State Legislation 2013
Pro-Life Legislation Introduced in the 2013 General Assembly
Posted: January 30, 2013
Bill summaries from www.in.gov
Regulation of medical (chemical) abortion
SB 371 (Sen. Travis Holdman)
Abortion inducing drugs. Amends the definition of “abortion clinic” to include facilities that provide abortion inducing drugs. Specifies that only a physician who meets certain conditions may administer to a pregnant woman an abortion inducing drug, and sets forth the procedure the physician must follow. Requires a physician who learns of an adverse event following the use of an abortion inducing drug to report the adverse event to the Food and Drug Administration and the medical licensing board. Specifies that the reports of adverse events related to abortion inducing drugs and maintained by the medical licensing board are public records. Makes a violation concerning distribution of an abortion inducing drug and failure to report an adverse event a Class A misdemeanor.
Standard of quality: informed consent brochure
HB 1557 (Rep. Martin Carbaugh)
Informed consent brochure for abortions. Requires the state department of health to develop an informed consent brochure containing specified information related to an abortion and post the brochure on the state department’s Internet web site. Requires a provider who is to perform an abortion or a delegated person to provide a color copy of the informed consent brochure and other specified information to the pregnant woman at least 18 hours before the abortion.
SB 101 (Sen. Dennis Kruse/Sen. Jim Banks)
Written materials on abortions. Requires the state department of health to develop written materials to be provided to a pregnant woman setting forth specified information. Allows the state department to charge a provider who requests the materials the cost of printing and distributing the materials. Specifies information to be included in the written materials.
Reaffirming and strengthening language that a woman shall view an ultrasound and shall hear the fetal heart tone unless she certifies in writing that she declines
SB 489 (Sen. Michael Young)
Certification forms before an abortion. Requires that the written certification required of a pregnant woman before undergoing an abortion must be on a form developed by the state department of health. Requires the abortion provider to be the one to perform pre-abortion fetal ultrasound imaging and auscultation of the fetal heart tone. Provides that if the pregnant woman does not want to listen to the auscultation of the fetal heart tone, she must certify that in writing on a form developed by the state department of health.
HB 1461 (Rep. Steve Davisson)
Health care professionals conscience clause. Provides that a health care professional may not be required to dispense a drug or medical device if the health care professional believes the drug or medical device would be used to: (1) cause an abortion; (2) destroy an unborn child; or (3) cause the death of a person by means of assisted suicide, euthanasia, or mercy killing. Specifies that a health care professional’s refusal to dispense a drug or medical device under these circumstances may not be the basis for: (1) a claim for damages against the health care professional, the health care professional’s employer, or the facility where the health care professional is employed; or (2) disciplinary, recriminatory, or discriminatory action against the health care professional. Provides that an employer who knowingly or intentionally takes disciplinary, recriminatory, or discriminatory action against a health care professional who refuses to dispense a drug or medical device under these circumstances commits health care professional discrimination, a Class A misdemeanor. Makes a second or subsequent offense a Class D felony. Authorizes the health care professional’s licensing board to assess additional fines against the employer.
Ban on abortions for selective reasons
HB 1430 (Rep. Matt Ubelhor)
Race and sex-selective abortions. Prohibits a person from performing an abortion if the person knows that the pregnant woman is seeking the abortion because of: (1) the sex of the fetus; (2) the race of the fetus; or (3) the race of the parent. Makes it a Class C felony if a person knowingly or intentionally commits a sex-selective or race-selective abortion.
SB 183 (Sen. Dennis Kruse/Sen. Jim Banks)
Sex selection and genetic abnormality abortion ban. Prohibits a person from performing an abortion if the person knows that the pregnant woman is seeking the abortion because of: (1) the sex of the fetus; or (2) a diagnosis or potential diagnosis of the fetus having Down syndrome or a genetic abnormality. Makes it a Class C felony if a person knowingly or intentionally commits a sex-selective abortion or an abortion conducted because of a diagnosis of Down syndrome or other genetic abnormality. Provides for civil relief.
Ban on abortions at IU Hospital and teaching facilities.
HB 1336 (Rep. Jeffrey Thompson)
Abortion ban at IU Hospital and teaching facilities. Prohibits Indiana University hospital and other medical education facilities from performing abortions except under specified circumstances.
SB 179 (Sen. Jim Banks/Sen. Carlin Yoder)
Physical plant requirements for abortion clinics. For purposes of hospital licensure law, modifies the definition of “abortion clinic” to include an entity that provides abortion inducing drugs for the purpose of inducing an abortion. Sets forth certain safety and health requirements that an abortion clinic must meet. Specifies that existing licensed abortion clinics must meet the safety and health requirements. Requires the state department of health to inspect an abortion clinic at least one time per year.
Abortion Not Covered in Insurance Plans in Indiana
SB 335 (Sen. Dennis Kruse)
Insurance coverage of abortions. Prohibits a state employee health plan, an individual or group policy of accident and sickness insurance, and a group or individual contract with a health maintenance organization from including coverage for abortion unless the abortion is necessary to prevent a substantial permanent impairment of the life or physical health of the pregnant woman. Allows an insurer or health maintenance organization to offer a rider for abortion services if the insurer or health maintenance organization charges an additional premium for the rider.