SOURCE: IC 16-18-2-100.5; (13)IN0183.1.1. -->
SECTION 1. IC 16-18-2-100.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 100.5. "Down syndrome", for
purposes of IC 16-34-3, has the meaning set forth in IC 16-34-3-1.
SOURCE: IC 16-18-2-148.2; (13)IN0183.1.2. -->
SECTION 2. IC 16-18-2-148.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 148.2. "Genetic abnormality", for
purposes of IC 16-34-3, has the meaning set forth in IC 16-34-3-2.
SOURCE: IC 16-18-2-328.3; (13)IN0183.1.3. -->
SECTION 3. IC 16-18-2-328.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 328.3. "Sex-selective abortion",
for purposes of IC 16-34-3, has the meaning set forth in
IC 16-34-3-3.
SOURCE: IC 16-34-2-1; (13)IN0183.1.4. -->
SECTION 4. IC 16-34-2-1, AS AMENDED BY P.L.193-2011,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. (a) Abortion shall in all instances be a criminal
act, except when performed under the following circumstances:
(1) Except as prohibited in IC 16-34-3, during the first trimester
of pregnancy for reasons based upon the professional, medical
judgment of the pregnant woman's physician if:
(A) the abortion is performed by the physician;
(B) the woman submitting to the abortion has filed her consent
with her physician. However, if in the judgment of the
physician the abortion is necessary to preserve the life of the
woman, her consent is not required; and
(C) the woman submitting to the abortion has filed with her
physician the written consent of her parent or legal guardian
if required under section 4 of this chapter.
(2) Except as prohibited in IC 16-34-3, after the first trimester
of pregnancy and before the earlier of viability of the fetus or
twenty (20) weeks of postfertilization age, for reasons based upon
the professional, medical judgment of the pregnant woman's
physician if:
(A) all the circumstances and provisions required for legal
abortion during the first trimester are present and adhered to;
and
(B) the abortion is performed in a hospital or ambulatory
outpatient surgical center (as defined in IC 16-18-2-14).
(3) Except as provided in subsection (b) or as prohibited in
IC 16-34-3, at the earlier of viability of the fetus or twenty (20)
weeks of postfertilization age and any time after, for reasons
based upon the professional, medical judgment of the pregnant
woman's physician if:
(A) all the circumstances and provisions required for legal
abortion before the earlier of viability of the fetus or twenty
(20) weeks of postfertilization age are present and adhered to;
(B) the abortion is performed in compliance with section 3 of
this chapter; and
(C) before the abortion the attending physician shall certify in
writing to the hospital in which the abortion is to be
performed, that in the attending physician's professional,
medical judgment, after proper examination and review of the
woman's history, the abortion is necessary to prevent a
substantial permanent impairment of the life or physical health
of the pregnant woman. All facts and reasons supporting the
certification shall be set forth by the physician in writing and
attached to the certificate.
(b) A person may not knowingly or intentionally perform a partial
birth abortion unless a physician reasonably believes that:
(1) performing the partial birth abortion is necessary to save the
mother's life; and
(2) no other medical procedure is sufficient to save the mother's
life.
SOURCE: IC 16-34-3; (13)IN0183.1.5. -->
SECTION 5. IC 16-34-3 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]:
Chapter 3. Sex-Selective and Genetic Abnormality Abortion
Ban
Sec. 1. As used in this chapter, "Down syndrome" means a
chromosomal disorder associated with an extra chromosome 21 or
an effective trisomy for chromosome 21.
Sec. 2. As used in this chapter, "genetic abnormality" means
any disease, defect, or disorder that is genetically inherited. The
term includes the following:
(1) A physical disability.
(2) A mental disability or retardation.
(3) A physical disfigurement.
(4) Scoliosis.
(5) Dwarfism.
(6) Down syndrome.
(7) Albinism.
(8) Amelia.
(9) A physical or mental abnormality or disease.
Sec. 3. As used in this chapter, "sex-selective abortion" means
an abortion that is performed solely because of the gender of the
fetus.
Sec. 4. (a) A person may not intentionally perform or attempt to
perform an abortion before the earlier of viability of the fetus or
twenty (20) weeks of postfertilization age if the person knows that
the pregnant woman is seeking a sex-selective abortion.
(b) A person may not intentionally perform or attempt to
perform an abortion after viability or twenty (20) weeks of
postfertilization if the person knows that the pregnant woman is
seeking a sex-selective abortion.
(c) This section is severable as specified in IC 1-1-1-8.
Sec. 5. (a) A person may not intentionally perform or attempt to
perform an abortion before the earlier of viability of the fetus or
twenty (20) weeks of postfertilization age if the person knows that
the pregnant woman is seeking the abortion solely because the
fetus has been diagnosed with Down syndrome or a potential for
Down syndrome.
(b) A person may not intentionally perform or attempt to
perform an abortion after viability or twenty (20) weeks of
postfertilization if the person knows that the pregnant woman is
seeking the abortion solely because the fetus has been diagnosed
with Down syndrome or a potential for Down syndrome.
(c) This section is severable as specified in IC 1-1-1-8.
Sec. 6. (a) A person may not intentionally perform or attempt to
perform an abortion before the earlier of viability of the fetus or
twenty (20) weeks of postfertilization age if the person knows that
the pregnant woman is seeking the abortion solely because the
fetus has been diagnosed with a genetic abnormality or a potential
for a genetic abnormality.
(b) A person may not intentionally perform or attempt to
perform an abortion after viability or twenty (20) weeks of
postfertilization if the person knows that the pregnant woman is
seeking the abortion solely because the fetus has been diagnosed
with a genetic abnormality or a potential for a genetic abnormality.
(c) This section is severable as specified in IC 1-1-1-8.
Sec. 7. (a) A person who knowingly or intentionally performs an
abortion in violation of this chapter commits a Class C felony.
(b) In addition to the criminal penalty under subsection (a), a
person who violates this chapter may be subject to:
(1) disciplinary sanctions under IC 25-1-9; and
(2) civil liability for wrongful death and medical malpractice.
(c) A pregnant woman upon whom an abortion is performed in
violation of this chapter may not be prosecuted for violating or
conspiring to violate this chapter.
Sec. 8. Any records that are made as a result of proceedings
conducted under section 7 of this chapter are confidential.
SOURCE: IC 35-51-16-1; (13)IN0183.1.6. -->
SECTION 6. IC 35-51-16-1, AS ADDED BY P.L.70-2011,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. The following statutes define crimes in IC 16:
IC 16-19-12-1 (Concerning the state department of health).
IC 16-20-9-1 (Concerning local health departments).
IC 16-21-2-2.5 (Concerning licensure of hospitals).
IC 16-21-5-3 (Concerning licensure of hospitals).
IC 16-21-6-12 (Concerning hospital financial disclosure law).
IC 16-21-7-5 (Concerning hospitals).
IC 16-25-5-8 (Concerning hospices).
IC 16-25-6-1 (Concerning hospices).
IC 16-27-1-15 (Concerning home health agencies).
IC 16-27-2-3 (Concerning home health agencies).
IC 16-27-4-23 (Concerning home health agencies).
IC 16-28-7-5 (Concerning monitors).
IC 16-28-9-3 (Concerning monitors).
IC 16-28-9-4 (Concerning monitors).
IC 16-28-9-5 (Concerning monitors).
IC 16-30-5-1 (Concerning health planning).
IC 16-31-3-16 (Concerning emergency medical services).
IC 16-31-3-22 (Concerning emergency medical services).
IC 16-31-10-2 (Concerning emergency medical services).
IC 16-34-2-5 (Concerning abortion).
IC 16-34-2-6 (Concerning abortion).
IC 16-34-2-7 (Concerning abortion).
IC 16-34-3-7 (Concerning abortion).
IC 16-36-4-15 (Concerning medical consent).
IC 16-36-4-16 (Concerning medical consent).
IC 16-36-5-27 (Concerning medical consent).
IC 16-36-5-28 (Concerning medical consent).
IC 16-37-1-12 (Concerning vital statistics).
IC 16-37-1-13 (Concerning vital statistics).
IC 16-37-2-2.1 (Concerning vital statistics).
IC 16-37-2-19 (Concerning vital statistics).
IC 16-37-3-16 (Concerning vital statistics).
IC 16-38-5-4 (Concerning health registries).
IC 16-39-7.1-3 (Concerning health records).
IC 16-39-7.1-6 (Concerning health records).
IC 16-41-1-3 (Concerning communicable diseases).
IC 16-41-2-9 (Concerning communicable diseases).
IC 16-41-3-3 (Concerning communicable diseases).
IC 16-41-4-3 (Concerning communicable diseases).
IC 16-41-5-3 (Concerning communicable diseases).
IC 16-41-6-3 (Concerning communicable diseases).
IC 16-41-7-5 (Concerning communicable diseases).
IC 16-41-8-1 (Concerning communicable diseases).
IC 16-41-8-3 (Concerning communicable diseases).
IC 16-41-8-5 (Concerning communicable diseases).
IC 16-41-9-1.5 (Concerning communicable diseases).
IC 16-41-10-5 (Concerning communicable diseases).
IC 16-41-10-7 (Concerning communicable diseases).
IC 16-41-12-13 (Concerning communicable diseases).
IC 16-41-12-14 (Concerning communicable diseases).
IC 16-41-12-15 (Concerning communicable diseases).
IC 16-41-13-3 (Concerning communicable diseases).
IC 16-41-13-4 (Concerning communicable diseases).
IC 16-41-13-6 (Concerning communicable diseases).
IC 16-41-14-13 (Concerning communicable diseases).
IC 16-41-14-15 (Concerning communicable diseases).
IC 16-41-14-16 (Concerning communicable diseases).
IC 16-41-14-17 (Concerning communicable diseases).
IC 16-41-14-20 (Concerning communicable diseases).
IC 16-41-15-18 (Concerning communicable diseases).
IC 16-41-16-11 (Concerning communicable diseases).
IC 16-41-18-6 (Concerning prevention and treatment programs).
IC 16-41-19-10 (Concerning prevention and treatment programs).
IC 16-41-20-13 (Concerning health, sanitation, and safety).
IC 16-41-21-18 (Concerning health, sanitation, and safety).
IC 16-41-21-19 (Concerning health, sanitation, and safety).
IC 16-41-22-21 (Concerning health, sanitation, and safety).
IC 16-41-22-22 (Concerning health, sanitation, and safety).
IC 16-41-23-4 (Concerning health, sanitation, and safety).
IC 16-41-24-11 (Concerning health, sanitation, and safety).
IC 16-41-25-2 (Concerning health, sanitation, and safety).
IC 16-41-27-34 (Concerning health, sanitation, and safety).
IC 16-41-29-5 (Concerning regulation of lodging facilities and
bedding materials).
IC 16-41-32-30 (Concerning regulation of lodging facilities and
bedding materials).
IC 16-41-33-9 (Concerning pest control).
IC 16-41-34-8 (Concerning pest control).
IC 16-41-35-40 (Concerning radiation).
IC 16-41-38-10 (Concerning radon gas).
IC 16-42-1-16 (Concerning Uniform Food, Drug, and Cosmetic
Act).
IC 16-42-1-34 (Concerning Uniform Food, Drug, and Cosmetic
Act).
IC 16-42-2-8 (Concerning Uniform Food, Drug, and Cosmetic
Act).
IC 16-42-2-9 (Concerning Uniform Food, Drug, and Cosmetic
Act).
IC 16-42-3-12 (Concerning Uniform Food, Drug, and Cosmetic
Act).
IC 16-42-4-5 (Concerning Uniform Food, Drug, and Cosmetic
Act).
IC 16-42-5-26 (Concerning sanitary requirements for food
establishments).
IC 16-42-5-27 (Concerning sanitary requirements for food
establishments).
IC 16-42-10-13 (Concerning food).
IC 16-42-18-7 (Concerning food).
IC 16-42-19-27 (Concerning the Indiana Legend Drug Act).
IC 16-42-21-4 (Concerning the Indiana Legend Drug Act).
IC 16-44-1-1 (Concerning product labeling and inspection).
IC 16-44-2-22 (Concerning product labeling and inspection).
IC 16-46-6-12 (Concerning state health grants and programs).