Bill Text: IN HB1210 | 2011 | Regular Session | Introduced
Bill Title: Abortion matters.
Spectrum: Moderate Partisan Bill (Republican 49-6)
Status: (Passed) 2011-05-16 - SECTIONS 2 through 16 effective 07/01/2011 [HB1210 Detail]
Download: Indiana-2011-HB1210-Introduced.html
Citations Affected: IC 16-34; IC 27-8-33.
Synopsis: Various abortion matters. Provides that for consent to an
abortion to be voluntary and informed, a physician must inform the
pregnant woman that the fetus might feel pain. Requires a pregnant
woman seeking an abortion to view fetal ultrasound imaging unless the
pregnant woman states in writing that the pregnant woman does not
want to view the fetal ultrasound imaging. 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. Prohibits qualified
health plans under the federal health care reform law from providing
coverage for abortion.
Effective: July 1, 2011.
January 12, 2011, read first time and referred to Committee on Public Health.
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
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.
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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 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 the fetus might feel 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.
(C) That adoption alternatives are available and that adoptive
parents may legally pay the costs of prenatal care, childbirth,
and neonatal care.
(3) The pregnant woman certifies in writing, before the abortion
is performed, that the information required by subdivisions (1)
and (2) has been provided.
(b) Before an abortion is performed, the pregnant woman may, upon
the pregnant woman's request, shall view the fetal ultrasound imaging
and hear the auscultation of the fetal heart tone if the fetal heart tone is
audible unless the pregnant woman certifies in writing, before the
abortion is performed, that the pregnant woman does not want to
view the fetal ultrasound imaging.
(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.
Chapter 33. Health Care Exchanges and Abortion
Sec. 1. As used in this chapter, "abortion" means the termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus.
Sec. 2. As used in this chapter, "federal Patient Protection and Affordable Care Act" includes amendments made by the federal Health Care and Education Reconciliation Act of 2010 (P.L. 111-152).
Sec. 3. As used in this chapter, "qualified health plan" has the meaning set forth in Section 1301 of the federal Patient Protection and Affordable Care Act (P.L. 111-148).
Sec. 4. A qualified health plan offered under Subtitle D of Title 1 of the federal Patient Protection and Affordable Care Act may not provide coverage for abortion.
