Bill Text: IN SB0328 | 2011 | Regular Session | Amended
Bill Title: Abortion matters and physician privileges.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Engrossed - Dead) 2011-03-28 - First reading: referred to Committee on Public Policy [SB0328 Detail]
Download: Indiana-2011-SB0328-Amended.html
Citations Affected: IC 16-34.
Synopsis: Abortion matters and physician privileges. Specifies
additional information that must be given to a pregnant woman by the
physician in order for consent to an abortion to be voluntary and
informed. Specifies certain notices that must be given to a pregnant
woman in writing at least 18 hours before an abortion. Requires the
state department of health to have specified Internet website links on
the department's website concerning abortion and the fetus. Requires
a physician who performs an abortion to: (1) have admitting privileges
at a hospital in the county or in a county adjacent to the county where
the abortion is performed; and (2) notify the patient of the hospital
location where the patient can receive follow-up care by the physician.
Specifies that a minor who objects to having to obtain the written
consent of her parent or legal guardian or whose parent or legal
guardian refuses to consent to an abortion may file a petition in the
county in which the pregnant woman resides or in which the abortion
is to be performed for a waiver of the parental consent requirement.
Prohibits a physician or a provider of abortion services, a representative
of the physician or provider, or another person that may receive a direct
financial benefit from the performance of an abortion, from filing on
behalf of the minor as next friend, the petition for a waiver of the
parental consent requirement.
Effective: July 1, 2011.
January 10, 2011, read first time and referred to Committee on Health and Provider
Services.
February 10, 2011, amended, reported favorably _ Do Pass.
February 14, 2011, read second time, amended, ordered engrossed.
February 15, 2011, engrossed, returned to second reading.
February 17, 2011, re-read second time, amended, ordered engrossed.
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A BILL FOR AN ACT to amend the Indiana Code concerning
health.
(1) At least eighteen (18) hours before the abortion and in the presence of the pregnant woman, the physician who is to perform the abortion, the referring physician or a physician assistant (as defined in IC 25-27.5-2-10), an advanced practice nurse (as defined in IC 25-23-1-1(b)), or a midwife (as defined in IC 34-18-2-19) to whom the responsibility has been delegated by the physician who is to perform the abortion or the referring physician has
(A) The name of the physician performing the abortion, the
physician's medical license number, and an emergency
telephone number where the physician, or another
physician or nurse designated by the physician, may be
contacted on a twenty-four (24) hour a day, seven (7) day
a week basis.
(B) That follow-up care by the physician, or another
physician or nurse designated by the physician, is available
on an appropriate and timely basis when clinically
necessary.
(B) (C) The nature of the proposed procedure or treatment.
(C) (D) The risks of and alternatives to the procedure, or
treatment. including:
(i) the risk of infection and hemorrhage;
(ii) the potential danger to a subsequent pregnancy;
(iii) the potential danger of infertility; and
(iv) the possibility of increased risk of breast cancer
following an induced abortion and the natural protective
effect of a completed pregnancy in avoiding breast
cancer.
(E) That human physical life begins when a human ovum
is fertilized by a human sperm.
(D) (F) The probable gestational age of the fetus at the time
the abortion is to be performed, including: an offer to
provide:
(i) a picture or drawing of a fetus;
(ii) the dimensions of a fetus; and
(iii) relevant information on the potential survival of an
unborn fetus;
at this stage of development.
(E) (G) The medical risks associated with carrying the fetus to
term.
(F) (H) The availability of fetal ultrasound imaging and
auscultation of fetal heart tone services to enable the pregnant
woman to view the image and hear the heartbeat of the fetus
and how to obtain access to an offer to receive these services.
(I) That medical evidence shows that a fetus may feel pain
at or before twenty (20) weeks of postfertilization age.
(J) That the pregnancy of a child less than fifteen (15)
years of age may constitute child abuse under Indiana law
if the act included an adult and must be reported to the
department of child services or the local law enforcement
agency under IC 31-33-5.
(2) At least eighteen (18) hours before the abortion, the pregnant woman will be
(A) That medical assistance benefits may be available for prenatal care, childbirth, and neonatal care from the county office of the division of family resources.
(B) That the father of the unborn fetus is legally required to assist in the support of the child. In the case of rape, the information required under this clause may be omitted.
(C) That adoption alternatives are available, that there are many couples who are willing and waiting to adopt a child, and that, under certain circumstances,
(D) That there are physical risks to the woman in having an abortion, both during the abortion procedure and after.
(E) That Indiana has enacted the safe haven law under IC 31-34-2.5.
(F) That there is information available on the state department's Internet web site concerning abortion and the fetus and that the state department's Internet web site address will be provided to the pregnant woman by the physician providing the abortion or the physician's designee.
(3) The pregnant woman certifies in writing, before the abortion is performed, that:
(A) the information required by subdivisions (1) and (2) has been provided to the pregnant woman;
(B) the pregnant woman has been offered the opportunity to view the fetal ultrasound imaging and hear the auscultation of the fetal heart tone if the fetal heart tone is audible and that the woman has:
(i) viewed or refused to view the offered fetal ultrasound imaging; and
(ii) listened to or refused to listen to the offered auscultation of the fetal heart tone if the fetal heart tone is audible; and
(C) the pregnant woman has been given by the physician providing the abortion or the physician's designee the state department's Internet web site address to information concerning abortion and the fetus.
the pregnant woman's request, view the fetal ultrasound imaging and
hear the auscultation of the fetal heart tone if the fetal heart tone is
audible.
(1) Internet web site links to information concerning abortion and the fetus, including an Internet web site link to the Texas Department of State Health Services Woman's Right to Know page.
(2) An Internet web site link to the Indiana 211 services partnership Internet web site.
(b) To comply with subsection (a), the state department may provide Internet web site links to information concerning abortion and the fetus that have been developed by other state and federal agencies.
(b) A minor:
(1) who objects to having to obtain the written consent of her parent or legal guardian under this section; or
(2) whose parent or legal guardian refuses to consent to an abortion;
may petition, on her own behalf or by next friend, the juvenile court in the county in which the pregnant woman resides or in which the abortion is to be performed, for a waiver of the parental consent requirement under subsection (a). A next friend may not be a physician or a provider of abortion services, a representative of the physician or provider, or another person that may receive a direct financial benefit from the performance of an abortion.
(c) A physician who feels that compliance with the parental consent requirement in subsection (a) would have an adverse effect on the welfare of the pregnant minor or on her pregnancy may petition the juvenile court within twenty-four (24) hours of the abortion request for a waiver of the parental consent requirement under subsection (a).
(d) The juvenile court must rule on a petition filed by a pregnant minor under subsection (b) or by her physician under subsection (c)
within forty-eight (48) hours of the filing of the petition. Before ruling
on the petition, the court shall consider the concerns expressed by the
pregnant minor and her physician. The requirement of parental consent
under this section shall be waived by the juvenile court if the court
finds that the minor is mature enough to make the abortion decision
independently or that an abortion would be in the minor's best interests.
(e) Unless the juvenile court finds that the pregnant minor is already
represented by an attorney, the juvenile court shall appoint an attorney
to represent the pregnant minor in a waiver proceeding brought by the
minor under subsection (b) and on any appeals. The cost of legal
representation appointed for the minor under this section shall be paid
by the county.
(f) A minor or her physician who desires to appeal an adverse
judgment of the juvenile court in a waiver proceeding under subsection
(b) or (c) is entitled to an expedited appeal, under rules to be adopted
by the supreme court.
(g) All records of the juvenile court and of the supreme court or the
court of appeals that are made as a result of proceedings conducted
under this section are confidential.
(h) A minor who initiates legal proceedings under this section is
exempt from the payment of filing fees.
(i) This section shall not apply where there is an emergency need for
a medical procedure to be performed such that continuation of the
pregnancy provides an immediate threat and grave risk to the life or
health of the pregnant woman and the attending physician so certifies
in writing.
(1) in the county; or
(2) in a county adjacent to the county;
in which the abortion is performed.
(b) A physician who performs an abortion shall notify the patient of the location of the hospital at which the physician has privileges and where the patient may receive follow-up care by the physician if complications arise.
