Bill Text: IN SB0328 | 2011 | Regular Session | Introduced
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-Introduced.html
Citations Affected: IC 16-34-2.
Synopsis: Abortion matters and physician privileges. Provides that for
consent to an abortion to be voluntary and informed, a physician must
inform the pregnant woman that there is differing medical evidence
concerning when a fetus feels pain. Provides that notice must be given
to a pregnant woman in writing at least 18 hours before an abortion: (1)
concerning the availability of adoptions and that certain
adoption-related expenses may be borne by the adoptive parents; (2)
concerning physical risks to the woman in having an abortion; (3)
concerning physical risks to the woman for carrying the fetus to term;
and (4) stating that an embryo formed by the fertilization of a human
ovum by a human sperm immediately begins to divide and grow as
human physical life. 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.
Effective: July 1, 2011.
January 10, 2011, read first time and referred to Committee on Health and Provider
Services.
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(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 orally informed the pregnant woman of the following:
(A) The name of the physician performing the abortion.
(B) The nature of the proposed procedure or treatment.
(C) The risks of and alternatives to the procedure or treatment.
(D) The probable gestational age of the fetus, 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) The medical risks associated with carrying the fetus to term.
(F) 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 these services.
(G) That there is differing medical evidence concerning when a fetus feels pain.
(2) At least eighteen (18) hours before the abortion, the pregnant woman will be orally informed of the following:
(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.
(3) At least eighteen (18) hours before the abortion, the pregnant woman will be informed in writing of the following:
(A) That adoption alternatives are available, that there are many couples who are willing and waiting to adopt a child, and that, under certain circumstances, adoptive parents may legally pay costs associated with prenatal care, childbirth, and neonatal care.
(B) That there are physical risks to the woman in having an abortion, both during the abortion procedure and after.
(C) That there are physical risks to the woman for carrying the fetus to term.
(D) That an embryo formed by the fertilization of a human ovum by a human sperm immediately begins to divide and grow as human physical life.
(b) Before an abortion is performed, the pregnant woman may, upon 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) 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.
