Introduced Version






SENATE BILL No. 146

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 16-34-2.

Synopsis: Information preceding an abortion. Provides that informed consent to an abortion includes the requirement that a physician inform a pregnant woman that a fetus might feel pain. Provides that notice must be given to a pregnant woman in writing at least 18 hours before an abortion concerning the availability of adoptions, concerning physical risks to the woman in having an abortion, and stating that human physical life begins when a human ovum is fertilized by a human sperm. Requires a physician who performs an abortion to: (1) have privileges at a hospital in the county or in a county adjacent to the county where the abortion is performed; and (2) notify the patient of the hospital location where the patient can receive follow-up care by the physician.

Effective: July 1, 2008.





Miller, Drozda




    January 8, 2008, read first time and referred to Committee on Judiciary.







Introduced

Second Regular Session 115th General Assembly (2008)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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SENATE BILL No. 146



    A BILL FOR AN ACT to amend the Indiana Code concerning health.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 16-34-2-1.1; (08)IN0146.1.1. -->     SECTION 1. IC 16-34-2-1.1, AS AMENDED BY P.L.36-2005, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: 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 the fetus might feel 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 having an abortion, both during the abortion procedure and after.

             (C) That human physical life begins when a human ovum is fertilized by a human sperm.
        (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.

SOURCE: IC 16-34-2-4.5; (08)IN0146.1.2. -->     SECTION 2. IC 16-34-2-4.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 4.5. (a) A physician may not perform an abortion unless the physician has privileges at a hospital located:
        (1) in the county; or
        (2) in a county adjacent to the county;
in which the abortion is performed.
    (b) The physician who performs an abortion shall notify the patient of the location of the hospital at which the physician has privileges and where the patient may receive follow-up care by the physician if complications arise.