Citations Affected: IC 16-18-2-126.5; IC 16-34-3.
Synopsis: Provision of RU-486. Establishes requirements to be met
before RU-486 (mifepristone) may be prescribed to an individual for
the purpose of inducing an abortion. Requires physicians who become
aware of specified adverse events after the provision of RU-486 to
make a written report to the medical licensing board of Indiana.
Requires the medical licensing board to compile the written reports,
omit personal identifying information, and retain the reports as public
records. Establishes a Class D felony (or a Class C felony for
subsequent violations) if a person knowingly provides RU-486 in
violation of the specified requirements.
Effective: July 1, 2011.
January 20, 2011, read first time and referred to Committee on Public Health.
A BILL FOR AN ACT to amend the Indiana Code concerning
(mifepristone) by a person to the recipient, if the
transportation and delivery do not include conduct described
in section 3 of this chapter.
(3) The legal sale, distribution, or provision of RU-486 (mifepristone) by a legal manufacturer or legal distributor of RU-486 (mifepristone) if the manufacturer or distributor made a good faith effort to comply with federal law regarding the distribution, provision, and sale of RU-486 (mifepristone).
Sec. 3. A person may not prescribe RU-486 (mifepristone) to an individual for the purpose of inducing an abortion or enabling another person to induce an abortion unless the person who prescribes RU-486 (mifepristone) meets the following:
(1) The person is a physician licensed under IC 25-22.5.
(2) The person satisfies all the criteria established by federal law that a physician must meet in order to provide or prescribe RU-486 (mifepristone) for inducing abortions.
Sec. 4. (a) This subsection applies to a physician licensed under IC 25-22.5 who provides or prescribes RU-486 (mifepristone) to an individual for the purpose of inducing an abortion. If the physician is aware or becomes aware that the individual, after use of RU-486:
(1) is hospitalized;
(2) receives a transfusion; or
(A) an incomplete abortion;
(B) severe bleeding;
(C) an adverse reaction; or
(D) any other serious event;
the physician shall report in writing the occurrence to the medical licensing board of Indiana.
(b) The medical licensing board of Indiana shall:
(1) compile the reports described in subsection (a);
(2) omit any personal identifying information from the reports; and
(3) retain the reports received under this section as public records.
Sec. 5. (a) A person who knowingly violates section 3 of this chapter commits a Class D felony. The offense is a Class C felony if the person has a prior unrelated conviction for violating section 3 of this chapter.
(b) In addition to the penalty described in subsection (a), an individual who knowingly violates section 3 of this chapter and is licensed or certified under IC 25 is subject to sanctioning under the
individual's professional license or certificate, including action under IC 25-1-9.