January 18, 2008
SENATE BILL No. 146
DIGEST OF SB 146
(Updated January 16, 2008 1:05 pm - DI 106)
Citations Affected: IC 16-34.
Synopsis: Information preceding an abortion. Provides that informed
consent to an abortion includes the requirement that a physician inform
a pregnant woman that there is differing medical evidence concerning
when a fetus feels 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 and that certain
adoption-related expenses may be borne by the adoptive parents,
concerning physical risks to the woman in having an abortion, and
stating 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. Requires a physician who performs an abortion to: (1)
have admitting 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.
January 8, 2008, read first time and referred to Committee on Judiciary.
January 17, 2008, amended, reported favorably _ Do Pass.
January 18, 2008
Second Regular Session 115th General Assembly (2008)
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between statutes enacted by the 2007 Regular Session of the General Assembly.
SENATE BILL No. 146
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 16-34-2-1.1; (08)SB0146.1.1. -->
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
(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.
The pregnant woman certifies in writing, before the
abortion is performed, that the information required by
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)SB0146.1.2. -->
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 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.