Citations Affected: IC 16-21-2.
Synopsis: Regulation of abortion clinics. Requires the state
department of health to establish procedures to determine whether an
abortion clinic is complying with the laws governing abortion and child
abuse or neglect reporting. Prohibits the state department from granting
an exemption to an abortion clinic concerning abortion clinic physical
Effective: July 1, 2006.
January 9, 2006, read first time and referred to Committee on Health and Provider
A BILL FOR AN ACT to amend the Indiana Code concerning
this subsection must address the following:
(A) The form and content of the license.
(B) The collection of an annual license fee.
(5) Prescribe the procedures and standards for inspections.
(b) The state department shall adopt rules under IC 4-22-2 to do the following concerning abortion clinics:
(1) Establish policies and procedures to enforce:
(A) IC 16-34-2; and
(B) IC 31-33-5;
including the revocation or denial of a clinic's license for failure to show compliance with these statutes.
(2) Establish requirements that require an abortion clinic to have:
(A) a written policy; and
(B) documentation on a patient's medical record;
to show compliance with IC 16-34-2 and IC 31-33-5.
(c) The state department shall:
(1) report an abortion clinic's failure to comply with IC 16-34-2 or IC 31-33-5 to the attorney general; and
(2) provide the attorney general with any evidence of the noncompliance.
The attorney general has authority to investigate an abortion clinic's noncompliance with IC 16-34-2 and IC 31-33-5.
(d) If the attorney general determines after an investigation that an abortion clinic has not complied with IC 16-34-2 or IC 31-33-5, the attorney general shall:
(1) refer the case to the prosecuting attorney of the county in which the abortion clinic is located; and
(2) provide the prosecuting attorney with any evidence the attorney general has compiled on the case.
(b) (e) A person who knowingly or intentionally:
(1) operates a birthing center or an abortion clinic that is not licensed under this chapter; or
(2) advertises the operation of a birthing center or an abortion clinic that is not licensed under this chapter;
commits a Class A misdemeanor.