SB 194-2_ Filed 02/26/2007, 10:46 Simpson

SENATE MOTION

                    
MADAM PRESIDENT:

    I move that Senate Bill 194 be amended to read as follows:

    Page 1, between the enacting clause and line 1, begin a new paragraph and insert:    
     SECTION 1. IC 16-18-2-69.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 69.2. "Contraception", for purposes of IC 16-34, means the use of a drug or device that has been approved to prevent pregnancy by the federal Food and Drug Administration.
SOURCE: IC 16-34-1-0.5; (07)SB0135.1.2. -->     SECTION 2. IC 16-34-1-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 0.5. Contraception is not subject to or governed by this article.
SOURCE: IC 16-34-2-1.1; (07)SB0135.1.3. -->     SECTION 3. IC 16-34-2-1.1, AS AMENDED BY P.L.36-2005, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1.1. (a) An abortion shall not be performed except with the voluntary and informed consent of the pregnant woman upon whom the abortion is to be performed. Except in the case of a medical emergency, consent to an abortion is voluntary and informed only if the following conditions are met:
        (1) At least eighteen (18) hours before the abortion and in the presence of the pregnant woman, the physician who is to perform the abortion, the referring physician or a physician assistant (as defined in IC 25-27.5-2-10), an advanced practice nurse (as defined in IC 25-23-1-1(b)), or a midwife (as defined in IC 34-18-2-19) to whom the responsibility has been delegated by the physician who is to perform the abortion or the referring physician has orally informed the pregnant woman of the following:
            (A) The name of the physician performing the abortion.
            (B) The nature of the proposed procedure or treatment.
            (C) The risks of and alternatives to the procedure or treatment.
            (D) The probable gestational age of the fetus, including an offer to provide:
                (i) a picture or drawing of a fetus;
                (ii) the dimensions of a fetus; and
                (iii) relevant information on the potential survival of an

unborn fetus;
            at this stage of development.
            (E) The medical risks associated with carrying the fetus to term.
            (F) The availability of fetal ultrasound imaging and auscultation of fetal heart tone services to enable the pregnant woman to view the image and hear the heartbeat of the fetus and how to obtain access to these services.
             (G) That there are differing medical opinions concerning when a fetus feels pain.
        (2) At least eighteen (18) hours before the abortion, the pregnant woman will be orally informed of the following:
            (A) That medical assistance benefits may be available for prenatal care, childbirth, and neonatal care from the county office of family and children.
            (B) That the father of the unborn fetus is legally required to assist in the support of the child. In the case of rape, the information required under this clause may be omitted.
            (C) That adoption alternatives are available and that adoptive parents may legally pay the costs of prenatal care, childbirth, and neonatal care.
         (3) At least eighteen (18) hours before the abortion, the pregnant woman will be informed in writing of the following:
            (A) That adoption alternatives are available and that there are many couples who are willing and waiting to adopt a child.
            (B) That there are physical risks to the woman in:
                (i) having an abortion, both during the abortion procedure and after; and
                (ii) completing a pregnancy.

             (C) That an embryo formed by the fertilization of a human ovum by a human sperm immediately begins to divide and grow as human physical life.
        (3) (4) The pregnant woman certifies in writing, before the abortion is performed, that the information required by subdivisions (1) and (2) through (3) has been provided.
    (b) Before an abortion is performed, the pregnant woman may, upon the pregnant woman's request, view the fetal ultrasound imaging and hear the auscultation of the fetal heart tone if the fetal heart tone is audible.

    Renumber all SECTIONS consecutively.

        (Reference is to SB 194 as printed February 23, 2007.)

________________________________________

Senator SIMPSON


DS 019403/DI jr
2007