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HOUSE BILL No. 1392

Citations Affected: IC 16-18-2-14 ; IC 16-34-2-1.

Synopsis: Requirements for performance of abortions. Requires a first trimester abortion performed by surgical means to be performed in an ambulatory outpatient surgical center or a hospital.

Effective: July 1, 2003.

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Bischoff

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    January 14, 2003, read first time and referred to Committee on Public Health.

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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 2002 Regular or Special Session of the General Assembly.

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    A BILL FOR AN ACT to amend the Indiana Code concerning health.

SOURCE: IC 16-18-2-14; (03)IN1392.1.1. -->     SECTION 1. IC 16-18-2-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 14. "Ambulatory outpatient surgical center", for purposes of IC 16-21 and IC 16-34-2-1 , means a public or private institution that meets the following conditions:
        (1) Is established, equipped, and operated primarily for the purpose of performing surgical procedures and services.
        (2) Is operated under the supervision of at least one (1) licensed physician or under the supervision of the governing board of the hospital if the center is affiliated with a hospital.
        (3) Permits a surgical procedure to be performed only by a physician, dentist, or podiatrist who meets the following conditions:
            (A) Is qualified by education and training to perform the surgical procedure.
            (B) Is legally authorized to perform the procedure.
            (C) Is privileged to perform surgical procedures in at least one

(1) hospital within the county or an Indiana county adjacent to the county in which the ambulatory outpatient surgical center is located.
            (D) Is admitted to the open staff of the ambulatory outpatient surgical center.
        (4) Requires that a licensed physician with specialized training or experience in the administration of an anesthetic supervise the administration of the anesthetic to a patient and remain present in the facility during the surgical procedure, except when only a local infiltration anesthetic is administered.
        (5) Provides at least one (1) operating room and, if anesthetics other than local infiltration anesthetics are administered, at least one (1) postanesthesia recovery room.
        (6) Is equipped to perform diagnostic x-ray and laboratory examinations required in connection with any surgery performed.
        (7) Does not provide accommodations for patient stays of longer than twenty-four (24) hours.
        (8) Provides full-time services of registered and licensed nurses for the professional care of the patients in the postanesthesia recovery room.
        (9) Has available the necessary equipment and trained personnel to handle foreseeable emergencies such as a defibrillator for cardiac arrest, a tracheotomy set for airway obstructions, and a blood bank or other blood supply.
        (10) Maintains a written agreement with at least one (1) hospital for immediate acceptance of patients who develop complications or require postoperative confinement.
        (11) Provides for the periodic review of the center and the center's operations by a committee of at least three (3) licensed physicians having no financial connections with the center.
        (12) Maintains adequate medical records for each patient.
        (13) Meets all additional minimum requirements as established by the state department for building and equipment requirements.
        (14) Meets the rules and other requirements established by the state department for the health, safety, and welfare of the patients.

SOURCE: IC 16-34-2-1; (03)IN1392.1.2. -->     SECTION 2. IC 16-34-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1. (a) Abortion shall in all instances be a criminal act, except when performed under the following circumstances:
        (1) During the first trimester of pregnancy for reasons based upon the professional, medical judgment of the pregnant woman's physician if:

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            (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; and
            (D) the abortion is performed in an ambulatory outpatient surgical center or a hospital if the abortion is performed by surgical means.
        (2) After the first trimester of pregnancy and before viability, 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), after viability of the fetus 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 viability 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.