Indiana 2025 Regular Session

Indiana Senate Bill SB0275 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11
22 Introduced Version
33 SENATE BILL No. 275
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 16-18-2; IC 16-21; IC 16-31-6.5-2; IC 16-34;
77 IC 16-41-16-1; IC 25-1-9.8-10; IC 25-22.5-8-6; IC 25-36.1-2-1;
88 IC 27-1-46-10; IC 27-2-25-11; IC 27-8-33; IC 27-13-7-7.5;
99 IC 35-41-3-12; IC 35-42-1.
1010 Synopsis: Abortion. Reestablishes the licensure of abortion clinics.
1111 Changes statutes concerning when an abortion may be performed.
1212 Removes the eight week limitation on the use of an abortion inducing
1313 drug. Allows, rather than requires, the revocation of a physician's
1414 license for the performance of an abortion in violation of the law.
1515 Effective: Upon passage.
1616 Yoder, Hunley, Pol Jr.
1717 January 13, 2025, read first time and referred to Committee on Health and Provider
1818 Services.
1919 2025 IN 275—LS 6211/DI 107 Introduced
2020 First Regular Session of the 124th General Assembly (2025)
2121 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2222 Constitution) is being amended, the text of the existing provision will appear in this style type,
2323 additions will appear in this style type, and deletions will appear in this style type.
2424 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2525 provision adopted), the text of the new provision will appear in this style type. Also, the
2626 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2727 a new provision to the Indiana Code or the Indiana Constitution.
2828 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2929 between statutes enacted by the 2024 Regular Session of the General Assembly.
3030 SENATE BILL No. 275
3131 A BILL FOR AN ACT to amend the Indiana Code concerning
3232 health.
3333 Be it enacted by the General Assembly of the State of Indiana:
3434 1 SECTION 1. IC 16-18-2-1.3 IS ADDED TO THE INDIANA CODE
3535 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
3636 3 UPON PASSAGE]: Sec. 1.3. (a) "Abortion clinic", for purposes of
3737 4 IC 16-21, IC 16-31-6.5, IC 16-34, and IC 16-41-16, means a health
3838 5 care provider that:
3939 6 (1) performs surgical abortion procedures; or
4040 7 (2) provides an abortion inducing drug for the purpose of
4141 8 inducing an abortion.
4242 9 (b) The term does not include the following:
4343 10 (1) A hospital that is licensed as a hospital under IC 16-21-2.
4444 11 (2) An ambulatory outpatient surgical center that is licensed
4545 12 as an ambulatory outpatient surgical center under IC 16-21-2.
4646 13 (3) A health care provider that provides, prescribes,
4747 14 administers, or dispenses an abortion inducing drug to fewer
4848 15 than five (5) patients per year for the purposes of inducing an
4949 16 abortion.
5050 17 SECTION 2. IC 16-18-2-8.5 IS ADDED TO THE INDIANA CODE
5151 2025 IN 275—LS 6211/DI 107 2
5252 1 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
5353 2 UPON PASSAGE]: Sec. 8.5. "Affiliate", for purposes of
5454 3 IC 16-21-2-11, means any person who directly or indirectly
5555 4 controls, is controlled by, or is under common control of another
5656 5 person.
5757 6 SECTION 3. IC 16-18-2-14, AS AMENDED BY P.L.179-2022(ss),
5858 7 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5959 8 UPON PASSAGE]: Sec. 14. (a) "Ambulatory outpatient surgical
6060 9 center", for purposes of IC 16-21, IC 16-32-5, and IC 16-38-2, means
6161 10 a public or private institution that meets the following conditions:
6262 11 (1) Is established, equipped, and operated primarily for the
6363 12 purpose of performing surgical procedures and services.
6464 13 (2) Is operated under the supervision of at least one (1) licensed
6565 14 physician or under the supervision of the governing board of the
6666 15 hospital if the center is affiliated with a hospital.
6767 16 (3) Permits a surgical procedure to be performed only by a
6868 17 physician, dentist, or podiatrist who meets the following
6969 18 conditions:
7070 19 (A) Is qualified by education and training to perform the
7171 20 surgical procedure.
7272 21 (B) Is legally authorized to perform the procedure.
7373 22 (C) Is privileged to perform surgical procedures in at least one
7474 23 (1) hospital within the county or an Indiana county adjacent to
7575 24 the county in which the ambulatory outpatient surgical center
7676 25 is located.
7777 26 (D) Is admitted to the open staff of the ambulatory outpatient
7878 27 surgical center.
7979 28 (4) Requires that a licensed physician with specialized training or
8080 29 experience in the administration of an anesthetic supervise the
8181 30 administration of the anesthetic to a patient and remain present in
8282 31 the facility during the surgical procedure, except when only a
8383 32 local infiltration anesthetic is administered.
8484 33 (5) Provides at least one (1) operating room and, if anesthetics
8585 34 other than local infiltration anesthetics are administered, at least
8686 35 one (1) postanesthesia recovery room.
8787 36 (6) Is equipped to perform diagnostic x-ray and laboratory
8888 37 examinations required in connection with any surgery performed.
8989 38 (7) Does not provide accommodations for patient stays of longer
9090 39 than twenty-four (24) hours.
9191 40 (8) Provides full-time services of registered and licensed nurses
9292 41 for the professional care of the patients in the postanesthesia
9393 42 recovery room.
9494 2025 IN 275—LS 6211/DI 107 3
9595 1 (9) Has available the necessary equipment and trained personnel
9696 2 to handle foreseeable emergencies such as a defibrillator for
9797 3 cardiac arrest, a tracheotomy set for airway obstructions, and a
9898 4 blood bank or other blood supply.
9999 5 (10) Maintains a written agreement with at least one (1) hospital
100100 6 for immediate acceptance of patients who develop complications
101101 7 or require postoperative confinement.
102102 8 (11) Provides for the periodic review of the center and the center's
103103 9 operations by a committee of at least three (3) licensed physicians
104104 10 having no financial connections with the center.
105105 11 (12) Maintains adequate medical records for each patient.
106106 12 (13) Meets all additional minimum requirements as established by
107107 13 the state department for building and equipment requirements.
108108 14 (14) Meets the rules and other requirements established by the
109109 15 state department for the health, safety, and welfare of the patients.
110110 16 (b) The term does not include a birthing center.
111111 17 (c) "Ambulatory outpatient surgical center", for purposes of
112112 18 IC 16-34, refers to an institution described in subsection (a) and that
113113 19 has a majority ownership by a hospital licensed under IC 16-21.
114114 20 SECTION 4. IC 16-18-2-163, AS AMENDED BY
115115 21 P.L.179-2022(ss), SECTION 4, IS AMENDED TO READ AS
116116 22 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 163. (a) Except as
117117 23 provided in subsection (c), "health care provider", for purposes of
118118 24 IC 16-21 and IC 16-41, means any of the following:
119119 25 (1) An individual, a partnership, a corporation, a professional
120120 26 corporation, a facility, or an institution licensed or legally
121121 27 authorized by this state to provide health care or professional
122122 28 services as a licensed physician, a psychiatric hospital, a hospital,
123123 29 a health facility, an emergency ambulance service (IC 16-31-3),
124124 30 a dentist, a registered or licensed practical nurse, a midwife, an
125125 31 optometrist, a pharmacist, a podiatrist, a chiropractor, a physical
126126 32 therapist, a respiratory care practitioner, an occupational therapist,
127127 33 a psychologist, a paramedic, an emergency medical technician, an
128128 34 advanced emergency medical technician, an athletic trainer, or a
129129 35 person who is an officer, employee, or agent of the individual,
130130 36 partnership, corporation, professional corporation, facility, or
131131 37 institution acting in the course and scope of the person's
132132 38 employment.
133133 39 (2) A college, university, or junior college that provides health
134134 40 care to a student, a faculty member, or an employee, and the
135135 41 governing board or a person who is an officer, employee, or agent
136136 42 of the college, university, or junior college acting in the course
137137 2025 IN 275—LS 6211/DI 107 4
138138 1 and scope of the person's employment.
139139 2 (3) A blood bank, community mental health center, community
140140 3 intellectual disability center, community health center, or migrant
141141 4 health center.
142142 5 (4) A home health agency (as defined in IC 16-27-1-2).
143143 6 (5) A health maintenance organization (as defined in
144144 7 IC 27-13-1-19).
145145 8 (6) A health care organization whose members, shareholders, or
146146 9 partners are health care providers under subdivision (1).
147147 10 (7) A corporation, partnership, or professional corporation not
148148 11 otherwise qualified under this subsection that:
149149 12 (A) provides health care as one (1) of the corporation's,
150150 13 partnership's, or professional corporation's functions;
151151 14 (B) is organized or registered under state law; and
152152 15 (C) is determined to be eligible for coverage as a health care
153153 16 provider under IC 34-18 for the corporation's, partnership's, or
154154 17 professional corporation's health care function.
155155 18 Coverage for a health care provider qualified under this
156156 19 subdivision is limited to the health care provider's health care
157157 20 functions and does not extend to other causes of action.
158158 21 (b) "Health care provider", for purposes of IC 16-35, has the
159159 22 meaning set forth in subsection (a). However, for purposes of IC 16-35,
160160 23 the term also includes a health facility (as defined in section 167 of this
161161 24 chapter).
162162 25 (c) "Health care provider", for purposes of IC 16-32-5, IC 16-36-5,
163163 26 IC 16-36-6, and IC 16-41-10 means an individual licensed or
164164 27 authorized by this state to provide health care or professional services
165165 28 as:
166166 29 (1) a licensed physician;
167167 30 (2) a registered nurse;
168168 31 (3) a licensed practical nurse;
169169 32 (4) an advanced practice registered nurse;
170170 33 (5) a certified nurse midwife;
171171 34 (6) a paramedic;
172172 35 (7) an emergency medical technician;
173173 36 (8) an advanced emergency medical technician;
174174 37 (9) an emergency medical responder, as defined by section 109.8
175175 38 of this chapter;
176176 39 (10) a licensed dentist;
177177 40 (11) a home health aide, as defined by section 174 of this chapter;
178178 41 or
179179 42 (12) a licensed physician assistant.
180180 2025 IN 275—LS 6211/DI 107 5
181181 1 The term includes an individual who is an employee or agent of a
182182 2 health care provider acting in the course and scope of the individual's
183183 3 employment.
184184 4 (d) "Health care provider", for purposes of IC 16-36-7, has the
185185 5 meaning set forth in IC 16-36-7-12.
186186 6 (e) "Health care provider", for purposes of section 1.3 of this
187187 7 chapter and IC 16-40-4, means any of the following:
188188 8 (1) An individual, a partnership, a corporation, a professional
189189 9 corporation, a facility, or an institution licensed or authorized by
190190 10 the state to provide health care or professional services as a
191191 11 licensed physician, a psychiatric hospital, a hospital, a health
192192 12 facility, an emergency ambulance service (IC 16-31-3), an
193193 13 ambulatory outpatient surgical center, a dentist, an optometrist, a
194194 14 pharmacist, a podiatrist, a chiropractor, a psychologist, or a
195195 15 person who is an officer, employee, or agent of the individual,
196196 16 partnership, corporation, professional corporation, facility, or
197197 17 institution acting in the course and scope of the person's
198198 18 employment.
199199 19 (2) A blood bank, laboratory, community mental health center,
200200 20 community intellectual disability center, community health
201201 21 center, or migrant health center.
202202 22 (3) A home health agency (as defined in IC 16-27-1-2).
203203 23 (4) A health maintenance organization (as defined in
204204 24 IC 27-13-1-19).
205205 25 (5) A health care organization whose members, shareholders, or
206206 26 partners are health care providers under subdivision (1).
207207 27 (6) A corporation, partnership, or professional corporation not
208208 28 otherwise specified in this subsection that:
209209 29 (A) provides health care as one (1) of the corporation's,
210210 30 partnership's, or professional corporation's functions;
211211 31 (B) is organized or registered under state law; and
212212 32 (C) is determined to be eligible for coverage as a health care
213213 33 provider under IC 34-18 for the corporation's, partnership's, or
214214 34 professional corporation's health care function.
215215 35 (7) A person that is designated to maintain the records of a person
216216 36 described in subdivisions (1) through (6).
217217 37 (f) "Health care provider", for purposes of IC 16-45-4, has the
218218 38 meaning set forth in 47 CFR 54.601(a).
219219 39 SECTION 5. IC 16-21-1-7, AS AMENDED BY P.L.179-2022(ss),
220220 40 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
221221 41 UPON PASSAGE]: Sec. 7. The executive board may adopt rules under
222222 42 IC 4-22-2 necessary to protect the health, safety, rights, and welfare of
223223 2025 IN 275—LS 6211/DI 107 6
224224 1 patients, including the following:
225225 2 (1) Rules pertaining to the operation and management of
226226 3 hospitals, ambulatory outpatient surgical centers, abortion
227227 4 clinics, and birthing centers.
228228 5 (2) Rules establishing standards for equipment, facilities, and
229229 6 staffing required for efficient and quality care of patients.
230230 7 SECTION 6. IC 16-21-2-1, AS AMENDED BY P.L.147-2023,
231231 8 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
232232 9 UPON PASSAGE]: Sec. 1. (a) Except as provided in subsection (b),
233233 10 this chapter applies to all hospitals, rural emergency hospitals,
234234 11 ambulatory outpatient surgical centers, abortion clinics, and birthing
235235 12 centers.
236236 13 (b) This chapter does not apply to a hospital operated by the federal
237237 14 government.
238238 15 (c) This chapter does not affect a statute pertaining to the placement
239239 16 and adoption of children.
240240 17 SECTION 7. IC 16-21-2-2, AS AMENDED BY P.L.147-2023,
241241 18 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
242242 19 UPON PASSAGE]: Sec. 2. The state department shall license and
243243 20 regulate:
244244 21 (1) hospitals;
245245 22 (2) ambulatory outpatient surgical centers;
246246 23 (3) birthing centers; and
247247 24 (4) rural emergency hospitals; and
248248 25 (5) abortion clinics.
249249 26 SECTION 8. IC 16-21-2-2.5, AS AMENDED BY P.L.179-2022(ss),
250250 27 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
251251 28 UPON PASSAGE]: Sec. 2.5. (a) The state department shall adopt rules
252252 29 under IC 4-22-2 to do the following concerning birthing centers and
253253 30 other facilities as specified: abortion clinics:
254254 31 (1) Establish minimum license qualifications.
255255 32 (2) Establish the following requirements:
256256 33 (A) Sanitation standards.
257257 34 (B) Staff qualifications.
258258 35 (C) Necessary emergency equipment.
259259 36 (D) Procedures to provide emergency care.
260260 37 (E) Procedures to monitor patients after the administration of
261261 38 anesthesia.
262262 39 (F) Procedures to provide follow-up care for patient
263263 40 complications.
264264 41 (G) Quality assurance standards.
265265 42 (H) Infection control.
266266 2025 IN 275—LS 6211/DI 107 7
267267 1 (I) Provision of informed consent brochures, as described in
268268 2 IC 16-34-2-1.5, to hospitals and ambulatory outpatient surgical
269269 3 centers in English, Spanish, and a third language determined
270270 4 by the state department, inside abortion clinics.
271271 5 (J) Provision of a hotline telephone number that provides
272272 6 assistance for patients who are:
273273 7 (i) coerced into an abortion; or
274274 8 (ii) victims of sex trafficking.
275275 9 (K) Annual training by law enforcement officers on identifying
276276 10 and assisting women who are:
277277 11 (i) coerced into an abortion; or
278278 12 (ii) victims of sex trafficking.
279279 13 (3) Prescribe the operating policies, supervision, and maintenance
280280 14 of medical records, including the requirement that all forms that
281281 15 require a patient signature be stored in the patient's medical
282282 16 record.
283283 17 (4) Establish procedures for the issuance, renewal, denial, and
284284 18 revocation of licenses under this chapter. The rules adopted under
285285 19 this subsection must address the following:
286286 20 (A) The form and content of the license.
287287 21 (B) The collection of an annual license fee.
288288 22 (5) Prescribe the procedures and standards for inspections.
289289 23 (6) Prescribe procedures for:
290290 24 (A) implementing a plan of correction to address any
291291 25 violations of any provision of this chapter or any rules adopted
292292 26 under this chapter; and
293293 27 (B) implementing a system for the state department to follow
294294 28 if the birthing center or abortion clinic fails to comply with
295295 29 the plan of correction described in clause (A) and disciplinary
296296 30 action is needed.
297297 31 (b) A person who knowingly or intentionally:
298298 32 (1) operates a birthing center or abortion clinic that is not
299299 33 licensed under this chapter; or
300300 34 (2) advertises the operation of a birthing center or abortion clinic
301301 35 that is not licensed under this chapter;
302302 36 commits a Class A misdemeanor.
303303 37 SECTION 9. IC 16-21-2-2.7 IS ADDED TO THE INDIANA CODE
304304 38 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
305305 39 UPON PASSAGE]: Sec. 2.7. The state department shall inspect an
306306 40 abortion clinic at least one (1) time per calendar year and may
307307 41 conduct a complaint inspection as needed.
308308 42 SECTION 10. IC 16-21-2-10, AS AMENDED BY
309309 2025 IN 275—LS 6211/DI 107 8
310310 1 P.L.179-2022(ss), SECTION 12, IS AMENDED TO READ AS
311311 2 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. A:
312312 3 (1) person;
313313 4 (2) state, county, or local governmental unit; or
314314 5 (3) division, a department, a board, or an agency of a state,
315315 6 county, or local governmental unit;
316316 7 must obtain a license from the state health commissioner under
317317 8 IC 4-21.5-3-5 before establishing, conducting, operating, or
318318 9 maintaining a hospital, an ambulatory outpatient surgical center, an
319319 10 abortion clinic, or a birthing center.
320320 11 SECTION 11. IC 16-21-2-11, AS AMENDED BY P.L.56-2023,
321321 12 SECTION 148, IS AMENDED TO READ AS FOLLOWS
322322 13 [EFFECTIVE UPON PASSAGE]: Sec. 11. (a) An applicant must
323323 14 submit an application for a license on a form prepared by the state
324324 15 department showing that:
325325 16 (1) the applicant is of reputable and responsible character;
326326 17 (2) the applicant is able to comply with the minimum standards
327327 18 for a hospital, an ambulatory outpatient surgical center, an
328328 19 abortion clinic, or a birthing center, and with rules adopted under
329329 20 this chapter; and
330330 21 (3) the applicant has complied with section 15.4 of this chapter.
331331 22 (b) The application must contain the following additional
332332 23 information:
333333 24 (1) The name of the applicant.
334334 25 (2) The type of institution to be operated.
335335 26 (3) The location of the institution.
336336 27 (4) The name of the person to be in charge of the institution.
337337 28 (5) If the applicant is a hospital, the range and types of services to
338338 29 be provided under the general hospital license, including any
339339 30 service that would otherwise require licensure by the state
340340 31 department under the authority of IC 16-19.
341341 32 (6) Other information the state department requires.
342342 33 (c) If the department of state revenue notifies the state department
343343 34 that a person is on the most recent tax warrant list, the state department
344344 35 shall not issue or renew the person's license until:
345345 36 (1) the person provides to the state department a statement from
346346 37 the department of state revenue that the person's tax warrant has
347347 38 been satisfied; or
348348 39 (2) the state department receives a notice from the commissioner
349349 40 of the department of state revenue under IC 6-8.1-8-2(k).
350350 41 (d) An application for an abortion clinic license must require the
351351 42 applicant to do the following:
352352 2025 IN 275—LS 6211/DI 107 9
353353 1 (1) Disclose whether the applicant, or an owner or affiliate of
354354 2 the applicant, operated an abortion clinic that was closed as
355355 3 a direct result of patient health and safety concerns.
356356 4 (2) Disclose whether a principal or clinic staff member was
357357 5 convicted of a felony.
358358 6 (3) Disclose whether a principal or clinic staff member was
359359 7 ever employed by a facility owned or operated by the
360360 8 applicant that closed as a result of administrative or legal
361361 9 action.
362362 10 (4) Provide copies of:
363363 11 (A) administrative and legal documentation relating to the
364364 12 information required under subdivisions (1) and (2);
365365 13 (B) inspection reports; and
366366 14 (C) violation remediation contracts;
367367 15 if any.
368368 16 SECTION 12. IC 16-21-2-14, AS AMENDED BY P.L.147-2023,
369369 17 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
370370 18 UPON PASSAGE]: Sec. 14. A license to operate a hospital, an
371371 19 ambulatory outpatient surgical center, a rural emergency hospital, an
372372 20 abortion clinic, or a birthing center:
373373 21 (1) expires:
374374 22 (A) one (1) year after the date of issuance for:
375375 23 (i) an ambulatory outpatient surgical center; and
376376 24 (ii) a birthing center; and
377377 25 (iii) an abortion clinic;
378378 26 (B) beginning May 1, 2020, two (2) years after the date of
379379 27 issuance for a hospital; and
380380 28 (C) beginning January 1, 2023, two (2) years after the date of
381381 29 issuance for a rural emergency hospital;
382382 30 (2) is not assignable or transferable;
383383 31 (3) is issued only for the premises named in the application;
384384 32 (4) must be posted in a conspicuous place in the facility; and
385385 33 (5) may be renewed each year, or every two (2) years for a
386386 34 hospital or rural emergency hospital, upon the payment of a
387387 35 renewal fee at the rate adopted by the state department under
388388 36 IC 4-22-2.
389389 37 SECTION 13. IC 16-21-2-16, AS AMENDED BY
390390 38 P.L.179-2022(ss), SECTION 15, IS AMENDED TO READ AS
391391 39 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 16. A hospital, an
392392 40 ambulatory outpatient surgical center, an abortion clinic, or a birthing
393393 41 center that provides to a patient notice concerning a third party billing
394394 42 for a service provided to the patient shall ensure that the notice:
395395 2025 IN 275—LS 6211/DI 107 10
396396 1 (1) conspicuously states that the notice is not a bill;
397397 2 (2) does not include a tear-off portion; and
398398 3 (3) is not accompanied by a return mailing envelope.
399399 4 SECTION 14. IC 16-31-6.5-2, AS AMENDED BY
400400 5 P.L.179-2022(ss), SECTION 16, IS AMENDED TO READ AS
401401 6 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. This chapter
402402 7 does not apply to the following:
403403 8 (1) A licensed physician.
404404 9 (2) A hospital, an ambulatory outpatient surgical center, an
405405 10 abortion clinic, or a birthing center.
406406 11 (3) A person providing health care in a hospital, an ambulatory
407407 12 outpatient surgical center, an abortion clinic, or a birthing center
408408 13 licensed under IC 16-21.
409409 14 (4) A person or entity certified under IC 16-31-3.
410410 15 SECTION 15. IC 16-34-1-8, AS AMENDED BY P.L.179-2022(ss),
411411 16 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
412412 17 UPON PASSAGE]: Sec. 8. A qualified health plan (as defined in
413413 18 IC 27-8-33-3) offered under Subtitle D of Title 1 of the federal Patient
414414 19 Protection and Affordable Care Act (P.L. 111-148) may not provide
415415 20 coverage for abortion, unless the abortion is permitted under
416416 21 IC 16-34-2-1. except in the following cases:
417417 22 (1) The pregnant woman became pregnant through an act of
418418 23 rape or incest.
419419 24 (2) An abortion is necessary to avert the pregnant woman's
420420 25 death or a substantial and irreversible injury of a major
421421 26 bodily function of the pregnant woman.
422422 27 SECTION 16. IC 16-34-1-10, AS AMENDED BY
423423 28 P.L.179-2022(ss), SECTION 20, IS AMENDED TO READ AS
424424 29 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. If the state or
425425 30 an agency of the state has wardship or guardianship of an
426426 31 unemancipated pregnant minor, the state or agency of the state may not
427427 32 consent to an abortion unless the abortion is permitted under
428428 33 IC 16-34-2-1. necessary to avert the unemancipated pregnant
429429 34 minor's death or a substantial and irreversible injury of a major
430430 35 bodily function of the unemancipated pregnant minor, as
431431 36 determined by the physician who certifies the determination in
432432 37 writing.
433433 38 SECTION 17. IC 16-34-2-1, AS AMENDED BY P.L.179-2022(ss),
434434 39 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
435435 40 UPON PASSAGE]: Sec. 1. (a) Abortion shall in all instances be a
436436 41 criminal act, except when performed under the following
437437 42 circumstances:
438438 2025 IN 275—LS 6211/DI 107 11
439439 1 (1) Except as prohibited in IC 16-34-4, before the earlier of
440440 2 viability of the fetus or twenty (20) weeks of postfertilization age
441441 3 of the fetus, if: during the first trimester of pregnancy for
442442 4 reasons based upon the professional, medical judgment of the
443443 5 pregnant woman's physician if:
444444 6 (A) for reasons based upon the professional, medical judgment
445445 7 of the pregnant woman's physician, if either:
446446 8 (i) the abortion is necessary when reasonable medical
447447 9 judgment dictates that performing the abortion is necessary
448448 10 to prevent any serious health risk to the pregnant woman or
449449 11 to save the pregnant woman's life; or
450450 12 (ii) the fetus is diagnosed with a lethal fetal anomaly;
451451 13 (B) (A) the abortion is performed by the physician; in a
452452 14 hospital licensed under IC 16-21 or an ambulatory outpatient
453453 15 surgical center (as defined in IC 16-18-2-14) that has a
454454 16 majority ownership by a hospital licensed under IC 16-21;
455455 17 (C) (B) the woman submitting to the abortion has filed her
456456 18 consent with her physician. However, if in the judgment of the
457457 19 physician the abortion is necessary to preserve the life of the
458458 20 woman, her consent is not required; and
459459 21 (D) (C) the woman submitting to the abortion has filed with
460460 22 her physician the written consent of her parent or legal
461461 23 guardian if required under section 4 of this chapter. and
462462 24 (E) before the abortion, the attending physician shall certify in
463463 25 writing to the hospital or ambulatory outpatient surgical center
464464 26 in which the abortion is to be performed, that:
465465 27 (i) in the attending physician's reasonable medical judgment,
466466 28 performing the abortion is necessary to prevent any serious
467467 29 health risk to the pregnant woman or to save the pregnant
468468 30 woman's life; or
469469 31 (ii) the fetus has been diagnosed with a lethal fetal anomaly.
470470 32 All facts and reasons supporting the certification shall be set
471471 33 forth by the physician in writing and attached to the certificate.
472472 34 However, under this article, an abortion inducing drug may not be
473473 35 dispensed, prescribed, administered, or otherwise given to a
474474 36 pregnant woman after eight (8) weeks of postfertilization age. A
475475 37 physician must dispense the an abortion inducing drug in person
476476 38 and have the pregnant woman consume the drug in the presence
477477 39 of the physician. A physician shall examine a pregnant woman in
478478 40 person before prescribing or dispensing an abortion inducing
479479 41 drug. The physician shall provide the pregnant woman with a
480480 42 copy of the manufacturer's instruction sheets and require that the
481481 2025 IN 275—LS 6211/DI 107 12
482482 1 pregnant woman sign the manufacturer's patient agreement form.
483483 2 A physician shall also provide, orally and in writing, along with
484484 3 other discharge information, the following statement: "Some
485485 4 evidence suggests that the effects of Mifepristone may be
486486 5 avoided, ceased, or reversed if the second pill, Misoprostol, has
487487 6 not been taken. Immediately contact the following for more
488488 7 information at (insert applicable abortion inducing drug reversal
489489 8 Internet web site website and corresponding hotline number).".
490490 9 The physician shall retain a copy of the signed patient agreement
491491 10 form, and the signed physician's agreement form required by the
492492 11 manufacturer, in the patient's file. As used in this subdivision, "in
493493 12 person" does not include the use of telehealth or telemedicine
494494 13 services.
495495 14 (2) Except as prohibited by IC 16-34-4, during the first ten (10)
496496 15 after the first trimester of pregnancy and before the earlier of
497497 16 viability of the fetus or twenty (20) weeks of postfertilization
498498 17 age of the fetus, for reasons based upon the professional,
499499 18 medical judgment of the pregnant woman's physician if:
500500 19 (A) the pregnancy is a result of rape or incest;
501501 20 (B) (A) all the circumstances and provisions required for legal
502502 21 abortion set forth in subdivision (1)(C) through (1)(D) (1)
503503 22 during the first trimester are present and adhered to; and
504504 23 (C) (B) the abortion is performed in a hospital or an abortion
505505 24 clinic licensed under IC 16-21. or ambulatory outpatient
506506 25 surgical center (as defined in IC 16-18-2-14) that has a
507507 26 majority ownership by a hospital licensed under IC 16-21; and
508508 27 (D) before the abortion, the attending physician shall certify in
509509 28 writing to the ambulatory outpatient surgical center or hospital
510510 29 in which the abortion is to be performed, after proper
511511 30 examination, the abortion is being performed at the woman's
512512 31 request because the pregnancy is the result of rape or incest.
513513 32 All facts and reasons supporting the certification shall be set
514514 forth by the physician in writing and attached to the certificate.33
515515 34 (3) Except as provided in subsection (b) or as prohibited by
516516 35 IC 16-34-4, at the earlier of viability of the fetus or twenty (20)
517517 36 weeks of postfertilization age and any time after, for reasons
518518 37 based upon the professional, medical judgment of the pregnant
519519 38 woman's physician if:
520520 39 (A) based on reasonable medical judgment, performing the
521521 40 abortion is necessary to prevent any serious health risk to the
522522 41 pregnant woman or to save the pregnant woman's life;
523523 42 (B) (A) all the circumstances and provisions required for legal
524524 2025 IN 275—LS 6211/DI 107 13
525525 1 abortion set forth in subdivision (1)(C) through (1)(D) before
526526 2 the earlier of viability of the fetus or twenty (20) weeks of
527527 3 postfertilization age are present and adhered to;
528528 4 (C) (B) the abortion is performed in a hospital licensed under
529529 5 IC 16-21;
530530 6 (D) the abortion is performed in compliance with section 3 of
531531 7 this chapter; and
532532 8 (E) (C) before the abortion, the attending physician shall
533533 9 certify in writing to the hospital in which the abortion is to be
534534 10 performed, that in the attending physician's reasonable
535535 11 professional, medical judgment, performing after proper
536536 12 examination and review of the woman's history, the
537537 13 abortion is necessary to prevent any serious health risk to the
538538 14 pregnant woman or to save the pregnant woman's life. a
539539 15 substantial permanent impairment of the life or physical
540540 16 health of the pregnant woman. All facts and reasons
541541 17 supporting the certification shall be set forth by the physician
542542 18 in writing and attached to the certificate.
543543 19 (b) A person may not knowingly or intentionally perform a partial
544544 20 birth abortion unless a physician reasonably believes that:
545545 21 (1) performing the partial birth abortion is necessary to save the
546546 22 mother's life; and
547547 23 (2) no other medical procedure is sufficient to save the mother's
548548 24 life.
549549 25 (c) A person may not knowingly or intentionally perform a
550550 26 dismemberment abortion unless reasonable medical judgment dictates
551551 27 that performing the dismemberment abortion is necessary:
552552 28 (1) to prevent any serious health risk to the mother; or
553553 29 (2) to save the mother's life.
554554 30 (d) Telehealth and telemedicine may not be used to provide any
555555 31 abortion, including the writing or filling of a prescription for any
556556 32 purpose that is intended to result in an abortion.
557557 33 SECTION 18. IC 16-34-2-1.1, AS AMENDED BY P.L.56-2023,
558558 34 SECTION 153, IS AMENDED TO READ AS FOLLOWS
559559 35 [EFFECTIVE UPON PASSAGE]: Sec. 1.1. (a) An abortion shall not
560560 36 be performed except with the voluntary and informed consent of the
561561 37 pregnant woman upon whom the abortion is to be performed. Except
562562 38 in the case of a medical emergency, consent to an abortion is voluntary
563563 39 and informed only if the following conditions are met:
564564 40 (1) At least eighteen (18) hours before the abortion and in the
565565 41 private, not group, presence of the pregnant woman, the physician
566566 42 who is to perform the abortion, the referring physician or a
567567 2025 IN 275—LS 6211/DI 107 14
568568 1 physician assistant (as defined in IC 25-27.5-2-10), an advanced
569569 2 practice registered nurse (as defined in IC 25-23-1-1(b)), or a
570570 3 certified nurse midwife (as defined in IC 34-18-2-6.5) to whom
571571 4 the responsibility has been delegated by the physician who is to
572572 5 perform the abortion or the referring physician has informed the
573573 6 pregnant woman orally and in writing of the following:
574574 7 (A) The name of the physician performing the abortion, the
575575 8 physician's medical license number, and an emergency
576576 9 telephone number where the physician or the physician's
577577 10 designee may be contacted on a twenty-four (24) hour a day,
578578 11 seven (7) day a week basis.
579579 12 (B) That follow-up care by the physician or the physician's
580580 13 designee (if the designee is licensed under IC 25-22.5) is
581581 14 available on an appropriate and timely basis when clinically
582582 15 necessary.
583583 16 (C) The nature of the proposed procedure or information
584584 17 concerning the abortion inducing drug that includes the
585585 18 following statement: "Some evidence suggests that effects of
586586 19 Mifespristone Mifepristone may be avoided, ceased, or
587587 20 reversed if the second pill, Misoprostol, has not been taken.
588588 21 Immediately contact the following for more information at
589589 22 (insert applicable abortion inducing drug reversal website and
590590 23 corresponding hotline number).".
591591 24 (D) Objective scientific information of the risks of and
592592 25 alternatives to the procedure or the use of an abortion inducing
593593 26 drug, including:
594594 27 (i) the risk of infection and hemorrhage;
595595 28 (ii) the potential danger to a subsequent pregnancy; and
596596 29 (iii) the potential danger of infertility.
597597 30 (E) That human physical life begins when a human ovum is
598598 31 fertilized by a human sperm.
599599 32 (F) The probable gestational age of the fetus at the time the
600600 33 abortion is to be performed, including:
601601 34 (i) a picture of a fetus;
602602 35 (ii) the dimensions of a fetus; and
603603 36 (iii) relevant information on the potential survival of an
604604 37 unborn fetus;
605605 38 at this stage of development.
606606 39 (G) That objective scientific information shows that a fetus
607607 40 can feel pain at or before twenty (20) weeks of postfertilization
608608 41 age.
609609 42 (H) The medical risks associated with carrying the fetus to
610610 2025 IN 275—LS 6211/DI 107 15
611611 1 term.
612612 2 (I) The availability of fetal ultrasound imaging and
613613 3 auscultation of fetal heart tone services to enable the pregnant
614614 4 woman to view the image and hear the heartbeat of the fetus
615615 5 and how to obtain access to these services.
616616 6 (J) That the pregnancy of a child less than fifteen (15) years of
617617 7 age may constitute child abuse under Indiana law if the act
618618 8 included an adult and must be reported to the department of
619619 9 child services or the local law enforcement agency under
620620 10 IC 31-33-5.
621621 11 (K) That Indiana does not allow a fetus to be aborted solely
622622 12 because of the fetus's race, color, national origin, ancestry, sex,
623623 13 or diagnosis or potential diagnosis of the fetus having Down
624624 14 syndrome or any other disability.
625625 15 (L) That no one has the right to coerce the pregnant woman to
626626 16 have an abortion.
627627 17 (2) At least eighteen (18) hours before the abortion, the pregnant
628628 18 woman will be informed orally and in writing of the following:
629629 19 (A) That medical assistance benefits may be available for
630630 20 prenatal care, childbirth, and neonatal care from the county
631631 21 office of the division of family resources.
632632 22 (B) That the father of the unborn fetus is legally required to
633633 23 assist in the support of the child. In the case of rape, the
634634 24 information required under this clause may be omitted.
635635 25 (C) That adoption alternatives are available and that adoptive
636636 26 parents may legally pay the costs of prenatal care, childbirth,
637637 27 and neonatal care.
638638 28 (D) That there are physical risks to the pregnant woman in
639639 29 having an abortion, both during the abortion procedure and
640640 30 after.
641641 31 (E) That Indiana has enacted the safe haven law under
642642 32 IC 31-34-2.5.
643643 33 (F) The:
644644 34 (i) website address of the state department's website; and
645645 35 (ii) description of the information that will be provided on
646646 36 the website and that is;
647647 37 described in section 1.5 of this chapter.
648648 38 (G) For the facility in which the abortion is to be performed,
649649 39 an emergency telephone number that is available and
650650 40 answered on a twenty-four (24) hour a day, seven (7) day a
651651 41 week basis.
652652 42 (H) On a form developed by the state department and as
653653 2025 IN 275—LS 6211/DI 107 16
654654 1 described in IC 16-34-3, that the pregnant woman has a right
655655 2 to determine the final disposition of the remains of the aborted
656656 3 fetus.
657657 4 (I) On a form developed by the state department, that the
658658 5 pregnant woman has a right, after a surgical abortion, to:
659659 6 (i) dispose of the remains of the aborted fetus by interment
660660 7 in compliance with IC 23-14-54, or cremation through a
661661 8 licensee (as defined in IC 25-15-2-19) and in compliance
662662 9 with IC 23-14-31; or
663663 10 (ii) have the health care facility or abortion clinic dispose
664664 11 of the remains of the aborted fetus by interment in
665665 12 compliance with IC 23-14-54, or cremation through a
666666 13 licensee (as defined in IC 25-15-2-19) and in compliance
667667 14 with IC 23-14-31, and ask which method of disposition will
668668 15 be used by the health care facility or abortion clinic.
669669 16 (J) On a form developed by the state department:
670670 17 (i) that a pregnant woman, after an abortion induced by an
671671 18 abortion inducing drug, will expel an aborted fetus; and
672672 19 (ii) the disposition policy of the health care facility or
673673 20 abortion clinic concerning the disposition of the aborted
674674 21 fetus. The disposition policy must allow the pregnant
675675 22 woman to return the aborted fetus to the health care facility
676676 23 or abortion clinic for disposition by interment in
677677 24 compliance with IC 23-14-54, or cremation through a
678678 25 licensee (as defined in IC 25-15-2-19) and in compliance
679679 26 with IC 23-14-31.
680680 27 (K) On a form developed by the state department, information
681681 28 concerning any counseling that is available to a pregnant
682682 29 woman after having an abortion.
683683 30 The state department shall develop and distribute the forms
684684 31 required by clauses (H) through (K).
685685 32 (3) The pregnant woman certifies in writing, on a form developed
686686 33 by the state department, before the abortion is performed, that:
687687 34 (A) the information required by subdivisions (1) and (2) has
688688 35 been provided to the pregnant woman;
689689 36 (B) the pregnant woman has been offered by the provider the
690690 37 opportunity to view the fetal ultrasound imaging and hear the
691691 38 auscultation of the fetal heart tone if the fetal heart tone is
692692 39 audible and that the woman has:
693693 40 (i) viewed or refused to view the offered fetal ultrasound
694694 41 imaging; and
695695 42 (ii) listened to or refused to listen to the offered auscultation
696696 2025 IN 275—LS 6211/DI 107 17
697697 1 of the fetal heart tone if the fetal heart tone is audible; and
698698 2 (C) the pregnant woman has been given a written copy of the
699699 3 printed materials described in section 1.5 of this chapter.
700700 4 (4) At least eighteen (18) hours before the abortion and in the
701701 5 presence of the pregnant woman, the physician who is to perform
702702 6 the abortion, the referring physician or a physician assistant (as
703703 7 defined in IC 25-27.5-2-10), an advanced practice registered
704704 8 nurse (as defined in IC 25-23-1-1(b)), or a certified nurse midwife
705705 9 (as defined in IC 34-18-2-6.5) to whom the responsibility has
706706 10 been delegated by the physician who is to perform the abortion or
707707 11 the referring physician has provided the pregnant woman with a
708708 12 color copy of the informed consent brochure described in section
709709 13 1.5 of this chapter by printing the informed consent brochure from
710710 14 the state department's website and including the following
711711 15 information on the back cover of the brochure:
712712 16 (A) The name of the physician performing the abortion and the
713713 17 physician's medical license number.
714714 18 (B) An emergency telephone number where the physician or
715715 19 the physician's designee may be contacted twenty-four (24)
716716 20 hours a day, seven (7) days a week.
717717 21 (C) A statement that follow-up care by the physician or the
718718 22 physician's designee who is licensed under IC 25-22.5 is
719719 23 available on an appropriate and timely basis when clinically
720720 24 necessary.
721721 25 (5) At least eighteen (18) hours before an abortion is performed
722722 26 and at the same time that the pregnant woman receives the
723723 27 information required by subdivision (1), the provider shall
724724 28 perform, and the pregnant woman shall view, the fetal ultrasound
725725 29 imaging and hear the auscultation of the fetal heart tone if the
726726 30 fetal heart tone is audible unless the pregnant woman certifies in
727727 31 writing, on a form developed by the state department, before the
728728 32 abortion is performed, that the pregnant woman:
729729 33 (A) does not want to view the fetal ultrasound imaging; and
730730 34 (B) does not want to listen to the auscultation of the fetal heart
731731 35 tone if the fetal heart tone is audible.
732732 36 A pregnant woman must be advised, prior to the pregnant
733733 37 woman's decision concerning fetal ultrasound imaging, that an
734734 38 ultrasound image of the fetus will be provided to the pregnant
735735 39 woman to keep at no charge to the pregnant woman if the fetal
736736 40 ultrasound is performed.
737737 41 (6) At least eighteen (18) hours before the abortion, the physician
738738 42 who is to perform the abortion, the referring physician or a
739739 2025 IN 275—LS 6211/DI 107 18
740740 1 physician assistant (as defined in IC 25-27.5-2-10), an advanced
741741 2 practice registered nurse (as defined in IC 25-23-1-1(b)), or a
742742 3 certified nurse midwife (as defined in IC 34-18-2-6.5) to whom
743743 4 the responsibility has been delegated by the physician who is to
744744 5 perform the abortion or the referring physician shall, in the
745745 6 private, not group, presence of the pregnant woman, verbally ask
746746 7 the pregnant woman if she is being coerced to have an abortion.
747747 8 (b) This subsection applies to a pregnant woman whose unborn
748748 9 child has been diagnosed with a lethal fetal anomaly. The requirements
749749 10 of this subsection are in addition to the other requirements of this
750750 11 section. At least eighteen (18) hours before an abortion is performed on
751751 12 the pregnant woman, the physician who will perform the abortion shall:
752752 13 (1) orally and in person, inform the pregnant woman of the
753753 14 availability of perinatal hospice services; and
754754 15 (2) provide the pregnant woman copies of the perinatal hospice
755755 16 brochure developed by the state department under IC 16-25-4.5-4
756756 17 and the list of perinatal hospice providers and programs
757757 18 developed under IC 16-25-4.5-5, by printing the perinatal hospice
758758 19 brochure and list of perinatal hospice providers from the state
759759 20 department's website.
760760 21 (c) If a pregnant woman described in subsection (b) chooses to have
761761 22 an abortion rather than continuing the pregnancy in perinatal hospice
762762 23 care, the pregnant woman shall certify in writing, on a form developed
763763 24 by the state department under IC 16-25-4.5-6, at least eighteen (18)
764764 25 hours before the abortion is performed, that the pregnant woman has
765765 26 been provided the information described in subsection (b) in the
766766 27 manner required by subsection (b).
767767 28 (d) For any abortion performed under this article, the physician who
768768 29 is to perform the abortion, the referring physician or a physician
769769 30 assistant (as defined in IC 25-27.5-2-10), an advanced practice
770770 31 registered nurse (as defined in IC 25-23-1-1(b)), or a certified nurse
771771 32 midwife (as defined in IC 34-18-2-6.5) to whom the responsibility has
772772 33 been delegated by the physician who is to perform the abortion or the
773773 34 referring physician shall include, or ensure the inclusion of, a copy of
774774 35 a pregnant woman's ultrasound report in the pregnant woman's patient
775775 36 file.
776776 37 (e) If the physician who is to perform the abortion, the referring
777777 38 physician, a physician assistant (as defined in IC 25-27.5-2-10), an
778778 39 advanced practice registered nurse (as defined in IC 25-23-1-1(b)), or
779779 40 a certified nurse midwife (as defined in IC 34-18-2-6.5) suspects a
780780 41 pregnant woman is being coerced to have an abortion after making the
781781 42 inquiry required under subsection (a)(6), the physician, physician
782782 2025 IN 275—LS 6211/DI 107 19
783783 1 assistant, advanced practice registered nurse, or certified nurse midwife
784784 2 shall:
785785 3 (1) inform the pregnant woman that coercing a pregnant woman
786786 4 to have an abortion is illegal;
787787 5 (2) inform the pregnant woman that a demand by the father to
788788 6 have an abortion does not relieve him of financial support
789789 7 responsibilities; and
790790 8 (3) provide the pregnant woman with:
791791 9 (A) information about:
792792 10 (i) assistance;
793793 11 (ii) counseling; and
794794 12 (iii) protective services offered by social programs and local
795795 13 or state law enforcement agencies;
796796 14 (B) access to a telephone if she needs to make a private
797797 15 telephone call; and
798798 16 (C) access to an alternate exit from the health care facility.
799799 17 (f) Except as provided in subsection (g), if a physician, physician
800800 18 assistant (as defined in IC 25-27.5-2-10), advanced practice registered
801801 19 nurse (as defined in IC 25-23-1-1(b)), or certified nurse midwife (as
802802 20 defined in IC 34-18-2-6.5) has specific and credible information that
803803 21 a pregnant woman is being coerced into having an abortion, then an
804804 22 abortion may not be provided to the pregnant woman during the
805805 23 twenty-four (24) hour period after the physician, physician assistant (as
806806 24 defined in IC 25-27.5-2-10), advanced practice registered nurse (as
807807 25 defined in IC 25-23-1-1(b)), or certified nurse midwife (as defined in
808808 26 IC 34-18-2-6.5) makes a report under IC 16-34-6-6(b).
809809 27 (g) The twenty-four (24) hour period described in subsection (f) may
810810 28 be waived if a physician, in the physician's best medical judgment,
811811 29 determines that an abortion is necessary to prevent the death of the
812812 30 pregnant woman or to prevent substantial and irreversible injury to a
813813 31 major bodily function of the pregnant woman.
814814 32 SECTION 19. IC 16-34-2-3, AS AMENDED BY P.L.179-2022(ss),
815815 33 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
816816 34 UPON PASSAGE]: Sec. 3. (a) All abortions performed on and after the
817817 35 earlier of the time a fetus is viable or the time the postfertilization age
818818 36 of the fetus is at least twenty (20) weeks shall be:
819819 37 (1) governed by section 1 1(a)(3) and 1(b) of this chapter;
820820 38 (2) performed in a hospital having premature birth intensive care
821821 39 units, unless compliance with this requirement would result in an
822822 40 increased risk to the life or health of the mother; and
823823 41 (3) performed in the presence of a second physician as provided
824824 42 in subsection (b).
825825 2025 IN 275—LS 6211/DI 107 20
826826 1 (b) An abortion may be performed after the earlier of the time a
827827 2 fetus is viable or the time the postfertilization age of the fetus is at least
828828 3 twenty (20) weeks only if there is in attendance a physician, other than
829829 4 the physician performing the abortion, who shall take control of and
830830 5 provide immediate care for a child born alive as a result of the abortion.
831831 6 During the performance of the abortion, the physician performing the
832832 7 abortion, and after the abortion, the physician required by this
833833 8 subsection to be in attendance, shall take all reasonable steps in
834834 9 keeping with good medical practice, consistent with the procedure
835835 10 used, to preserve the life and health of the viable unborn child.
836836 11 However, this subsection does not apply if compliance would result in
837837 12 an increased risk to the life or health of the mother.
838838 13 (c) Any fetus born alive shall be treated as a person under the law,
839839 14 and a birth certificate shall be issued certifying the child's birth even
840840 15 though the child may subsequently die, in which event a death
841841 16 certificate shall be issued. Failure to take all reasonable steps, in
842842 17 keeping with good medical practice, to preserve the life and health of
843843 18 the live born person shall subject the responsible persons to Indiana
844844 19 laws governing homicide, manslaughter, and civil liability for wrongful
845845 20 death and medical malpractice.
846846 21 (d) If, before the abortion, the mother, and if married, her husband,
847847 22 has or have stated in writing that she does or they do not wish to keep
848848 23 the child in the event that the abortion results in a live birth, and this
849849 24 writing is not retracted before the abortion, the child, if born alive, shall
850850 25 immediately upon birth become a ward of the department of child
851851 26 services.
852852 27 SECTION 20. IC 16-34-2-4.5, AS AMENDED BY
853853 28 P.L.179-2022(ss), SECTION 25, IS AMENDED TO READ AS
854854 29 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4.5. (a) A physician
855855 30 may not perform an abortion including an abortion using an abortion
856856 31 inducing drug, unless the physician:
857857 32 (1) has admitting privileges in writing at a hospital located in the
858858 33 county where abortions are provided or in a contiguous county; or
859859 34 (2) has entered into a written agreement with a physician who has
860860 35 written admitting privileges at a hospital in the county or
861861 36 contiguous county concerning the management of possible
862862 37 complications of the services provided.
863863 38 A written agreement described in subdivision (2) must be renewed
864864 39 annually.
865865 40 (b) A physician who performs an abortion including an abortion
866866 41 using an abortion inducing drug, shall notify the patient of the location
867867 42 of the hospital at which the physician or a physician with whom the
868868 2025 IN 275—LS 6211/DI 107 21
869869 1 physician has entered into an agreement under subsection (a)(2) has
870870 2 admitting privileges and where the patient may receive follow-up care
871871 3 by the physician if complications arise.
872872 4 (c) A hospital or ambulatory outpatient surgical center in which
873873 5 abortions are performed An abortion clinic shall:
874874 6 (1) keep at the hospital or ambulatory outpatient surgical center
875875 7 abortion clinic a copy of the admitting privileges of a physician
876876 8 described in subsection (a)(1) and (a)(2); who is performing
877877 9 abortions at the hospital or ambulatory outpatient surgical center;
878878 10 and
879879 11 (2) submit a copy of the admitting privileges described in
880880 12 subdivision (1) to the state department as part of the abortion
881881 13 clinic's licensure. The state department shall verify the validity
882882 14 of the admitting privileges document. The state department shall
883883 15 remove any identifying information from the admitting privileges
884884 16 document before releasing the document under IC 5-14-3.
885885 17 (d) The state department shall annually submit a copy of the
886886 18 admitting privileges described in subsection (a)(1) and a copy of the
887887 19 written agreement described in subsection (a)(2) to:
888888 20 (1) each hospital located in the county in which the hospital
889889 21 granting the admitting privileges described in subsection (a) is
890890 22 located; and
891891 23 (2) each hospital located in a county that is contiguous to the
892892 24 county described in subdivision (1);
893893 25 where abortions are performed.
894894 26 (e) The state department shall confirm to a member of the public,
895895 27 upon request, that the admitting privileges required to be submitted
896896 28 under this section for a hospital or ambulatory outpatient surgical
897897 29 center an abortion clinic have been received by the state department.
898898 30 (f) Notwithstanding IC 5-14-3-6 and IC 5-14-3-6.5, this section only
899899 31 allows for the redaction of information that is described in subsection
900900 32 (c). This section does not allow the state department to limit the
901901 33 disclosure of information in other public documents.
902902 34 SECTION 21. IC 16-34-2-4.7, AS AMENDED BY
903903 35 P.L.179-2022(ss), SECTION 26, IS AMENDED TO READ AS
904904 36 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4.7. (a) As used in
905905 37 this section, "abortion complication" means only the following physical
906906 38 or psychological conditions arising from the induction or performance
907907 39 of an abortion:
908908 40 (1) Uterine perforation.
909909 41 (2) Cervical laceration.
910910 42 (3) Infection.
911911 2025 IN 275—LS 6211/DI 107 22
912912 1 (4) Vaginal bleeding that qualifies as a Grade 2 or higher adverse
913913 2 event according to the Common Terminology Criteria for Adverse
914914 3 Events (CTCAE).
915915 4 (5) Pulmonary embolism.
916916 5 (6) Deep vein thrombosis.
917917 6 (7) Failure to terminate the pregnancy.
918918 7 (8) Incomplete abortion (retained tissue).
919919 8 (9) Pelvic inflammatory disease.
920920 9 (10) Missed ectopic pregnancy.
921921 10 (11) Cardiac arrest.
922922 11 (12) Respiratory arrest.
923923 12 (13) Renal failure.
924924 13 (14) Shock.
925925 14 (15) Amniotic fluid embolism.
926926 15 (16) Coma.
927927 16 (17) Placenta previa in subsequent pregnancies.
928928 17 (18) Pre-term delivery in subsequent pregnancies.
929929 18 (19) Free fluid in the abdomen.
930930 19 (20) Hemolytic reaction due to the administration of
931931 20 ABO-incompatible blood or blood products.
932932 21 (21) Hypoglycemia occurring while the patient is being treated at
933933 22 the hospital or ambulatory outpatient surgical center. an abortion
934934 23 clinic.
935935 24 (22) Allergic reaction to anesthesia or abortion inducing drugs.
936936 25 (23) Psychological complications, including depression, suicidal
937937 26 ideation, anxiety, and sleeping disorders.
938938 27 (24) Death.
939939 28 (25) Any other adverse event as defined by criteria provided in
940940 29 the Food and Drug Administration Safety Information and
941941 30 Adverse Event Reporting Program.
942942 31 (b) The following persons shall report to the state department each
943943 32 case in which the person treated a patient suffering from an abortion
944944 33 complication:
945945 34 (1) A physician licensed under IC 25-22.5.
946946 35 (2) A hospital licensed under IC 16-21.
947947 36 (3) Beginning September 1, 2022, An ambulatory outpatient
948948 37 surgical center licensed under IC 16-21-2. abortion clinic
949949 38 licensed under IC 16-21-2-2.
950950 39 (c) The state department shall develop a process for the submission
951951 40 of a report under this section.
952952 41 (d) A report under this section shall be submitted to the state
953953 42 department in the manner prescribed by the state department.
954954 2025 IN 275—LS 6211/DI 107 23
955955 1 (e) The report under this section must include the following
956956 2 information concerning the abortion complication:
957957 3 (1) The date the patient presented for treatment for the abortion
958958 4 complication.
959959 5 (2) The age of the patient.
960960 6 (3) The race of the patient.
961961 7 (4) The county and state of the patient's residence.
962962 8 (5) The type of abortion obtained by the patient.
963963 9 (6) The date of abortion obtained by the patient.
964964 10 (7) The name of the:
965965 11 (A) abortion clinic;
966966 12 (B) medical facility; or
967967 13 (A) (C) hospital; or
968968 14 (B) ambulatory outpatient surgical center;
969969 15 where the patient obtained the abortion.
970970 16 (8) Whether the patient obtained abortion medication via mail
971971 17 order or Internet web site, website, and if so, information
972972 18 identifying the source of the medication.
973973 19 (9) Whether the complication was previously managed by the
974974 20 abortion provider or the abortion provider's required back-up
975975 21 physician.
976976 22 (10) The name of the medications taken by the patient as part of
977977 23 the pharmaceutical abortion regimen, if any.
978978 24 (11) A list of each diagnosed complication.
979979 25 (12) A list of each treated complication, with a description of the
980980 26 treatment provided.
981981 27 (13) Whether the patient's visit to treat the complications was the
982982 28 original visit or a follow-up visit.
983983 29 (14) The date of each follow-up visit, if any.
984984 30 (15) A list of each complication diagnosed at a follow-up visit, if
985985 31 any.
986986 32 (16) A list of each complication treated at a follow-up visit, if any.
987987 33 (f) On a quarterly basis, Not later than June 30 of each year, the
988988 34 state department shall compile a public report summarizing the
989989 35 information collected under this section. The report must include
990990 36 statistics for the previous calendar quarter, year, with updated
991991 37 information for the most recent calendar quarter. year.
992992 38 (g) The state department shall summarize the aggregate data from
993993 39 the data submitted under this section and submit the data, on or before
994994 40 June 30 of each year, to the United States Centers for Disease Control
995995 41 and Prevention for its inclusion in the annual Vital Statistics Report.
996996 42 (h) The state department shall ensure that no identifying information
997997 2025 IN 275—LS 6211/DI 107 24
998998 1 of a pregnant woman is included in the report described in subsection
999999 2 (f).
10001000 3 (i) This subsection applies after August 31, 2020. Each failure to
10011001 4 report an abortion complication as required under this section is a Class
10021002 5 B misdemeanor.
10031003 6 (j) The state department shall adopt rules under IC 4-22-2 to
10041004 7 implement this section.
10051005 8 SECTION 22. IC 16-34-2-5, AS AMENDED BY P.L.56-2023,
10061006 9 SECTION 154, IS AMENDED TO READ AS FOLLOWS
10071007 10 [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) Every health care
10081008 11 provider who performs a surgical abortion or provides, prescribes,
10091009 12 administers, or dispenses an abortion inducing drug for the purposes of
10101010 13 inducing an abortion shall report the performance of the abortion or the
10111011 14 provision, prescribing, administration, or dispensing of an abortion
10121012 15 inducing drug on a form drafted by the state department, the purpose
10131013 16 and function of which shall be the improvement of maternal health and
10141014 17 life through the compilation of relevant maternal life and health factors
10151015 18 and data, and a further purpose and function shall be to monitor all
10161016 19 abortions performed in Indiana to assure the abortions are done only
10171017 20 under the authorized provisions of the law. For each abortion
10181018 21 performed and abortion inducing drug provided, prescribed,
10191019 22 administered, or dispensed, the report shall include, among other
10201020 23 things, the following:
10211021 24 (1) The age of the patient.
10221022 25 (2) Whether a waiver of consent under section 4 of this chapter
10231023 26 was obtained.
10241024 27 (3) Whether a waiver of notification under section 4 of this
10251025 28 chapter was obtained.
10261026 29 (4) The date and location, including the facility name and city or
10271027 30 town, where the:
10281028 31 (A) pregnant woman:
10291029 32 (i) provided consent; and
10301030 33 (ii) received all information;
10311031 34 required under section 1.1 of this chapter; and
10321032 35 (B) abortion was performed or the abortion inducing drug was
10331033 36 provided, prescribed, administered, or dispensed.
10341034 37 (5) The health care provider's full name and address, including the
10351035 38 name of the physicians performing the abortion or providing,
10361036 39 prescribing, administering, or dispensing the abortion inducing
10371037 40 drug.
10381038 41 (6) The city and county where the pregnancy termination
10391039 42 occurred.
10401040 2025 IN 275—LS 6211/DI 107 25
10411041 1 (7) The age of the father, or the approximate age of the father if
10421042 2 the father's age is unknown.
10431043 3 (8) The patient's county and state of residence.
10441044 4 (9) The marital status of the patient.
10451045 5 (10) The educational level of the patient.
10461046 6 (11) The race of the patient.
10471047 7 (12) The ethnicity of the patient.
10481048 8 (13) The number of the patient's previous live births.
10491049 9 (14) The number of the patient's deceased children.
10501050 10 (15) The number of the patient's spontaneous pregnancy
10511051 11 terminations.
10521052 12 (16) The number of the patient's previous induced terminations.
10531053 13 (17) The date of the patient's last menses.
10541054 14 (18) The physician's determination of the gestation of the fetus in
10551055 15 weeks.
10561056 16 (19) The reason for the abortion.
10571057 17 (20) (19) Whether the patient indicated that the patient was
10581058 18 seeking an abortion as a result of being:
10591059 19 (A) abused;
10601060 20 (B) coerced;
10611061 21 (C) harassed; or
10621062 22 (D) trafficked.
10631063 23 (21) (20) The following information concerning the abortion or
10641064 24 the provision, prescribing, administration, or dispensing of the
10651065 25 abortion inducing drug:
10661066 26 (A) The postfertilization age of the fetus (in weeks).
10671067 27 (B) The manner in which the postfertilization age was
10681068 28 determined.
10691069 29 (C) The gender of the fetus, if detectable.
10701070 30 (D) Whether the fetus has been diagnosed with or has a
10711071 31 potential diagnosis of having Down syndrome or any other
10721072 32 disability.
10731073 33 (E) If after the earlier of the time the fetus obtains viability or
10741074 34 the time the postfertilization age of the fetus is at least twenty
10751075 35 (20) weeks, the medical reason for the performance of the
10761076 36 abortion or the provision, prescribing, administration, or
10771077 37 dispensing of the abortion inducing drug.
10781078 38 (22) (21) For a surgical abortion, the medical procedure used for
10791079 39 the abortion and, if the fetus was viable or had a postfertilization
10801080 40 age of at least twenty (20) weeks:
10811081 41 (A) whether the procedure, in the reasonable judgment of the
10821082 42 health care provider, gave the fetus the best opportunity to
10831083 2025 IN 275—LS 6211/DI 107 26
10841084 1 survive;
10851085 2 (B) the basis for the determination that the pregnant woman
10861086 3 had a condition described in this chapter that required the
10871087 4 abortion to avert the death of or serious impairment to the
10881088 5 pregnant woman; and
10891089 6 (C) the name of the second doctor present, as required under
10901090 7 IC 16-34-2-3(a)(3). section 3(a)(3) of this chapter.
10911091 8 (23) (22) For a nonsurgical abortion, the precise drugs provided,
10921092 9 prescribed, administered, or dispensed, and the means of delivery
10931093 10 of the drugs to the patient.
10941094 11 (24) (23) For a nonsurgical abortion, that the manufacturer's
10951095 12 instructions were provided to the patient and that the patient
10961096 13 signed the patient agreement.
10971097 14 (25) (24) For an abortion performed before twenty (20) weeks of
10981098 15 postfertilization age of the fetus, the medical indication by
10991099 16 diagnosis code for the fetus and the mother.
11001100 17 (26) (25) The mother's obstetrical history, including dates of other
11011101 18 abortions, if any.
11021102 19 (27) (26) Any preexisting medical conditions of the patient that
11031103 20 may complicate the abortion.
11041104 21 (28) (27) The results of pathological examinations if performed.
11051105 22 (29) (28) For a surgical abortion, whether the fetus was delivered
11061106 23 alive, and if so, how long the fetus lived.
11071107 24 (30) (29) Records of all maternal deaths occurring at the location
11081108 25 where the abortion was performed or the abortion inducing drug
11091109 26 was provided, prescribed, administered, or dispensed.
11101110 27 (31) (30) The date the form was transmitted to the state
11111111 28 department and, if applicable, separately to the department of
11121112 29 child services.
11131113 30 (b) The health care provider shall complete the form provided for in
11141114 31 subsection (a) and shall transmit the completed form to the state
11151115 32 department, in the manner specified on the form, within thirty (30) days
11161116 33 after the date of each abortion. However, if an abortion is for a female
11171117 34 who is less than sixteen (16) years of age, the health care provider shall
11181118 35 transmit the form to the state department and separately to the
11191119 36 department of child services within three (3) days after the abortion is
11201120 37 performed.
11211121 38 (c) The dates supplied on the form may not be redacted for any
11221122 39 reason before the form is transmitted as provided in this section.
11231123 40 (d) Each failure to complete or timely transmit a form, as required
11241124 41 under this section, for each abortion performed or abortion inducing
11251125 42 drug that was provided, prescribed, administered, or dispensed, is a
11261126 2025 IN 275—LS 6211/DI 107 27
11271127 1 Class B misdemeanor.
11281128 2 (e) On a quarterly basis, Not later than June 30 of each year, the
11291129 3 state department shall compile a public report providing the following:
11301130 4 (1) Statistics for the previous calendar quarter year from the
11311131 5 information submitted under this section.
11321132 6 (2) Statistics for previous calendar years compiled by the state
11331133 7 department under this subsection, with updated information for
11341134 8 the calendar quarter year that was submitted to the state
11351135 9 department after the compilation of the statistics.
11361136 10 The state department shall ensure that no identifying information of a
11371137 11 pregnant woman is contained in the report.
11381138 12 (f) The state department shall:
11391139 13 (1) summarize aggregate data from all data submitted under this
11401140 14 section; and
11411141 15 (2) submit the data, before July 1 of each year, to the United
11421142 16 States Centers for Disease Control and Prevention for its inclusion
11431143 17 in the annual Vital Statistics Report.
11441144 18 SECTION 23. IC 16-34-2-7, AS AMENDED BY P.L.179-2022(ss),
11451145 19 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11461146 20 UPON PASSAGE]: Sec. 7. (a) Except as provided in subsections (b)
11471147 21 and (c), a person who knowingly or intentionally performs an abortion
11481148 22 prohibited by section 1 of not expressly provided for in this chapter
11491149 23 commits a Level 5 felony.
11501150 24 (b) A physician who performs an abortion intentionally or
11511151 25 knowingly in violation of section 1(a)(1)(D) 1(a)(1)(C) or 4 of this
11521152 26 chapter commits a Class A misdemeanor.
11531153 27 (c) A person who knowingly or intentionally performs an abortion
11541154 28 in violation of section 1.1 of this chapter commits a Class A infraction.
11551155 29 (d) A woman upon whom a partial birth abortion is performed may
11561156 30 not be prosecuted for violating or conspiring to violate section 1(b) of
11571157 31 this chapter.
11581158 32 (e) A woman upon whom a dismemberment abortion is performed
11591159 33 may not be prosecuted for violating or conspiring to violate section 1(c)
11601160 34 of this chapter.
11611161 35 SECTION 24. IC 16-34-3-2, AS AMENDED BY P.L.179-2022(ss),
11621162 36 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11631163 37 UPON PASSAGE]: Sec. 2. (a) A pregnant woman who has an abortion
11641164 38 under this article has the right to have the hospital or ambulatory
11651165 39 outpatient surgical center health care facility or abortion clinic
11661166 40 dispose of the aborted fetus by interment in compliance with
11671167 41 IC 23-14-54, or cremation through a licensee (as defined in
11681168 42 IC 25-15-2-19) and in compliance with IC 23-14-31. The pregnant
11691169 2025 IN 275—LS 6211/DI 107 28
11701170 1 woman who selects to have the hospital or ambulatory outpatient
11711171 2 surgical center health care facility or abortion clinic dispose of the
11721172 3 aborted fetus has the right to ask which method of disposal will be
11731173 4 used by the hospital or ambulatory outpatient surgical center. health
11741174 5 care facility or abortion clinic.
11751175 6 (b) After receiving the notification and information required by
11761176 7 IC 16-34-2-1.1(a)(2)(H), IC 16-34-2-1.1(a)(2)(I), and
11771177 8 IC 16-34-2-1.1(a)(2)(J), the pregnant woman shall inform the hospital
11781178 9 or ambulatory outpatient surgical center: health care facility or
11791179 10 abortion clinic:
11801180 11 (1) in writing; and
11811181 12 (2) on a form prescribed by the state department;
11821182 13 of the pregnant woman's decision for final disposition of the aborted
11831183 14 fetus by cremation or interment and, in an abortion induced by an
11841184 15 abortion inducing drug, whether the pregnant woman will return the
11851185 16 aborted fetus to the hospital or ambulatory outpatient surgical center
11861186 17 health care facility or abortion clinic for disposition by interment in
11871187 18 compliance with IC 23-14-54, or cremation through a licensee (as
11881188 19 defined in IC 25-15-2-19) and in compliance with IC 23-14-31.
11891189 20 (c) If the pregnant woman is a minor, the hospital or ambulatory
11901190 21 outpatient surgical center health care facility or abortion clinic shall
11911191 22 obtain parental consent in the disposition of the aborted fetus unless the
11921192 23 minor has received a waiver of parental consent under IC 16-34-2-4.
11931193 24 (d) The hospital or ambulatory outpatient surgical center health
11941194 25 care facility or abortion clinic shall document the pregnant woman's
11951195 26 decision concerning disposition of the aborted fetus in the pregnant
11961196 27 woman's medical record.
11971197 28 (e) In the case of an abortion induced by an abortion inducing drug,
11981198 29 the pregnant woman may return the aborted fetus to the hospital or
11991199 30 ambulatory outpatient surgical center health care facility or abortion
12001200 31 clinic for disposition by interment in compliance with IC 23-14-54, or
12011201 32 cremation through a licensee (as defined in IC 25-15-2-19) and in
12021202 33 compliance with IC 23-14-31.
12031203 34 SECTION 25. IC 16-34-3-3, AS AMENDED BY P.L.179-2022(ss),
12041204 35 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12051205 36 UPON PASSAGE]: Sec. 3. If the pregnant woman chooses a location
12061206 37 for final disposition other than the location of final disposition that is
12071207 38 usual and customary for a hospital or ambulatory outpatient surgical
12081208 39 center, health care facility or an abortion clinic, the pregnant woman
12091209 40 is responsible for the costs related to the final disposition of the aborted
12101210 41 fetus at the chosen location.
12111211 42 SECTION 26. IC 16-34-3-4, AS AMENDED BY P.L.179-2022(ss),
12121212 2025 IN 275—LS 6211/DI 107 29
12131213 1 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12141214 2 UPON PASSAGE]: Sec. 4. (a) A hospital or ambulatory outpatient
12151215 3 surgical center health care facility or an abortion clinic having
12161216 4 possession of an aborted fetus shall provide for the final disposition of
12171217 5 the aborted fetus. The burial transit permit requirements of IC 16-37-3
12181218 6 apply to the final disposition of an aborted fetus, which must be
12191219 7 interred or cremated. However:
12201220 8 (1) a person is not required to designate a name for the aborted
12211221 9 fetus on the burial transit permit and the space for a name may
12221222 10 remain blank; and
12231223 11 (2) any information submitted under this section that may be used
12241224 12 to identify the pregnant woman is confidential and must be
12251225 13 redacted from any public records maintained under IC 16-37-3.
12261226 14 Aborted fetuses may be cremated by simultaneous cremation.
12271227 15 (b) If the hospital or ambulatory outpatient surgical center health
12281228 16 care facility or abortion clinic conducts the cremation of aborted fetal
12291229 17 remains on site, the hospital or ambulatory outpatient surgical center
12301230 18 health care facility or abortion clinic must comply with all state laws
12311231 19 concerning the cremation of human remains as prescribed in
12321232 20 IC 23-14-31. The hospital or ambulatory outpatient surgical center
12331233 21 health care facility or abortion clinic must make the onsite cremation
12341234 22 equipment available to the state department for inspection at the time
12351235 23 the hospital or ambulatory outpatient surgical center health care
12361236 24 facility or abortion clinic is inspected. When the hospital or
12371237 25 ambulatory outpatient surgical center health care facility or abortion
12381238 26 clinic contracts with a licensed funeral home for the disposal of the
12391239 27 aborted fetal remains, the contract must be made available for review
12401240 28 by the state department at the time the hospital or ambulatory
12411241 29 outpatient surgical center health care facility or abortion clinic is
12421242 30 inspected.
12431243 31 (c) Except in extraordinary circumstances where the required
12441244 32 information is unavailable or unknown, a burial transit permit issued
12451245 33 under IC 16-37-3 that includes multiple fetal remains must be
12461246 34 accompanied by a log prescribed by the state department containing the
12471247 35 following information about each fetus included under the burial transit
12481248 36 permit:
12491249 37 (1) The date of the abortion.
12501250 38 (2) Whether the abortion was surgical or induced by an abortion
12511251 39 inducing drug.
12521252 40 (3) The name of the funeral director licensee who will be
12531253 41 retrieving the aborted fetus.
12541254 42 (4) In the case of an abortion induced by an abortion inducing
12551255 2025 IN 275—LS 6211/DI 107 30
12561256 1 drug:
12571257 2 (A) whether the pregnant woman will cremate or inter the
12581258 3 fetus, or will return the fetus to the hospital or ambulatory
12591259 4 outpatient surgical center health care facility or abortion
12601260 5 clinic for disposition; and
12611261 6 (B) if the pregnant woman returns the fetus to the hospital or
12621262 7 ambulatory outpatient surgical center, health care facility or
12631263 8 abortion clinic, whether the returned fetus is included in the
12641264 9 burial transit permit.
12651265 10 The hospital or ambulatory outpatient surgical center health care
12661266 11 facility or abortion clinic must keep a copy of the burial transit permit
12671267 12 and accompanying log in a permanent file.
12681268 13 (d) Each time the fetal remains are transported from one entity to
12691269 14 another for disposition, the entity receiving the fetal remains must
12701270 15 confirm that the number of fetal remains matches the information
12711271 16 contained in the burial transit permit and accompanying log. After final
12721272 17 disposition, a copy of the log will be sent back to the hospital or
12731273 18 ambulatory outpatient surgical center. health care facility or abortion
12741274 19 clinic. The final log will be attached to the original log described in
12751275 20 subsection (c) and will be made available for review by the state
12761276 21 department at the time of inspection.
12771277 22 (e) A hospital or ambulatory outpatient surgical center health care
12781278 23 facility or an abortion clinic is responsible for demonstrating to the
12791279 24 state department that the hospital or ambulatory outpatient surgical
12801280 25 center health care facility or abortion clinic has complied with the
12811281 26 protocol provided in this section.
12821282 27 (f) A certificate of stillbirth is not required to be issued for an
12831283 28 aborted fetus with a gestational age of less than twenty (20) weeks of
12841284 29 age.
12851285 30 (g) IC 23-14-31-26, IC 23-14-55-2, IC 25-15-9-18, and
12861286 31 IC 29-2-19-17 concerning the authorization of disposition of human
12871287 32 remains apply to this section.
12881288 33 SECTION 27. IC 16-34-4-5, AS AMENDED BY P.L.179-2022(ss),
12891289 34 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12901290 35 UPON PASSAGE]: Sec. 5. (a) A person may not intentionally perform
12911291 36 or attempt to perform an abortion allowed under IC 16-34-2 before the
12921292 37 earlier of viability of the fetus or twenty (20) weeks of
12931293 38 postfertilization age if the person knows that the pregnant woman is
12941294 39 seeking a sex selective abortion.
12951295 40 (b) A person may not intentionally perform or attempt to perform an
12961296 41 abortion allowed under IC 16-34-2 after viability of the fetus or
12971297 42 twenty (20) weeks of postfertilization age if the person knows that
12981298 2025 IN 275—LS 6211/DI 107 31
12991299 1 the pregnant woman is seeking a sex selective abortion.
13001300 2 (c) This section is severable as specified in IC 1-1-1-8.
13011301 3 SECTION 28. IC 16-34-4-6, AS AMENDED BY P.L.179-2022(ss),
13021302 4 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13031303 5 UPON PASSAGE]: Sec. 6. (a) A person may not intentionally perform
13041304 6 or attempt to perform an abortion allowed under IC 16-34-2 before the
13051305 7 earlier of viability of the fetus or twenty (20) weeks of
13061306 8 postfertilization age if the person knows that the pregnant woman is
13071307 9 seeking the abortion solely because the fetus has been diagnosed with
13081308 10 Down syndrome or has a potential diagnosis of Down syndrome.
13091309 11 (b) A person may not intentionally perform or attempt to perform an
13101310 12 abortion allowed under IC 16-34-2 after viability of the fetus or
13111311 13 twenty (20) weeks of postfertilization age if the person knows that
13121312 14 the pregnant woman is seeking the abortion solely because the fetus has
13131313 15 been diagnosed with Down syndrome or has a potential diagnosis of
13141314 16 Down syndrome.
13151315 17 (c) This section is severable as specified in IC 1-1-1-8.
13161316 18 SECTION 29. IC 16-34-4-7, AS AMENDED BY P.L.179-2022(ss),
13171317 19 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13181318 20 UPON PASSAGE]: Sec. 7. (a) A person may not intentionally perform
13191319 21 or attempt to perform an abortion allowed under IC 16-34-2 before the
13201320 22 earlier of viability of the fetus or twenty (20) weeks of
13211321 23 postfertilization age if the person knows that the pregnant woman is
13221322 24 seeking the abortion solely because the fetus has been diagnosed with
13231323 25 any other disability or has a potential diagnosis of any other disability.
13241324 26 (b) A person may not intentionally perform or attempt to perform an
13251325 27 abortion allowed under IC 16-34-2 after viability of the fetus or
13261326 28 twenty (20) weeks of postfertilization age if the person knows that
13271327 29 the pregnant woman is seeking the abortion solely because the fetus has
13281328 30 been diagnosed with any other disability or has a potential diagnosis of
13291329 31 any other disability.
13301330 32 (c) This section is severable as specified in IC 1-1-1-8.
13311331 33 SECTION 30. IC 16-34-4-8, AS AMENDED BY P.L.179-2022(ss),
13321332 34 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13331333 35 UPON PASSAGE]: Sec. 8. (a) A person may not intentionally perform
13341334 36 or attempt to perform an abortion allowed under IC 16-34-2 before the
13351335 37 earlier of viability of the fetus or twenty (20) weeks of
13361336 38 postfertilization age if the person knows that the pregnant woman is
13371337 39 seeking the abortion solely because of the race, color, national origin,
13381338 40 or ancestry of the fetus.
13391339 41 (b) A person may not intentionally perform or attempt to perform an
13401340 42 abortion allowed under IC 16-34-2 after viability of the fetus or
13411341 2025 IN 275—LS 6211/DI 107 32
13421342 1 twenty (20) weeks of postfertilization age if the person knows that
13431343 2 the pregnant woman is seeking the abortion solely because of the race,
13441344 3 color, national origin, or ancestry of the fetus.
13451345 4 (c) This section is severable as specified in IC 1-1-1-8.
13461346 5 SECTION 31. IC 16-34-5.1 IS ADDED TO THE INDIANA CODE
13471347 6 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
13481348 7 UPON PASSAGE]:
13491349 8 Chapter 5.1. Miscellaneous Provisions
13501350 9 Sec. 1. (a) The state department shall consider the results of an
13511351 10 abortion clinic inspection when making a determination
13521352 11 concerning the renewal of an abortion clinic license.
13531353 12 (b) The state department may not renew the license of an
13541354 13 abortion clinic until any noncompliance discovered during the
13551355 14 course of an inspection is remedied in a manner prescribed by the
13561356 15 state department under 410 IAC 26-2-8.
13571357 16 Sec. 2. (a) During the course of an abortion clinic's annual
13581358 17 inspection, the state department shall randomly select and review
13591359 18 patient files to ensure compliance with inspection form
13601360 19 requirements and IC 16-34-2-1.1(d). The number of files selected
13611361 20 and reviewed under this subsection must be consistent with
13621362 21 applicable administrative state department provisions concerning
13631363 22 patient file inspections.
13641364 23 (b) An abortion clinic's failure to comply with IC 16-34-2-1.1(d)
13651365 24 shall constitute an inspection violation for purposes of section 1(b)
13661366 25 of this chapter.
13671367 26 SECTION 32. IC 16-41-16-1, AS AMENDED BY
13681368 27 P.L.179-2022(ss), SECTION 37, IS AMENDED TO READ AS
13691369 28 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) This chapter
13701370 29 applies to persons and facilities that handle infectious waste, including
13711371 30 the following:
13721372 31 (1) Hospitals.
13731373 32 (2) Ambulatory surgical facilities.
13741374 33 (3) Medical laboratories.
13751375 34 (4) Diagnostic laboratories.
13761376 35 (5) Blood centers.
13771377 36 (6) Pharmaceutical companies.
13781378 37 (7) Academic research laboratories.
13791379 38 (8) Industrial research laboratories.
13801380 39 (9) Health facilities.
13811381 40 (10) Offices of health care providers.
13821382 41 (11) Diet or health care clinics.
13831383 42 (12) Offices of veterinarians.
13841384 2025 IN 275—LS 6211/DI 107 33
13851385 1 (13) Veterinary hospitals.
13861386 2 (14) Emergency medical services providers.
13871387 3 (15) Mortuaries.
13881388 4 (16) Abortion clinics.
13891389 5 (b) Except as provided in sections 2, 4, and 7.5 of this chapter, this
13901390 6 chapter does not apply to:
13911391 7 (1) home health agencies; or
13921392 8 (2) hospice services delivered in the home of a hospice patient.
13931393 9 SECTION 33. IC 25-1-9.8-10, AS AMENDED BY
13941394 10 P.L.179-2022(ss), SECTION 40, IS AMENDED TO READ AS
13951395 11 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. (a) As used in
13961396 12 this chapter, "provider facility" means any of the following:
13971397 13 (1) A hospital licensed under IC 16-21-2.
13981398 14 (2) An ambulatory outpatient surgical center licensed under
13991399 15 IC 16-21-2.
14001400 16 (3) An abortion clinic licensed under IC 16-21-2.
14011401 17 (3) (4) A birthing center licensed under IC 16-21-2.
14021402 18 (4) (5) Except for an urgent care facility (as defined by
14031403 19 IC 27-1-46-10.5), a facility that provides diagnostic services to
14041404 20 the medical profession or the general public.
14051405 21 (5) (6) A laboratory where clinical pathology tests are carried out
14061406 22 on specimens to obtain information about the health of a patient.
14071407 23 (6) (7) A facility where radiologic and electromagnetic images are
14081408 24 made to obtain information about the health of a patient.
14091409 25 (7) (8) An infusion center that administers intravenous
14101410 26 medications.
14111411 27 (b) The term does not include the following:
14121412 28 (1) A private mental health institution licensed under IC 12-25.
14131413 29 (2) A Medicare certified, freestanding rehabilitation hospital.
14141414 30 SECTION 34. IC 25-22.5-8-6, AS AMENDED BY P.L.56-2023,
14151415 31 SECTION 234, IS AMENDED TO READ AS FOLLOWS
14161416 32 [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) As used in this section,
14171417 33 "abortion" has the meaning set forth in IC 16-18-2-1.
14181418 34 (b) Notwithstanding IC 25-1-9, the board
14191419 35 (1) may revoke the license of a physician if, after appropriate
14201420 36 notice and an opportunity for a hearing, the attorney general
14211421 37 proves by a preponderance of the evidence that the physician:
14221422 38 (1) failed to transmit the form to the Indiana department of health
14231423 39 as described in IC 16-34-2-5(b); and or
14241424 40 (2) shall revoke the license of a physician if, after appropriate
14251425 41 notice and an opportunity for a hearing, the attorney general
14261426 42 proves by a preponderance of the evidence that the physician
14271427 2025 IN 275—LS 6211/DI 107 34
14281428 1 performed an abortion in violation of IC 16-34-2-7(a) through
14291429 2 IC 16-34-2-7(c) with the intent to avoid the requirements of
14301430 3 IC 16-34-2-1. IC 16-34-2.
14311431 4 SECTION 35. IC 25-36.1-2-1, AS AMENDED BY
14321432 5 P.L.179-2022(ss), SECTION 42, IS AMENDED TO READ AS
14331433 6 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. As used in this
14341434 7 chapter, "health care facility" means the following:
14351435 8 (1) A hospital that is licensed under IC 16-21-2.
14361436 9 (2) An ambulatory outpatient surgical center licensed under
14371437 10 IC 16-21-2.
14381438 11 (3) A birthing center licensed under IC 16-21-2.
14391439 12 (4) An abortion clinic licensed under IC 16-21-2.
14401440 13 SECTION 36. IC 27-1-46-10, AS AMENDED BY
14411441 14 P.L.179-2022(ss), SECTION 43, IS AMENDED TO READ AS
14421442 15 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. (a) As used in
14431443 16 this chapter, "provider facility" means any of the following:
14441444 17 (1) A hospital licensed under IC 16-21-2.
14451445 18 (2) An ambulatory outpatient surgical center licensed under
14461446 19 IC 16-21-2.
14471447 20 (3) An abortion clinic licensed under IC 16-21-2.
14481448 21 (3) (4) A birthing center licensed under IC 16-21-2.
14491449 22 (4) (5) Except for an urgent care facility, a facility that provides
14501450 23 diagnostic services to the medical profession or the general
14511451 24 public, including outpatient facilities.
14521452 25 (5) (6) A laboratory where clinical pathology tests are carried out
14531453 26 on specimens to obtain information about the health of a patient.
14541454 27 (6) (7) A facility where radiologic and electromagnetic images are
14551455 28 made to obtain information about the health of a patient.
14561456 29 (7) (8) An infusion center that administers intravenous
14571457 30 medications.
14581458 31 (b) The term does not include the following:
14591459 32 (1) A private mental health institution licensed under IC 12-25.
14601460 33 (2) A Medicare certified, freestanding rehabilitation hospital.
14611461 34 SECTION 37. IC 27-2-25-11, AS AMENDED BY
14621462 35 P.L.179-2022(ss), SECTION 44, IS AMENDED TO READ AS
14631463 36 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11. As used in this
14641464 37 chapter, "provider facility" means any of the following:
14651465 38 (1) A hospital licensed under IC 16-21-2.
14661466 39 (2) An ambulatory outpatient surgical center licensed under
14671467 40 IC 16-21-2.
14681468 41 (3) An abortion clinic licensed under IC 16-21-2.
14691469 42 (3) (4) A birthing center licensed under IC 16-21-2.
14701470 2025 IN 275—LS 6211/DI 107 35
14711471 1 (4) (5) Except for an urgent care facility (as defined by
14721472 2 IC 27-1-46-10.5), a facility that provides diagnostic services to
14731473 3 the medical profession or the general public.
14741474 4 (5) (6) A laboratory where clinical pathology tests are carried out
14751475 5 on specimens to obtain information about the health of a patient.
14761476 6 (6) (7) A facility where radiologic and electromagnetic images are
14771477 7 made to obtain information about the health of a patient.
14781478 8 (7) (8) An infusion center that administers intravenous
14791479 9 medications.
14801480 10 SECTION 38. IC 27-8-33-1, AS AMENDED BY P.L.179-2022(ss),
14811481 11 SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14821482 12 UPON PASSAGE]: Sec. 1. As used in this chapter, "abortion" has the
14831483 13 meaning set forth in IC 16-18-2-1. means the termination of human
14841484 14 pregnancy with an intention other than to produce a live birth or
14851485 15 to remove a dead fetus.
14861486 16 SECTION 39. IC 27-8-33-4, AS AMENDED BY P.L.179-2022(ss),
14871487 17 SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14881488 18 UPON PASSAGE]: Sec. 4. A qualified health plan offered under
14891489 19 Subtitle D of Title 1 of the federal Patient Protection and Affordable
14901490 20 Care Act may not provide coverage for abortion, except when an
14911491 21 abortion is permitted under IC 16-34-2-1. in the following cases:
14921492 22 (1) The pregnant woman became pregnant through an act of
14931493 23 rape or incest (as defined in IC 16-18-2-306.7).
14941494 24 (2) An abortion is necessary to avert the pregnant woman's
14951495 25 death or a substantial and irreversible impairment of a major
14961496 26 bodily function of the pregnant woman.
14971497 27 SECTION 40. IC 27-13-7-7.5, AS AMENDED BY
14981498 28 P.L.179-2022(ss), SECTION 47, IS AMENDED TO READ AS
14991499 29 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7.5. (a) A health
15001500 30 maintenance organization that provides coverage for basic health care
15011501 31 services and that is entered into, delivered, amended, or renewed after
15021502 32 December 31, 2014, under a group contract or an individual contract
15031503 33 may not provide coverage for abortion unless the abortion is permitted
15041504 34 under IC 16-34-2-1. except in the following cases:
15051505 35 (1) The pregnant woman became pregnant through an act of
15061506 36 rape or incest (as defined in IC 16-18-2-306.7).
15071507 37 (2) An abortion is necessary to avert the pregnant woman's
15081508 38 death or a substantial and irreversible impairment of a major
15091509 39 bodily function of the pregnant woman.
15101510 40 (b) A health maintenance organization that enters into a group
15111511 41 contract or an individual contract described in subsection (a) may offer
15121512 42 coverage for an abortion permitted under IC 16-34-2-1 through a rider
15131513 2025 IN 275—LS 6211/DI 107 36
15141514 1 or an endorsement.
15151515 2 SECTION 41. IC 35-41-3-12 IS REPEALED [EFFECTIVE UPON
15161516 3 PASSAGE]. Sec. 12. (a) It is a defense to any crime involving the death
15171517 4 of or injury to a fetus that the defendant was a pregnant woman who
15181518 5 committed the unlawful act with the intent to terminate her pregnancy.
15191519 6 (b) Except as provided in subsection (c), it is a defense to any crime
15201520 7 involving the death of or injury to a fetus that the mother of the fetus
15211521 8 requested that the defendant terminate her pregnancy, and that the
15221522 9 death or injury to the fetus was the result of the defendant's termination
15231523 10 or attempted termination of her pregnancy.
15241524 11 (c) Subsection (b) is not a defense to:
15251525 12 (1) performing an unlawful abortion under IC 16-34-2-7; or
15261526 13 (2) feticide (IC 35-42-1-6).
15271527 14 SECTION 42. IC 35-42-1-6, AS AMENDED BY P.L.179-2022(ss),
15281528 15 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15291529 16 UPON PASSAGE]: Sec. 6. (a) This section does not apply to:
15301530 17 (1) the pregnant mother whose pregnancy is terminated;
15311531 18 (2) a person who in good faith provides medical treatment to a
15321532 19 pregnant woman that results in the accidental or unintentional
15331533 20 termination of the pregnancy; or
15341534 21 (3) a physician licensed under IC 25-22.5 who, upon the request
15351535 22 of a pregnant woman, performs a medical procedure to terminate
15361536 23 her pregnancy, even if the procedure is not authorized under
15371537 24 IC 16-34-2-1.
15381538 25 (b) Except as provided in section 6.5 of this chapter, a person
15391539 26 who knowingly or intentionally terminates a human pregnancy with an
15401540 27 intention other than to produce a live birth or to remove a dead fetus
15411541 28 commits feticide, a Level 3 felony.
15421542 29 SECTION 43. IC 35-42-1-6.5, AS AMENDED BY
15431543 30 P.L.179-2022(ss), SECTION 50, IS AMENDED TO READ AS
15441544 31 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6.5. (a) The
15451545 32 following sections of this chapter do not apply to an abortion performed
15461546 33 in compliance with IC 16-34-2: IC 16-34 or IC 35-1-58.5 (before its
15471547 34 repeal):
15481548 35 (1) Section 1 (murder).
15491549 36 (2) Section 3 (voluntary manslaughter).
15501550 37 (3) Section 4 (involuntary manslaughter).
15511551 38 (4) Section 6 (feticide).
15521552 39 (b) The following sections of this chapter do not apply to a pregnant
15531553 40 woman who terminates her own pregnancy or kills a fetus that she is
15541554 41 carrying:
15551555 42 (1) Section 1 (murder).
15561556 2025 IN 275—LS 6211/DI 107 37
15571557 1 (2) Section 3 (voluntary manslaughter).
15581558 2 (3) Section 4 (involuntary manslaughter).
15591559 3 (4) Section 6 (feticide).
15601560 4 SECTION 44. [EFFECTIVE UPON PASSAGE] (a) 410 IAC 26
15611561 5 (before being voided by P.L.179-2022(ss), SECTION 51) is
15621562 6 reinstated as if the rule were never voided. The publisher of the
15631563 7 Indiana Administrative Code and Indiana Register shall republish
15641564 8 this article in the Indiana Administrative Code.
15651565 9 (b) 410 IAC 26.5 (before being voided by P.L.179-2022(ss),
15661566 10 SECTION 52) is reinstated as if the rule were never voided. The
15671567 11 publisher of the Indiana Administrative Code and Indiana Register
15681568 12 shall republish this article in the Indiana Administrative Code.
15691569 13 (c) This SECTION expires December 31, 2026.
15701570 14 SECTION 45. An emergency is declared for this act.
15711571 2025 IN 275—LS 6211/DI 107