Introduced Version
SENATE BILL No. 240
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-14-3-3.1; IC 16-19-3-34.5; IC 16-21-2-12.7;
IC 16-34-2.
Synopsis: Abortion reporting and education. Requires the Indiana
department of health (state department) to: (1) create a video for
practitioners concerning the state's abortion laws and the standard of
care for treating pregnant women with life threatening conditions; and
(2) publish the video on its website. Specifies the information to be
included in the video. Requires a hospital and ambulatory outpatient
surgical center to: (1) review its protocol for abortion; (2) require
certain practitioners to watch the video; and (3) certify to the state
department compliance with these provisions. Amends the information
required to be reported to the state department concerning the
performance of an abortion and an abortion complication. Provides that
a report concerning the performance of an abortion or an abortion
complication is not confidential, is a public record, and shall be open
to public inspection. Requires the state department to disclose these
reports under Indiana's access to public records act. Requires the state
department to: (1) publish the abortion complication reports on its
website; and (2) send each abortion complication report to the office of
the attorney general. Prohibits certain information on each form or
report from being redacted. Requires the state department, if redacting:
(1) a date; or (2) the age of the patient; from the form or report, to
indicate on the form or report whether any applicable reporting
deadline was met and whether or not the patient was a minor. Requires
the state department to provide verification to the general assembly that
the state department is in compliance concerning the release of these
reports. Provides that an incomplete report concerning the performance
of an abortion transmitted to the state department is subject to
investigation by the state department and the office of the attorney
general.
Effective: July 1, 2025.
Johnson T, Brown L
January 13, 2025, read first time and referred to Committee on Health and Provider
Services.
2025 IN 240—LS 6702/DI 147 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. 240
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 5-14-3-3.1 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]: Sec. 3.1. A report made under IC 16-34-2-4.7 or
4 IC 16-34-2-5 is not confidential and is a public record pursuant to
5 section 2(r) of this chapter. It shall be open to public inspection and
6 the Indiana department of health shall disclose the report upon a
7 request made by any person.
8 SECTION 2. IC 16-19-3-34.5 IS ADDED TO THE INDIANA
9 CODE AS A NEW SECTION TO READ AS FOLLOWS
10 [EFFECTIVE JULY 1, 2025]: Sec. 34.5. (a) As used in this section,
11 "practitioner" means the following:
12 (1) A physician licensed under IC 25-22.5.
13 (2) A nurse licensed under IC 25-23.
14 (3) A physician assistant licensed under IC 25-27.5.
15 (4) A certified nurse midwife (as defined in IC 34-18-2-6.5).
16 (5) A certified direct entry midwife certified under IC 25-23.4.
17 (6) Any other health care practitioner who provides emergent
2025 IN 240—LS 6702/DI 147 2
1 or nonemergent gynecological or obstetric care, including the
2 following:
3 (A) Maternal fetal medicine.
4 (B) Emergency medicine.
5 (C) Family medicine.
6 (D) Labor and delivery.
7 (b) The state department shall create a video for practitioners
8 that explains and describes the:
9 (1) state's abortion laws; and
10 (2) standard of care for practitioners when treating pregnant
11 women diagnosed with life threatening conditions or serious
12 health risks (as defined in IC 16-18-2-327.9).
13 (c) The video described in subsection (b) must provide
14 information on the following:
15 (1) The state's abortion laws, including:
16 (A) the definition of abortion;
17 (B) requirements to be met by a practitioner before and
18 after an abortion; and
19 (C) enforcement of the state's abortion laws.
20 (2) Medical treatment options for pregnant women and their
21 unborn children for the most common conditions that
22 threaten a woman's or unborn child's life or health.
23 (3) Reporting requirements for abortion, including:
24 (A) abortion complication reports under IC 16-34-2-4.7;
25 (B) terminated pregnancy reports under IC 16-34-2-5; and
26 (C) reporting of adverse events to state or federal agencies.
27 The information described in subdivision (2) must be explained
28 using the standard of care based on a practitioner's reasonable
29 medical judgment.
30 (d) The state department shall publish the video created under
31 this section and any supplemental materials on the state
32 department's website.
33 SECTION 3. IC 16-21-2-12.7 IS ADDED TO THE INDIANA
34 CODE AS A NEW SECTION TO READ AS FOLLOWS
35 [EFFECTIVE JULY 1, 2025]: Sec. 12.7. (a) As used in this section,
36 "abortion education video" refers to the video created by the state
37 department under IC 16-19-3-34.5.
38 (b) Each hospital and ambulatory outpatient surgical center
39 shall do the following:
40 (1) Review the hospital's or ambulatory outpatient surgical
41 center's protocol for abortions to ensure compliance with
42 IC 16-34.
2025 IN 240—LS 6702/DI 147 3
1 (2) Provide the protocols described in subdivision (1) to each
2 practitioner (as defined in IC 16-19-3-34.5) who:
3 (A) is an employee, staff member, or independent
4 contractor of; or
5 (B) has admitting privileges at;
6 the hospital or ambulatory outpatient surgical center.
7 (3) Require each practitioner described in subdivision (2) to
8 watch the abortion education video.
9 (4) Provide a signed certification to the state department, in
10 a manner prescribed by the state department, that the
11 hospital or ambulatory outpatient surgical center is in
12 compliance with the requirements of this section.
13 (c) The state department shall:
14 (1) maintain a certification form submitted by a hospital or
15 ambulatory outpatient surgical center under this section; and
16 (2) upon request, make a certification form described in
17 subdivision (1) public under IC 5-14-3.
18 SECTION 4. IC 16-34-2-4.7, AS AMENDED BY P.L.179-2022(ss),
19 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2025]: Sec. 4.7. (a) As used in this section, "abortion
21 complication" means only the following physical or psychological
22 conditions arising from the induction or performance of an abortion:
23 (1) Uterine perforation.
24 (2) Cervical laceration.
25 (3) Infection.
26 (4) Vaginal bleeding that qualifies as a Grade 2 or higher adverse
27 event according to the Common Terminology Criteria for Adverse
28 Events (CTCAE).
29 (5) Pulmonary embolism.
30 (6) Deep vein thrombosis.
31 (7) Failure to terminate the pregnancy.
32 (8) Incomplete abortion (retained tissue).
33 (9) Pelvic inflammatory disease.
34 (10) Missed ectopic pregnancy.
35 (11) Cardiac arrest.
36 (12) Respiratory arrest.
37 (13) Renal failure.
38 (14) Shock.
39 (15) Amniotic fluid embolism.
40 (16) Coma.
41 (17) Placenta previa in subsequent pregnancies.
42 (18) Pre-term delivery in subsequent pregnancies.
2025 IN 240—LS 6702/DI 147 4
1 (19) Free fluid in the abdomen.
2 (20) Hemolytic reaction due to the administration of
3 ABO-incompatible blood or blood products.
4 (21) Hypoglycemia occurring while the patient is being treated at
5 the hospital or ambulatory outpatient surgical center.
6 (22) Allergic reaction to anesthesia or abortion inducing drugs.
7 (23) Psychological complications, including depression, suicidal
8 ideation, anxiety, and sleeping disorders.
9 (24) Death.
10 (25) Any other adverse event as defined by criteria provided in
11 the Food and Drug Administration Safety Information and
12 Adverse Event Reporting Program.
13 (b) The following persons shall report to the state department each
14 case in which the person treated a patient suffering from an abortion
15 complication:
16 (1) A physician licensed under IC 25-22.5.
17 (2) A hospital licensed under IC 16-21.
18 (3) Beginning September 1, 2022, an ambulatory outpatient
19 surgical center licensed under IC 16-21-2.
20 (c) The state department shall develop a process for the submission
21 of a report under this section.
22 (d) A report under this section shall be submitted to the state
23 department in the manner prescribed by the state department.
24 (e) The report under this section must include the following
25 information concerning the abortion complication:
26 (1) The date the patient presented for treatment for the abortion
27 complication.
28 (2) The age of the patient.
29 (3) The race of the patient.
30 (4) The county and state of the patient's residence.
31 (5) The type of abortion obtained by the patient.
32 (6) The date of abortion obtained by the patient.
33 (7) The name of the:
34 (A) hospital; or
35 (B) ambulatory outpatient surgical center;
36 where the patient obtained the abortion.
37 (8) Whether the abortion was performed or occurred in
38 Indiana or outside Indiana.
39 (8) (9) Whether the patient obtained abortion medication via mail
40 order or Internet web site, website, and if so, information
41 identifying the source of the medication.
42 (9) (10) Whether the complication was previously managed by the
2025 IN 240—LS 6702/DI 147 5
1 abortion provider or the abortion provider's required back-up
2 physician.
3 (10) (11) The name of the medications taken by the patient as part
4 of the pharmaceutical abortion regimen, if any.
5 (11) (12) A list of each diagnosed complication.
6 (12) (13) A list of each treated complication, with a description of
7 the treatment provided.
8 (13) (14) Whether the patient's visit to treat the complications was
9 the original visit or a follow-up visit.
10 (14) (15) The date of each follow-up visit, if any.
11 (15) (16) A list of each complication diagnosed at a follow-up
12 visit, if any.
13 (16) (17) A list of each complication treated at a follow-up visit,
14 if any.
15 (18) The location, including the facility name and city or town,
16 where the patient presented for treatment of the abortion
17 complication.
18 (19) The full name of the health care provider who provided
19 treatment for the abortion complication.
20 (f) The state department shall do the following concerning a
21 report received under this section:
22 (1) Publish the report on the state department's website.
23 (2) Send each report to the office of the attorney general.
24 (g) The information described in the following is public and may
25 not be redacted from a report described in subsection (f):
26 (1) Subsection (e)(5).
27 (2) Subsection (e)(7) through (e)(13).
28 (3) Subsection (e)(18) and (e)(19).
29 (h) A report made under this section is not confidential and is a
30 public record pursuant to IC 5-14-3-2(r). It shall be open to public
31 inspection and the state department shall disclose the report upon
32 a request made by any person (as defined in IC 5-14-3-2(n)).
33 (i) In releasing or making available to the public a report
34 received under this section, the state department shall do the
35 following:
36 (1) If the state department redacts a date on a report received
37 under this section, indicate on the report whether the report
38 was submitted in compliance with any reporting deadline.
39 (2) If the state department redacts the information described
40 in subsection (e)(2) from a report, indicate on the report
41 whether or not the patient was a minor.
42 (f) (j) On a quarterly basis, the state department shall compile a
2025 IN 240—LS 6702/DI 147 6
1 public report summarizing the information collected under this section.
2 The report must include statistics for the previous calendar quarter,
3 with updated information for the most recent calendar quarter.
4 (g) (k) The state department shall summarize the aggregate data
5 from the data submitted under this section and submit the data, on or
6 before June 30 of each year, to the United States Centers for Disease
7 Control and Prevention for its inclusion in the annual Vital Statistics
8 Report.
9 (h) (l) The state department shall ensure that no identifying
10 information of a pregnant woman is included in the report described in
11 subsection (f). (j).
12 (i) (m) This subsection applies after August 31, 2020. Each failure
13 to report an abortion complication as required under this section is a
14 Class B misdemeanor.
15 (j) (n) The state department shall adopt rules under IC 4-22-2 to
16 implement this section.
17 (o) Before October 1, 2025, and before October 1 of each
18 even-numbered year thereafter, the state department shall provide,
19 in an electronic format under IC 5-14-6, verification to the general
20 assembly that the state department is in compliance with
21 subsection (h).
22 SECTION 5. IC 16-34-2-5, AS AMENDED BY P.L.56-2023,
23 SECTION 154, IS AMENDED TO READ AS FOLLOWS
24 [EFFECTIVE JULY 1, 2025]: Sec. 5. (a) Every health care provider
25 who performs a surgical abortion or provides, prescribes, administers,
26 or dispenses an abortion inducing drug for the purposes of inducing an
27 abortion shall report the performance of the abortion or the provision,
28 prescribing, administration, or dispensing of an abortion inducing drug
29 on a form drafted by the state department, the purpose and function of
30 which shall be the improvement of maternal health and life through the
31 compilation of relevant maternal life and health factors and data, and
32 a further purpose and function shall be to monitor all abortions
33 performed in Indiana to assure the abortions are done only under the
34 authorized provisions of the law. For each abortion performed and
35 abortion inducing drug provided, prescribed, administered, or
36 dispensed, the report shall include, among other things, the following:
37 (1) The age of the patient.
38 (2) Whether parental consent was obtained or whether a
39 waiver of consent under section 4 of this chapter was obtained.
40 (3) Whether a waiver of notification under section 4 of this
41 chapter was obtained.
42 (4) The date and location, including the facility name and city or
2025 IN 240—LS 6702/DI 147 7
1 town, where the:
2 (A) pregnant woman:
3 (i) provided consent; and
4 (ii) received all information;
5 required under section 1.1 of this chapter; and
6 (B) abortion was performed or the abortion inducing drug was
7 provided, prescribed, administered, or dispensed.
8 (5) The health care provider's full name and address, including the
9 name of the physicians performing the abortion or providing,
10 prescribing, administering, or dispensing the abortion inducing
11 drug.
12 (6) The city and county where the pregnancy termination
13 occurred.
14 (7) The age of the father, or the approximate age of the father if
15 the father's age is unknown.
16 (8) The patient's county and state of residence.
17 (9) The marital status of the patient.
18 (10) The educational level of the patient.
19 (11) The race of the patient.
20 (12) The ethnicity of the patient.
21 (13) The number of the patient's previous live births.
22 (14) The number of the patient's deceased children.
23 (15) The number of the patient's spontaneous pregnancy
24 terminations.
25 (16) The number of the patient's previous induced terminations.
26 (17) The date of the patient's last menses.
27 (18) The physician's determination of the gestation of the fetus in
28 weeks.
29 (19) The reason for the abortion. Information specifying any of
30 the following:
31 (A) The abortion was necessary to prevent any serious
32 health risk to the pregnant woman or to save the pregnant
33 woman's life, including the pregnant woman's diagnosed
34 condition.
35 (B) The fetus was diagnosed with a lethal fetal anomaly,
36 including the fetus's diagnosed condition.
37 (C) The pregnancy was a result of rape or incest.
38 (20) Whether the patient indicated that the patient was seeking an
39 abortion as a result of being:
40 (A) abused;
41 (B) coerced;
42 (C) harassed; or
2025 IN 240—LS 6702/DI 147 8
1 (D) trafficked.
2 (21) The following information concerning the abortion or the
3 provision, prescribing, administration, or dispensing of the
4 abortion inducing drug:
5 (A) The postfertilization age of the fetus (in weeks).
6 (B) The manner in which the postfertilization age was
7 determined.
8 (C) The gender of the fetus, if detectable.
9 (D) Whether the fetus has been diagnosed with or has a
10 potential diagnosis of having Down syndrome or any other
11 disability.
12 (E) If after the earlier of the time the fetus obtains viability or
13 the time the postfertilization age of the fetus is at least twenty
14 (20) weeks, the medical reason for the performance of the
15 abortion.
16 (22) For a surgical abortion, the specific medical procedure used
17 for the abortion, including the postfertilization age of the fetus,
18 and: if the fetus had a postfertilization age of at least twenty (20)
19 weeks:
20 (A) whether the procedure, in the reasonable judgment of the
21 health care provider, gave the fetus the best opportunity to
22 survive;
23 (B) the basis for the determination that the pregnant woman
24 had a condition described in this chapter that required the
25 abortion to avert the death of or serious impairment to the
26 pregnant woman; and
27 (C) the name of the second doctor present, as required under
28 IC 16-34-2-3(a)(3).
29 (23) For a nonsurgical abortion, the precise drugs provided,
30 prescribed, administered, or dispensed, and the means of delivery
31 of the drugs to the patient.
32 (24) For a nonsurgical abortion, that the manufacturer's
33 instructions were provided to the patient and that the patient
34 signed the patient agreement.
35 (25) For a nonsurgical abortion, that the abortion inducing
36 drug was dispensed and consumed in the presence of the
37 physician in accordance with section 1(a) of this chapter.
38 (25) (26) For an abortion performed before twenty (20) weeks of
39 postfertilization age of the fetus, the medical indication by
40 diagnosis code for the fetus and the mother.
41 (26) (27) The mother's obstetrical history, including dates of other
42 abortions, if any.
2025 IN 240—LS 6702/DI 147 9
1 (27) (28) Any preexisting medical conditions of the patient that
2 may complicate the abortion.
3 (28) (29) The results of pathological examinations if performed.
4 (29) (30) For a surgical abortion, whether the fetus was delivered
5 alive, and if so, how long the fetus lived, and that the physician
6 complied with the requirements in IC 16-21-2-17.
7 (30) (31) Records of all maternal deaths occurring at the location
8 where the abortion was performed or the abortion inducing drug
9 was provided, prescribed, administered, or dispensed, including
10 the specific cause of death.
11 (31) (32) The date the form was transmitted to the state
12 department and, if applicable, separately to the department of
13 child services.
14 (33) The name of each person assisting with the report.
15 (34) Certification by the attending physician, under the
16 penalty of perjury, that the:
17 (A) report was reviewed and approved by the attending
18 physician;
19 (B) information in the report is true and correct; and
20 (C) abortion was performed in compliance with this
21 article.
22 (b) The health care provider shall complete the form provided for in
23 subsection (a), including each field on the form, and shall transmit
24 the completed form to the state department, in the manner specified on
25 the form, within thirty (30) days after the date of each abortion.
26 However, if an abortion is for a female who is less than sixteen (16)
27 years of age, the health care provider shall transmit the form to the state
28 department and separately to the department of child services within
29 three (3) days after the abortion is performed.
30 (c) The dates supplied on the form may not be redacted for any
31 reason before the form is transmitted as provided in this section.
32 (d) Each failure to complete or timely transmit a form, as required
33 under this section, for each abortion performed or abortion inducing
34 drug that was provided, prescribed, administered, or dispensed, is a
35 Class B misdemeanor.
36 (e) An incomplete form transmitted to the state department
37 under subsection (b) is subject to investigation by the state
38 department and the office of the attorney general.
39 (f) The information described in the following is public and may
40 not be redacted from each form received under this section:
41 (1) Subsection (a)(2) and (a)(3).
42 (2) Subsection (a)(5).
2025 IN 240—LS 6702/DI 147 10
1 (3) Subsection (a)(18) and (a)(19).
2 (4) Subsection (a)(21)(A) and (a)(21)(E).
3 (5) Subsection (a)(22) through (a)(26).
4 (6) Subsection (a)(29) through (a)(32).
5 (7) Subsection (a)(34).
6 (g) A report made under this section is not confidential and is a
7 public record pursuant to IC 5-14-3-2(r). It shall be open to public
8 inspection and the state department shall disclose the report upon
9 a request made by any person (as defined in IC 5-14-3-2(n)).
10 (h) In releasing or making available to the public a form
11 received under this section, the state department shall do the
12 following:
13 (1) If the state department redacts a date on a form received
14 under this section, indicate on the form whether the health
15 care provider transmitted the form to the state department by
16 the reporting deadline described in subsection (b).
17 (2) If the state department redacts the information described
18 in subsection (a)(1) from a form, indicate on the form whether
19 or not the patient was a minor.
20 (e) (i) On a quarterly basis, the state department shall compile a
21 public report providing the following:
22 (1) Statistics for the previous calendar quarter from the
23 information submitted under this section.
24 (2) Statistics for previous calendar years compiled by the state
25 department under this subsection, with updated information for
26 the calendar quarter that was submitted to the state department
27 after the compilation of the statistics.
28 The state department shall ensure that no identifying information of a
29 pregnant woman is contained in the report.
30 (f) (j) The state department shall:
31 (1) summarize aggregate data from all data submitted under this
32 section; and
33 (2) submit the data, before July 1 of each year, to the United
34 States Centers for Disease Control and Prevention for its inclusion
35 in the annual Vital Statistics Report.
36 (k) Before October 1, 2025, and before October 1 of each
37 even-numbered year thereafter, the state department shall provide,
38 in an electronic format under IC 5-14-6, verification to the general
39 assembly that the state department is in compliance with
40 subsection (g).
2025 IN 240—LS 6702/DI 147