February 18, 2005
SENATE BILL No. 76
DIGEST OF SB 76
(Updated February 16, 2005 2:32 pm - DI 104)
Citations Affected: IC 16-34.
Synopsis: Abortion requirements. Requires a health care provider to
provide a pregnant woman with information regarding the availability
of ultrasound imaging and auscultation of heart tones of a fetus before
performing an abortion on the pregnant woman. Allows a pregnant
woman to view the fetal ultrasound imaging and hear the auscultation
of the fetal heart tone before an abortion is performed.
Effective: July 1, 2005.
Young R Michael, Miller, Steele
January 4, 2005, read first time and referred to Committee on Health and Provider
February 17, 2005, amended, reported favorably _ Do Pass.
February 18, 2005
First Regular Session 114th General Assembly (2005)
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SENATE BILL No. 76
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 16-34-2-1.1; (05)SB0076.1.1. -->
SECTION 1. IC 16-34-2-1.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1.1. (a)
shall not be performed except with the voluntary and informed consent
of the pregnant woman upon whom the abortion is to be performed.
Except in the case of a medical emergency, consent to an abortion is
voluntary and informed only if the following conditions are met:
(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
(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
at this stage of development.
(E) The medical risks associated with carrying the fetus to
(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.
(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 family and children.
(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, view the fetal ultrasound
imaging and hear the auscultation of the fetal heart tone if the fetal
heart tone is audible.