HB 1172-4_ Filed 02/25/2008, 10:53 Miller
that Engrossed House Bill 1172 be amended to read as follows:
SOURCE: Page 22, line 18; (08)MO117201.22. -->
Page 22, between lines 18 and 19, begin a new paragraph and insert:
SOURCE: IC 16-34-2-1.1; (08)MO117201.14. -->
"SECTION 14. 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
(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
at this stage of development.
(E) The medical risks associated with carrying the fetus to
(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 is differing medical evidence 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, that there are
many couples who are willing and waiting to adopt a child,
and that, under certain circumstances, adoptive parents
may legally pay costs associated with prenatal care,
childbirth, and neonatal care.
(B) That there are physical risks to the woman in having
an abortion, both during the abortion procedure and after.
(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
SOURCE: IC 16-34-2-4.5; (08)MO117201.15. -->
SECTION 15. 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 admitting 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.
Renumber all SECTIONS consecutively.
(Reference is to EHB 1172 as printed February 22, 2008.)