Introduced Version






HOUSE BILL No. 1258

_____


DIGEST OF INTRODUCED BILL



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.





Morris




    January 20, 2011, read first time and referred to Committee on Public Health.







Introduced

First Regular Session 117th General Assembly (2011)


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HOUSE BILL No. 1258



    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 16-18-2-126.5; (11)IN1258.1.1. -->     SECTION 1. IC 16-18-2-126.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 126.5. "Federal law", for purposes of IC 16-34-3, has the meaning set forth in IC 16-34-3-1.
SOURCE: IC 16-34-3; (11)IN1258.1.2. -->     SECTION 2. IC 16-34-3 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]:
     Chapter 3. RU-486 (mifepristone)
    Sec. 1. As used in this chapter, "federal law" includes a federal law, rule, or regulation, including a drug approval letter from the federal Food and Drug Administration.
    Sec. 2. This chapter does not apply to the following:
        (1) A pregnant woman who obtains or possesses RU-486 (mifepristone) for the purpose of inducing an abortion to terminate the pregnant woman's own pregnancy.
        (2) The legal transportation of RU-486 (mifepristone) by any person or entity and the legal delivery of RU-486

(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
        (3) experiences:
            (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.