IC 25-23.
6868 14 (3) A physician assistant licensed under IC 25-27.5.
6969 15 (4) A certified nurse midwife (as defined in IC 34-18-2-6.5).
7070 16 (5) A certified direct entry midwife certified under IC 25-23.4.
7171 17 (6) Any other health care practitioner who provides emergent
7272 2025 IN 240—LS 6702/DI 147 2
7373 1 or nonemergent gynecological or obstetric care, including the
7474 2 following:
7575 3 (A) Maternal fetal medicine.
7676 4 (B) Emergency medicine.
7777 5 (C) Family medicine.
7878 6 (D) Labor and delivery.
7979 7 (b) The state department shall create a video for practitioners
8080 8 that explains and describes the:
8181 9 (1) state's abortion laws; and
8282 10 (2) standard of care for practitioners when treating pregnant
8383 11 women diagnosed with life threatening conditions or serious
8484 12 health risks (as defined in IC 16-18-2-327.9).
8585 13 (c) The video described in subsection (b) must provide
8686 14 information on the following:
8787 15 (1) The state's abortion laws, including:
8888 16 (A) the definition of abortion;
8989 17 (B) requirements to be met by a practitioner before and
9090 18 after an abortion; and
9191 19 (C) enforcement of the state's abortion laws.
9292 20 (2) Medical treatment options for pregnant women and their
9393 21 unborn children for the most common conditions that
9494 22 threaten a woman's or unborn child's life or health.
9595 23 (3) Reporting requirements for abortion, including:
9696 24 (A) abortion complication reports under IC 16-34-2-4.7;
9797 25 (B) terminated pregnancy reports under IC 16-34-2-5; and
9898 26 (C) reporting of adverse events to state or federal agencies.
9999 27 The information described in subdivision (2) must be explained
100100 28 using the standard of care based on a practitioner's reasonable
101101 29 medical judgment.
102102 30 (d) The state department shall publish the video created under
103103 31 this section and any supplemental materials on the state
104104 32 department's website.
105105 33 SECTION 3. IC 16-21-2-12.7 IS ADDED TO THE INDIANA
106106 34 CODE AS A NEW SECTION TO READ AS FOLLOWS
107107 35 [EFFECTIVE JULY 1, 2025]: Sec. 12.7. (a) As used in this section,
108108 36 "abortion education video" refers to the video created by the state
109109 37 department under IC 16-19-3-34.5.
110110 38 (b) Each hospital and ambulatory outpatient surgical center
111111 39 shall do the following:
112112 40 (1) Review the hospital's or ambulatory outpatient surgical
113113 41 center's protocol for abortions to ensure compliance with
114114 42 IC 16-34.
115115 2025 IN 240—LS 6702/DI 147 3
116116 1 (2) Provide the protocols described in subdivision (1) to each
117117 2 practitioner (as defined in IC 16-19-3-34.5) who:
118118 3 (A) is an employee, staff member, or independent
119119 4 contractor of; or
120120 5 (B) has admitting privileges at;
121121 6 the hospital or ambulatory outpatient surgical center.
122122 7 (3) Require each practitioner described in subdivision (2) to
123123 8 watch the abortion education video.
124124 9 (4) Provide a signed certification to the state department, in
125125 10 a manner prescribed by the state department, that the
126126 11 hospital or ambulatory outpatient surgical center is in
127127 12 compliance with the requirements of this section.
128128 13 (c) The state department shall:
129129 14 (1) maintain a certification form submitted by a hospital or
130130 15 ambulatory outpatient surgical center under this section; and
131131 16 (2) upon request, make a certification form described in
132132 17 subdivision (1) public under IC 5-14-3.
133133 18 SECTION 4. IC 16-34-2-4.7, AS AMENDED BY P.L.179-2022(ss),
134134 19 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
135135 20 JULY 1, 2025]: Sec. 4.7. (a) As used in this section, "abortion
136136 21 complication" means only the following physical or psychological
137137 22 conditions arising from the induction or performance of an abortion:
138138 23 (1) Uterine perforation.
139139 24 (2) Cervical laceration.
140140 25 (3) Infection.
141141 26 (4) Vaginal bleeding that qualifies as a Grade 2 or higher adverse
142142 27 event according to the Common Terminology Criteria for Adverse
143143 28 Events (CTCAE).
144144 29 (5) Pulmonary embolism.
145145 30 (6) Deep vein thrombosis.
146146 31 (7) Failure to terminate the pregnancy.
147147 32 (8) Incomplete abortion (retained tissue).
148148 33 (9) Pelvic inflammatory disease.
149149 34 (10) Missed ectopic pregnancy.
150150 35 (11) Cardiac arrest.
151151 36 (12) Respiratory arrest.
152152 37 (13) Renal failure.
153153 38 (14) Shock.
154154 39 (15) Amniotic fluid embolism.
155155 40 (16) Coma.
156156 41 (17) Placenta previa in subsequent pregnancies.
157157 42 (18) Pre-term delivery in subsequent pregnancies.
158158 2025 IN 240—LS 6702/DI 147 4
159159 1 (19) Free fluid in the abdomen.
160160 2 (20) Hemolytic reaction due to the administration of
161161 3 ABO-incompatible blood or blood products.
162162 4 (21) Hypoglycemia occurring while the patient is being treated at
163163 5 the hospital or ambulatory outpatient surgical center.
164164 6 (22) Allergic reaction to anesthesia or abortion inducing drugs.
165165 7 (23) Psychological complications, including depression, suicidal
166166 8 ideation, anxiety, and sleeping disorders.
167167 9 (24) Death.
168168 10 (25) Any other adverse event as defined by criteria provided in
169169 11 the Food and Drug Administration Safety Information and
170170 12 Adverse Event Reporting Program.
171171 13 (b) The following persons shall report to the state department each
172172 14 case in which the person treated a patient suffering from an abortion
173173 15 complication:
174174 16 (1) A physician licensed under IC 25-22.5.
175175 17 (2) A hospital licensed under IC 16-21.
176176 18 (3) Beginning September 1, 2022, an ambulatory outpatient
177177 19 surgical center licensed under IC 16-21-2.
178178 20 (c) The state department shall develop a process for the submission
179179 21 of a report under this section.
180180 22 (d) A report under this section shall be submitted to the state
181181 23 department in the manner prescribed by the state department.
182182 24 (e) The report under this section must include the following
183183 25 information concerning the abortion complication:
184184 26 (1) The date the patient presented for treatment for the abortion
185185 27 complication.
186186 28 (2) The age of the patient.
187187 29 (3) The race of the patient.
188188 30 (4) The county and state of the patient's residence.
189189 31 (5) The type of abortion obtained by the patient.
190190 32 (6) The date of abortion obtained by the patient.
191191 33 (7) The name of the:
192192 34 (A) hospital; or
193193 35 (B) ambulatory outpatient surgical center;
194194 36 where the patient obtained the abortion.
195195 37 (8) Whether the abortion was performed or occurred in
196196 38 Indiana or outside Indiana.
197197 39 (8) (9) Whether the patient obtained abortion medication via mail
198198 40 order or Internet web site, website, and if so, information
199199 41 identifying the source of the medication.
200200 42 (9) (10) Whether the complication was previously managed by the
201201 2025 IN 240—LS 6702/DI 147 5
202202 1 abortion provider or the abortion provider's required back-up
203203 2 physician.
204204 3 (10) (11) The name of the medications taken by the patient as part
205205 4 of the pharmaceutical abortion regimen, if any.
206206 5 (11) (12) A list of each diagnosed complication.
207207 6 (12) (13) A list of each treated complication, with a description of
208208 7 the treatment provided.
209209 8 (13) (14) Whether the patient's visit to treat the complications was
210210 9 the original visit or a follow-up visit.
211211 10 (14) (15) The date of each follow-up visit, if any.
212212 11 (15) (16) A list of each complication diagnosed at a follow-up
213213 12 visit, if any.
214214 13 (16) (17) A list of each complication treated at a follow-up visit,
215215 14 if any.
216216 15 (18) The location, including the facility name and city or town,
217217 16 where the patient presented for treatment of the abortion
218218 17 complication.
219219 18 (19) The full name of the health care provider who provided
220220 19 treatment for the abortion complication.
221221 20 (f) The state department shall do the following concerning a
222222 21 report received under this section:
223223 22 (1) Publish the report on the state department's website.
224224 23 (2) Send each report to the office of the attorney general.
225225 24 (g) The information described in the following is public and may
226226 25 not be redacted from a report described in subsection (f):
227227 26 (1) Subsection (e)(5).
228228 27 (2) Subsection (e)(7) through (e)(13).
229229 28 (3) Subsection (e)(18) and (e)(19).
230230 29 (h) A report made under this section is not confidential and is a
231231 30 public record pursuant to IC 5-14-3-2(r). It shall be open to public
232232 31 inspection and the state department shall disclose the report upon
233233 32 a request made by any person (as defined in IC 5-14-3-2(n)).
234234 33 (i) In releasing or making available to the public a report
235235 34 received under this section, the state department shall do the
236236 35 following:
237237 36 (1) If the state department redacts a date on a report received
238238 37 under this section, indicate on the report whether the report
239239 38 was submitted in compliance with any reporting deadline.
240240 39 (2) If the state department redacts the information described
241241 40 in subsection (e)(2) from a report, indicate on the report
242242 41 whether or not the patient was a minor.
243243 42 (f) (j) On a quarterly basis, the state department shall compile a
244244 2025 IN 240—LS 6702/DI 147 6
245245 1 public report summarizing the information collected under this section.
246246 2 The report must include statistics for the previous calendar quarter,
247247 3 with updated information for the most recent calendar quarter.
248248 4 (g) (k) The state department shall summarize the aggregate data
249249 5 from the data submitted under this section and submit the data, on or
250250 6 before June 30 of each year, to the United States Centers for Disease
251251 7 Control and Prevention for its inclusion in the annual Vital Statistics
252252 8 Report.
253253 9 (h) (l) The state department shall ensure that no identifying
254254 10 information of a pregnant woman is included in the report described in
255255 11 subsection (f). (j).
256256 12 (i) (m) This subsection applies after August 31, 2020. Each failure
257257 13 to report an abortion complication as required under this section is a
258258 14 Class B misdemeanor.
259259 15 (j) (n) The state department shall adopt rules under IC 4-22-2 to
260260 16 implement this section.
261261 17 (o) Before October 1, 2025, and before October 1 of each
262262 18 even-numbered year thereafter, the state department shall provide,
263263 19 in an electronic format under IC 5-14-6, verification to the general
264264 20 assembly that the state department is in compliance with
265265 21 subsection (h).
266266 22 SECTION 5. IC 16-34-2-5, AS AMENDED BY P.L.56-2023,
267267 23 SECTION 154, IS AMENDED TO READ AS FOLLOWS
268268 24 [EFFECTIVE JULY 1, 2025]: Sec. 5. (a) Every health care provider
269269 25 who performs a surgical abortion or provides, prescribes, administers,
270270 26 or dispenses an abortion inducing drug for the purposes of inducing an
271271 27 abortion shall report the performance of the abortion or the provision,
272272 28 prescribing, administration, or dispensing of an abortion inducing drug
273273 29 on a form drafted by the state department, the purpose and function of
274274 30 which shall be the improvement of maternal health and life through the
275275 31 compilation of relevant maternal life and health factors and data, and
276276 32 a further purpose and function shall be to monitor all abortions
277277 33 performed in Indiana to assure the abortions are done only under the
278278 34 authorized provisions of the law. For each abortion performed and
279279 35 abortion inducing drug provided, prescribed, administered, or
280280 36 dispensed, the report shall include, among other things, the following:
281281 37 (1) The age of the patient.
282282 38 (2) Whether parental consent was obtained or whether a
283283 39 waiver of consent under section 4 of this chapter was obtained.
284284 40 (3) Whether a waiver of notification under section 4 of this
285285 41 chapter was obtained.
286286 42 (4) The date and location, including the facility name and city or
287287 2025 IN 240—LS 6702/DI 147 7
288288 1 town, where the:
289289 2 (A) pregnant woman:
290290 3 (i) provided consent; and
291291 4 (ii) received all information;
292292 5 required under section 1.1 of this chapter; and
293293 6 (B) abortion was performed or the abortion inducing drug was
294294 7 provided, prescribed, administered, or dispensed.
295295 8 (5) The health care provider's full name and address, including the
296296 9 name of the physicians performing the abortion or providing,
297297 10 prescribing, administering, or dispensing the abortion inducing
298298 11 drug.
299299 12 (6) The city and county where the pregnancy termination
300300 13 occurred.
301301 14 (7) The age of the father, or the approximate age of the father if
302302 15 the father's age is unknown.
303303 16 (8) The patient's county and state of residence.
304304 17 (9) The marital status of the patient.
305305 18 (10) The educational level of the patient.
306306 19 (11) The race of the patient.
307307 20 (12) The ethnicity of the patient.
308308 21 (13) The number of the patient's previous live births.
309309 22 (14) The number of the patient's deceased children.
310310 23 (15) The number of the patient's spontaneous pregnancy
311311 24 terminations.
312312 25 (16) The number of the patient's previous induced terminations.
313313 26 (17) The date of the patient's last menses.
314314 27 (18) The physician's determination of the gestation of the fetus in
315315 28 weeks.
316316 29 (19) The reason for the abortion. Information specifying any of
317317 30 the following:
318318 31 (A) The abortion was necessary to prevent any serious
319319 32 health risk to the pregnant woman or to save the pregnant
320320 33 woman's life, including the pregnant woman's diagnosed
321321 34 condition.
322322 35 (B) The fetus was diagnosed with a lethal fetal anomaly,
323323 36 including the fetus's diagnosed condition.
324324 37 (C) The pregnancy was a result of rape or incest.
325325 38 (20) Whether the patient indicated that the patient was seeking an
326326 39 abortion as a result of being:
327327 40 (A) abused;
328328 41 (B) coerced;
329329 42 (C) harassed; or
330330 2025 IN 240—LS 6702/DI 147 8
331331 1 (D) trafficked.
332332 2 (21) The following information concerning the abortion or the
333333 3 provision, prescribing, administration, or dispensing of the
334334 4 abortion inducing drug:
335335 5 (A) The postfertilization age of the fetus (in weeks).
336336 6 (B) The manner in which the postfertilization age was
337337 7 determined.
338338 8 (C) The gender of the fetus, if detectable.
339339 9 (D) Whether the fetus has been diagnosed with or has a
340340 10 potential diagnosis of having Down syndrome or any other
341341 11 disability.
342342 12 (E) If after the earlier of the time the fetus obtains viability or
343343 13 the time the postfertilization age of the fetus is at least twenty
344344 14 (20) weeks, the medical reason for the performance of the
345345 15 abortion.
346346 16 (22) For a surgical abortion, the specific medical procedure used
347347 17 for the abortion, including the postfertilization age of the fetus,
348348 18 and: if the fetus had a postfertilization age of at least twenty (20)
349349 19 weeks:
350350 20 (A) whether the procedure, in the reasonable judgment of the
351351 21 health care provider, gave the fetus the best opportunity to
352352 22 survive;
353353 23 (B) the basis for the determination that the pregnant woman
354354 24 had a condition described in this chapter that required the
355355 25 abortion to avert the death of or serious impairment to the
356356 26 pregnant woman; and
357357 27 (C) the name of the second doctor present, as required under
358358 28 IC 16-34-2-3(a)(3).
359359 29 (23) For a nonsurgical abortion, the precise drugs provided,
360360 30 prescribed, administered, or dispensed, and the means of delivery
361361 31 of the drugs to the patient.
362362 32 (24) For a nonsurgical abortion, that the manufacturer's
363363 33 instructions were provided to the patient and that the patient
364364 34 signed the patient agreement.
365365 35 (25) For a nonsurgical abortion, that the abortion inducing
366366 36 drug was dispensed and consumed in the presence of the
367367 37 physician in accordance with section 1(a) of this chapter.
368368 38 (25) (26) For an abortion performed before twenty (20) weeks of
369369 39 postfertilization age of the fetus, the medical indication by
370370 40 diagnosis code for the fetus and the mother.
371371 41 (26) (27) The mother's obstetrical history, including dates of other
372372 42 abortions, if any.
373373 2025 IN 240—LS 6702/DI 147 9
374374 1 (27) (28) Any preexisting medical conditions of the patient that
375375 2 may complicate the abortion.
376376 3 (28) (29) The results of pathological examinations if performed.
377377 4 (29) (30) For a surgical abortion, whether the fetus was delivered
378378 5 alive, and if so, how long the fetus lived, and that the physician
379379 6 complied with the requirements in IC 16-21-2-17.
380380 7 (30) (31) Records of all maternal deaths occurring at the location
381381 8 where the abortion was performed or the abortion inducing drug
382382 9 was provided, prescribed, administered, or dispensed, including
383383 10 the specific cause of death.
384384 11 (31) (32) The date the form was transmitted to the state
385385 12 department and, if applicable, separately to the department of
386386 13 child services.
387387 14 (33) The name of each person assisting with the report.
388388 15 (34) Certification by the attending physician, under the
389389 16 penalty of perjury, that the:
390390 17 (A) report was reviewed and approved by the attending
391391 18 physician;
392392 19 (B) information in the report is true and correct; and
393393 20 (C) abortion was performed in compliance with this
394394 21 article.
395395 22 (b) The health care provider shall complete the form provided for in
396396 23 subsection (a), including each field on the form, and shall transmit
397397 24 the completed form to the state department, in the manner specified on
398398 25 the form, within thirty (30) days after the date of each abortion.
399399 26 However, if an abortion is for a female who is less than sixteen (16)
400400 27 years of age, the health care provider shall transmit the form to the state
401401 28 department and separately to the department of child services within
402402 29 three (3) days after the abortion is performed.
403403 30 (c) The dates supplied on the form may not be redacted for any
404404 31 reason before the form is transmitted as provided in this section.
405405 32 (d) Each failure to complete or timely transmit a form, as required
406406 33 under this section, for each abortion performed or abortion inducing
407407 34 drug that was provided, prescribed, administered, or dispensed, is a
408408 35 Class B misdemeanor.
409409 36 (e) An incomplete form transmitted to the state department
410410 37 under subsection (b) is subject to investigation by the state
411411 38 department and the office of the attorney general.
412412 39 (f) The information described in the following is public and may
413413 40 not be redacted from each form received under this section:
414414 41 (1) Subsection (a)(2) and (a)(3).
415415 42 (2) Subsection (a)(5).
416416 2025 IN 240—LS 6702/DI 147 10
417417 1 (3) Subsection (a)(18) and (a)(19).
418418 2 (4) Subsection (a)(21)(A) and (a)(21)(E).
419419 3 (5) Subsection (a)(22) through (a)(26).
420420 4 (6) Subsection (a)(29) through (a)(32).
421421 5 (7) Subsection (a)(34).
422422 6 (g) A report made under this section is not confidential and is a
423423 7 public record pursuant to IC 5-14-3-2(r). It shall be open to public
424424 8 inspection and the state department shall disclose the report upon
425425 9 a request made by any person (as defined in IC 5-14-3-2(n)).
426426 10 (h) In releasing or making available to the public a form
427427 11 received under this section, the state department shall do the
428428 12 following:
429429 13 (1) If the state department redacts a date on a form received
430430 14 under this section, indicate on the form whether the health
431431 15 care provider transmitted the form to the state department by
432432 16 the reporting deadline described in subsection (b).
433433 17 (2) If the state department redacts the information described
434434 18 in subsection (a)(1) from a form, indicate on the form whether
435435 19 or not the patient was a minor.
436436 20 (e) (i) On a quarterly basis, the state department shall compile a
437437 21 public report providing the following:
438438 22 (1) Statistics for the previous calendar quarter from the
439439 23 information submitted under this section.
440440 24 (2) Statistics for previous calendar years compiled by the state
441441 25 department under this subsection, with updated information for
442442 26 the calendar quarter that was submitted to the state department
443443 27 after the compilation of the statistics.
444444 28 The state department shall ensure that no identifying information of a
445445 29 pregnant woman is contained in the report.
446446 30 (f) (j) The state department shall:
447447 31 (1) summarize aggregate data from all data submitted under this
448448 32 section; and
449449 33 (2) submit the data, before July 1 of each year, to the United
450450 34 States Centers for Disease Control and Prevention for its inclusion
451451 35 in the annual Vital Statistics Report.
452452 36 (k) Before October 1, 2025, and before October 1 of each
453453 37 even-numbered year thereafter, the state department shall provide,
454454 38 in an electronic format under IC 5-14-6, verification to the general
455455 39 assembly that the state department is in compliance with
456456 40 subsection (g).
457457 2025 IN 240—LS 6702/DI 147