Introduced Version






SENATE BILL No. 290

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 16-18-2; IC 16-21; IC 16-31-6.5-2; IC 16-34; IC 16-34.2; IC 16-40-5-2; IC 25-36.1-2-1; IC 31-39; IC 34-23-2-1.

Synopsis: Prohibition of abortion. Prohibits abortion in Indiana unless a physician determines, based on sound medical practice, that the abortion is necessary to save the life of a pregnant woman. Creates a Class C felony for a person who knowingly, intentionally, or recklessly performs an abortion. Removes references to abortion clinics. Repeals current statutes governing the performance of abortions.

Effective: July 1, 2011.





Tomes, Kruse




    January 6, 2011, read first time and referred to Committee on Health and Provider Services.







Introduced

First Regular Session 117th General Assembly (2011)


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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2010 Regular Session of the General Assembly.

SENATE BILL No. 290



    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 16-18-2-179; (11)IN0290.1.1. -->     SECTION 1. IC 16-18-2-179, AS AMENDED BY P.L.99-2007, SECTION 154, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 179. (a) "Hospital", except as provided in subsections (b) through (g), (f), means a hospital that is licensed under IC 16-21-2.
    (b) "Hospital", for purposes of IC 16-21, means an institution, a place, a building, or an agency that holds out to the general public that it is operated for hospital purposes and that it provides care, accommodations, facilities, and equipment, in connection with the services of a physician, to individuals who may need medical or surgical services. The term does not include the following:
        (1) Freestanding health facilities.
        (2) Hospitals or institutions specifically intended to diagnose, care, and treat the following:
            (A) Individuals with a mental illness (as defined in IC 12-7-2-117.6).
            (B) Individuals with developmental disabilities (as defined in

IC 12-7-2-61).
        (3) Offices of physicians where patients are not regularly kept as bed patients.
        (4) Convalescent homes, boarding homes, or homes for the aged.
    (c) "Hospital", for purposes of IC 16-22-8, has the meaning set forth in IC 16-22-8-5.
    (d) "Hospital", for purposes of IC 16-23.5, has the meaning set forth in IC 16-23.5-1-9.
    (e) "Hospital" or "tuberculosis hospital", for purposes of IC 16-24, means an institution or a facility for the treatment of individuals with tuberculosis.
    (f) "Hospital", for purposes of IC 16-34, means a hospital (as defined in subsection (b)) that:
        (1) is required to be licensed under IC 16-21-2; or
        (2) is operated by an agency of the United States.
    (g) (f) "Hospital", for purposes of IC 16-41-12, has the meaning set forth in IC 16-41-12-6.

SOURCE: IC 16-18-2-223.5; (11)IN0290.1.2. -->     SECTION 2. IC 16-18-2-223.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 223.5. "Medical emergency", for purposes of IC 16-34, IC 16-34.2, means a condition that, on the basis of the attending physician's good faith clinical judgment, complicates the medical condition of a pregnant woman so that it necessitates the immediate termination of her pregnancy to avert her death or for which a delay would create serious risk of substantial and irreversible impairment of a major bodily function.
SOURCE: IC 16-21-1-7; (11)IN0290.1.3. -->     SECTION 3. IC 16-21-1-7, AS AMENDED BY P.L.96-2005, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 7. (a) Except as provided in subsection (b), the council shall propose and the executive board may adopt rules under IC 4-22-2 necessary to protect the health, safety, rights, and welfare of patients, including the following:
        (1) Rules pertaining to the operation and management of hospitals, ambulatory outpatient surgical centers, abortion clinics, and birthing centers.
        (2) Rules establishing standards for equipment, facilities, and staffing required for efficient and quality care of patients.
    (b) The state department may request the council to propose a new rule or an amendment to an existing rule necessary to protect the health, safety, rights, and welfare of patients. If the council does not propose a rule within ninety (90) days of the department's request, the department may propose its own rule.
    (c) The state department shall consider the rules proposed by the

council and may adopt, modify, remand, or reject specific rules or parts of rules proposed by the council.

SOURCE: IC 16-21-2-1; (11)IN0290.1.4. -->     SECTION 4. IC 16-21-2-1, AS AMENDED BY P.L.96-2005, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Except as provided in subsection (b), this chapter applies to all hospitals, ambulatory outpatient surgical centers, abortion clinics, and birthing centers.
    (b) This chapter does not apply to a hospital operated by the federal government.
    (c) This chapter does not affect a statute pertaining to the placement and adoption of children.
SOURCE: IC 16-21-2-2; (11)IN0290.1.5. -->     SECTION 5. IC 16-21-2-2, AS AMENDED BY P.L.96-2005, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. The state department shall license and regulate:
        (1) hospitals;
        (2) ambulatory outpatient surgical centers; and
        (3) birthing centers. and
        (4) abortion clinics.
SOURCE: IC 16-21-2-2.5; (11)IN0290.1.6. -->     SECTION 6. IC 16-21-2-2.5, AS ADDED BY P.L.96-2005, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2.5. (a) The state department shall adopt rules under IC 4-22-2 to do the following concerning birthing centers: and abortion clinics:
        (1) Establish minimum license qualifications.
        (2) Establish the following requirements:
            (A) Sanitation standards.
            (B) Staff qualifications.
            (C) Necessary emergency equipment.
            (D) Procedures to provide emergency care.
            (E) Quality assurance standards.
            (F) Infection control.
        (3) Prescribe the operating policies, supervision, and maintenance of medical records.
        (4) Establish procedures for the issuance, renewal, denial, and revocation of licenses under this chapter. The rules adopted under 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) 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.
SOURCE: IC 16-21-2-10; (11)IN0290.1.7. -->     SECTION 7. IC 16-21-2-10, AS AMENDED BY P.L.96-2005, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 10. A:
        (1) person;
        (2) state, county, or local governmental unit; or
        (3) division, a department, a board, or an agency of a state, county, or local governmental unit;
must obtain a license from the state health commissioner under IC 4-21.5-3-5 before establishing, conducting, operating, or maintaining a hospital, an ambulatory outpatient surgical center, an abortion clinic, or a birthing center.
SOURCE: IC 16-21-2-11; (11)IN0290.1.8. -->     SECTION 8. IC 16-21-2-11, AS AMENDED BY P.L.96-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 11. (a) An applicant must submit an application for a license on a form prepared by the state department showing that:
        (1) the applicant is of reputable and responsible character;
        (2) the applicant is able to comply with the minimum standards for a hospital, an ambulatory outpatient surgical center, an abortion clinic, or a birthing center, and with rules adopted under this chapter; and
        (3) the applicant has complied with section 15.4 of this chapter.
    (b) The application must contain the following additional information:
        (1) The name of the applicant.
        (2) The type of institution to be operated.
        (3) The location of the institution.
        (4) The name of the person to be in charge of the institution.
        (5) If the applicant is a hospital, the range and types of services to be provided under the general hospital license, including any service that would otherwise require licensure by the state department under the authority of IC 16-19.
        (6) Other information the state department requires.
SOURCE: IC 16-21-2-14; (11)IN0290.1.9. -->     SECTION 9. IC 16-21-2-14, AS AMENDED BY P.L.96-2005, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 14. A license to operate a hospital, an ambulatory outpatient surgical center, an abortion clinic, or a birthing center:
        (1) expires one (1) year after the date of issuance;
        (2) is not assignable or transferable;
        (3) is issued only for the premises named in the application;
        (4) must be posted in a conspicuous place in the facility; and
        (5) may be renewed each year upon the payment of a renewal fee at the rate adopted by the council under IC 4-22-2.
SOURCE: IC 16-21-2-16; (11)IN0290.1.10. -->     SECTION 10. IC 16-21-2-16, AS AMENDED BY P.L.96-2005, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 16. A hospital, an ambulatory outpatient surgical center, an abortion clinic, or a birthing center that provides to a patient notice concerning a third party billing for a service provided to the patient shall ensure that the notice:
        (1) conspicuously states that the notice is not a bill;
        (2) does not include a tear-off portion; and
        (3) is not accompanied by a return mailing envelope.
SOURCE: IC 16-31-6.5-2; (11)IN0290.1.11. -->     SECTION 11. IC 16-31-6.5-2, AS AMENDED BY P.L.96-2005, SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. This chapter does not apply to the following:
        (1) A licensed physician.
        (2) A hospital, an ambulatory outpatient surgical center, an abortion clinic, or a birthing center.
        (3) A person providing health care in a hospital, an ambulatory outpatient surgical center, an abortion clinic, or a birthing center licensed under IC 16-21.
        (4) A person or entity certified under IC 16-31-3.
SOURCE: IC 16-34.2; (11)IN0290.1.12. -->     SECTION 12. IC 16-34.2 IS ADDED TO THE INDIANA CODE AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]:
     ARTICLE 34.2. PROHIBITION ON ABORTION
     Chapter 1. Prohibition on Abortion
    Sec. 1. (a) Except as provided in subsection (b), an abortion may not be performed in Indiana.
    (b) A physician licensed under IC 25-22.5 may perform an abortion only after the physician has determined, based on sound medical practice, that there is a medical emergency and the abortion is necessary to save the life of a pregnant woman.

     Sec. 2. A person who knowingly, intentionally, or recklessly performs an abortion in violation of this chapter commits illegal performance of an abortion, a Class C felony.
SOURCE: IC 16-40-5-2; (11)IN0290.1.13. -->     SECTION 13. IC 16-40-5-2, AS ADDED BY P.L.101-2007, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. As used in this chapter, "health care facility" includes the following:
        (1) An abortion clinic licensed under IC 16-21-2.
        (2) (1) An ambulatory outpatient surgical center licensed under

IC 16-21-2.
        (3) (2) A birthing center licensed under IC 16-21-2.
        (4) (3) A hospital licensed under IC 16-21-2.
        (5) (4) An office-based setting under IC 25-22.5-2-7(10) including a facility, clinic, center, office or other setting where procedures are performed that require moderate sedation, deep sedation, general anesthesia, or regional anesthesia.

SOURCE: IC 25-36.1-2-1; (11)IN0290.1.14. -->     SECTION 14. IC 25-36.1-2-1, AS ADDED BY P.L.97-2009, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. As used in this chapter, "health care facility" means the following:
        (1) A hospital that is licensed under IC 16-21-2.
        (2) An ambulatory outpatient surgical center licensed under IC 16-21-2.
        (3) A birthing center licensed under IC 16-21-2.
        (4) An abortion clinic licensed under IC 16-21-2.
SOURCE: IC 31-39-1-1; (11)IN0290.1.15. -->     SECTION 15. IC 31-39-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) This chapter applies to all records of the juvenile court except the following:
        (1) Records involving an adult charged with a crime or criminal contempt of court.
        (2) Records involving a pregnant minor or her physician seeking a waiver of the requirement under IC 35-1-58.5-2.5 (before its repeal) or IC 16-34-2-4 (before its repeal) that a physician who performs an abortion on an unemancipated minor first obtain the written consent of the minor's parent or guardian.
    (b) The legal records subject to this chapter include the following:
        (1) Chronological case summaries.
        (2) Index entries.
        (3) Summonses.
        (4) Warrants.
        (5) Petitions.
        (6) Orders.
        (7) Motions.
        (8) Decrees.
SOURCE: IC 31-39-2-1; (11)IN0290.1.16. -->     SECTION 16. IC 31-39-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) This chapter applies to all records of the juvenile court except the following:
        (1) Records involving an adult charged with a crime or criminal contempt of court.
        (2) Records involving a pregnant minor or her physician seeking a waiver of the requirement under IC 35-1-58.5-2.5 (before its

repeal) or IC 16-34-2-4 (before its repeal) that a physician who performs an abortion on an unemancipated minor first obtain the written consent of the minor's parent or guardian.
    (b) The legal records subject to this chapter include the following:
        (1) Chronological case summaries.
        (2) Index summaries.
        (3) Summonses.
        (4) Warrants.
        (5) Petitions.
        (6) Orders.
        (7) Motions.
        (8) Decrees.

SOURCE: IC 34-23-2-1; (11)IN0290.1.17. -->     SECTION 17. IC 34-23-2-1, AS AMENDED BY P.L.129-2009, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) This section does not apply to an abortion performed in compliance with:
        (1) IC 16-34 (before its repeal); or
         (2) IC 16-34.2; or
        (2) (3) IC 35-1-58.5 (before its repeal).
    (b) As used in this section, "child" means an unmarried individual without dependents who is:
        (1) less than twenty (20) years of age; or
        (2) less than twenty-three (23) years of age and is enrolled in a postsecondary educational institution or a career and technical education school or program that is not a postsecondary educational program.
The term includes a fetus that has attained viability (as defined in IC 16-18-2-365).
    (c) An action may be maintained under this section against the person whose wrongful act or omission caused the injury or death of a child. The action may be maintained by:
        (1) the father and mother jointly, or either of them by naming the other parent as a codefendant to answer as to his or her interest;
        (2) in case of divorce or dissolution of marriage, the person to whom custody of the child was awarded; and
        (3) a guardian, for the injury or death of a protected person.
    (d) In case of death of the person to whom custody of a child was awarded, a personal representative shall be appointed to maintain the action for the injury or death of the child.
    (e) In an action brought by a guardian for an injury to a protected person, the damages inure to the benefit of the protected person.
    (f) In an action to recover for the death of a child, the plaintiff may

recover damages:
        (1) for the loss of the child's services;
        (2) for the loss of the child's love and companionship; and
        (3) to pay the expenses of:
            (A) health care and hospitalization necessitated by the wrongful act or omission that caused the child's death;
            (B) the child's funeral and burial;
            (C) the reasonable expense of psychiatric and psychological counseling incurred by a surviving parent or minor sibling of the child that is required because of the death of the child;
            (D) uninsured debts of the child, including debts for which a parent is obligated on behalf of the child; and
            (E) the administration of the child's estate, including reasonable attorney's fees.
    (g) Damages may be awarded under this section only with respect to the period of time from the death of the child until:
        (1) the date that the child would have reached:
            (A) twenty (20) years of age; or
            (B) twenty-three (23) years of age, if the child was enrolled in a postsecondary educational institution or in a career and technical education school or program that is not a postsecondary educational program; or
        (2) the date of the child's last surviving parent's death;
whichever first occurs.
    (h) Damages may be awarded under subsection (f)(2) only with respect to the period of time from the death of the child until the date of the child's last surviving parent's death.
    (i) Damages awarded under subsection (f)(1), (f)(2), (f)(3)(C), and (f)(3)(D) inure to the benefit of:
        (1) the father and mother jointly if both parents had custody of the child;
        (2) the custodial parent, or custodial grandparent, and the noncustodial parent of the deceased child as apportioned by the court according to their respective losses; or
        (3) a custodial grandparent of the child if the child was not survived by a parent entitled to benefit under this section.
However, a parent or grandparent who abandoned a deceased child while the child was alive is not entitled to any recovery under this chapter.
    (j) This section does not affect or supersede any other right, remedy, or defense provided by any other law.

SOURCE: IC 35-42-1-0.5; (11)IN0290.1.18. -->     SECTION 18. IC 35-42-1-0.5 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 0.5. Sections 1, 3, and 4 of this chapter do not apply to an abortion performed in compliance with:
        (1) IC 16-34 (before its repeal); or
         (2) IC 16-34.2; or
        (2) (3) IC 35-1-58.5 (before its repeal).

SOURCE: IC 35-42-1-6; (11)IN0290.1.19. -->     SECTION 19. IC 35-42-1-6, AS AMENDED BY P.L.40-2009, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 6. A person who knowingly or intentionally terminates a human pregnancy with an intention other than to produce a live birth or to remove a dead fetus commits feticide, a Class B felony. This section does not apply to an abortion performed in compliance with:
        (1) IC 16-34 (before its repeal); or
         (2) IC 16-34.2; or
        (2) (3) IC 35-1-58.5 (before its repeal).
    SECTION 20. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2011]: IC 16-18-2-1.5; IC 16-18-2-69; IC 16-18-2-267; IC 16-18-2-293.5; IC 16-18-2-355; IC 16-18-2-365; IC 16-34.