Reprinted
March 30, 2011
HOUSE BILL No. 1210
_____
DIGEST OF HB 1210
(Updated March 29, 2011 1:00 pm - DI 104)
Citations Affected: IC 12-7; IC 12-15; IC 12-16; IC 16-18; IC 16-34;
IC 27-8; noncode.
Synopsis: Breast cancer screening and various abortion matters.
Allows funds from the Indiana check-up plan trust fund to be used to
provide payment for breast and cervical cancer screening services.
(Continued next page)
Turner, Cheatham, Culver, Burton,
Cherry, Davis, Davisson, Dembowski,
Bacon, Battles, Behning, Clere, Borders,
Bosma, Dodge, Ellspermann, Espich, Foley,
Friend, Frizzell, Frye R, Goodin, Gutwein,
Heaton, Heuer, Hinkle, Karickhoff,
Knollman, Koch, Kubacki, Lehe, Lehman,
Lutz, Mahan, McClain, McMillin,
Messmer, Morris, Neese, Noe, Pond,
Rhoads, Smith M, Soliday, Speedy,
Steuerwald, Thompson, Truitt, Ubelhor,
VanNatter, Welch, Wesco, Wolkins, Yarde
January 12, 2011, read first time and referred to Committee on Public Health.
February 3, 2011, reassigned to Committee on Public Policy.
February 17, 2011, amended, reported _ Do Pass.
March 28, 2011, read second time; call withdrawn.
March 29, 2011, re-read second time, amended, ordered engrossed.
Digest Continued
Establishes the breast and cervical cancer screening services program
to be administered by the office of the secretary of family and social
services and appropriates funds. States public policy findings
concerning a fetus feeling pain and a compelling state interest in
protecting the fetus. Sets requirements for performing an abortion after
the first trimester but before the earlier of viability of the fetus or 20
weeks of postfertilization age of the fetus (current law requirements are
based on viability of the fetus). Requires that a physician determine the
postfertilization age of a fetus before performing an abortion, and
allows for the discipline of a physician who fails to do this in certain
circumstances. Adds information that a pregnant woman must be
informed of orally and in writing (current law requires that the
information be given only orally) before an abortion may be performed
concerning the physician, risks involved, information concerning the
fetus, available assistance, and existing law. 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 contiguous county to the county where the abortion
is performed; or (2) enter into an agreement with a physician who has
admitting privileges in the county or contiguous county; and notify the
patient of the hospital location where the patient can receive follow-up
care by the physician. Requires the state department of health to
develop materials to be provided to a pregnant woman setting forth
certain information and to post the materials on the state department's
web site. Creates a cause of action for a pregnant woman or the
biological father of the fetus for actual and punitive damages if a
physician recklessly, knowingly, or intentionally performs or attempts
to perform an abortion in violation of the law. Provides for injunctive
relief for specified individuals against a physician to prevent the
physician from performing further abortions that violate the law.
Creates the special litigation defense fund to provide reimbursement of
the costs and expenses incurred by the attorney general in defending
the constitutionality of this act or to pay damages to a successful
plaintiff, and continuously appropriates the fund. Specifies
enforcement of law during a temporary or permanent restraining order.
Provides for severability of provisions if a court determines that any of
the law is unconstitutional, and specifies prior law returns to effect if
the amended law is found by the court to be unconstitutional. Prohibits
qualified health plans under the federal health care reform law from
providing coverage for abortion.
Reprinted
March 30, 2011
First Regular Session 117th General Assembly (2011)
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 2010 Regular Session of the General Assembly.
HOUSE BILL No. 1210
A BILL FOR AN ACT to amend the Indiana Code concerning
health and to make an appropriation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 12-7-2-23.4; (11)HB1210.2.1. -->
SECTION 1. IC 12-7-2-23.4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 23.4. "Breast cancer diagnostic service", for purposes
of IC 12-16-18, has the meaning set forth in IC 12-16-18-1.
SOURCE: IC 12-7-2-23.6; (11)HB1210.2.2. -->
SECTION 2. IC 12-7-2-23.6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 23.6. "Breast cancer screening mammography", for
purposes of IC 12-16-18, has the meaning set forth in
IC 12-16-18-2.
SOURCE: IC 12-15-44.2-17; (11)HB1210.2.3. -->
SECTION 3. IC 12-15-44.2-17, AS ADDED BY P.L.3-2008,
SECTION 98, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 17. (a) The Indiana check-up plan trust fund is
established for the following purposes:
(1) Administering a plan created by the general assembly to
provide health insurance coverage for low income residents of
Indiana under this chapter.
(2) Providing copayments, preventative care services, and
premiums for individuals enrolled in the plan.
(3) Funding tobacco use prevention and cessation programs,
childhood immunization programs, and other health care
initiatives designed to promote the general health and well being
of Indiana residents.
(4) Providing payment for health care providers who provide
screening service for breast and cervical cancer to uninsured
women under IC 12-16-18.
The fund is separate from the state general fund.
(b) The fund shall be administered by the office of the secretary of
family and social services.
(c) The expenses of administering the fund shall be paid from
money in the fund.
(d) The fund shall consist of the following:
(1) Cigarette tax revenues designated by the general assembly to
be part of the fund.
(2) Other funds designated by the general assembly to be part of
the fund.
(3) Federal funds available for the purposes of the fund.
(4) Gifts or donations to the fund.
(e) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(f) Money must be appropriated before funds are available for use.
(g) Money in the fund does not revert to the state general fund at the
end of any fiscal year.
(h) The fund is considered a trust fund for purposes of IC 4-9.1-1-7.
Money may not be transferred, assigned, or otherwise removed from
the fund by the state board of finance, the budget agency, or any other
state agency.
SOURCE: IC 12-16-18; (11)HB1210.2.4. -->
SECTION 4. IC 12-16-18 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]:
Chapter 18. Breast and Cervical Cancer Screening Services
Program
Sec. 1. As used in this chapter, "breast cancer diagnostic
service" means a procedure intended to aid in the diagnosis of
breast cancer. The term includes procedures performed on an
inpatient basis and procedures performed on an outpatient basis,
including the following:
(1) Breast cancer screening mammography.
(2) Surgical breast biopsy.
(3) Pathologic examination and interpretation.
Sec. 2. As used in this chapter, "breast cancer screening
mammography" means a standard, two (2) view per breast, low
dose radiographic examination of the breasts that is:
(1) furnished to an asymptomatic woman; and
(2) performed by a mammography services provider using
equipment designed by the manufacturer for and dedicated
specifically to mammography in order to detect unsuspected
breast cancer.
The term includes the interpretation of the results of a breast
cancer screening mammography by a physician.
Sec. 3. (a) The breast and cervical cancer screening services
program is established.
(b) The office of the secretary shall administer the program.
Sec. 4. A woman who:
(1) is at least thirty-five (35) years of age; and
(2) does not have a public or private third party payment
source;
is eligible to participate in the program.
Sec. 5. (a) An individual or facility health care provider that is
either:
(1) a mammography services provider that:
(A) has been accredited by the American College of
Radiology;
(B) meets equivalent guidelines established by the state
department of health; or
(C) is certified by the federal Department of Health and
Human Services for participation in the Medicare
program (42 U.S.C. 1395 et seq.); or
(2) a provider of screening tests to detect cervical cancer;
is qualified to receive reimbursement for breast cancer diagnostic
services, breast cancer screening mammographies, and cervical
cancer screening services provided to an individual described in
section 4 of this chapter.
(b) The office shall reimburse a provider described in subsection
(a) at the federal Medicare reimbursement rate from the Indiana
check-up plan trust fund.
Sec. 6. The office of the secretary may adopt rules under
IC 4-22-2 necessary to administer this chapter.
SOURCE: IC 16-18-2-128.3; (11)HB1210.2.5. -->
SECTION 5. IC 16-18-2-128.3 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 128.3. "Fertilization", for
purposes of IC 16-34, means the fusion of a human spermatozoon
with a human ovum.
SOURCE: IC 16-18-2-287.5; (11)HB1210.2.6. -->
SECTION 6. IC 16-18-2-287.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 287.5. "Postfertilization age", for
purposes of IC 16-34, means the age of the fetus calculated from
the date of the fertilization of the ovum.
SOURCE: IC 16-34-1-8; (11)HB1210.2.7. -->
SECTION 7. IC 16-34-1-8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 8. A qualified health plan (as defined in IC 27-8-33-3)
offered under Subtitle D of Title 1 of the federal Patient Protection
and Affordable Care Act (P.L. 111-148) may not provide coverage
for abortion.
SOURCE: IC 16-34-1-9; (11)HB1210.2.8. -->
SECTION 8. IC 16-34-1-9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 9. (a) The general assembly finds the following:
(1) There is substantial medical evidence that a fetus at twenty
(20) weeks of postfertilization age has the physical structures
necessary to experience pain.
(2) There is substantial medical evidence that a fetus of at
least twenty (20) weeks of postfertilization age seeks to evade
certain stimuli in a manner similar to an infant's or adult's
response to pain.
(3) Anesthesia is routinely administered to a fetus of at least
twenty (20) weeks of postfertilization age when prenatal
surgery is performed.
(4) A fetus has been observed to exhibit hormonal stress
responses to painful stimuli earlier than at twenty (20) weeks
of postfertilization age.
(b) Indiana asserts a compelling state interest in protecting the
life of a fetus from the state at which substantial medical evidence
indicates that the fetus is capable of feeling pain.
SOURCE: IC 16-34-2-0.5; (11)HB1210.2.9. -->
SECTION 9. IC 16-34-2-0.5 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]:
Sec 0.5. A medical emergency, for purposes of this
chapter, does not include a patient's claim or diagnosis that the
patient would engage in conduct that would result in the patient's
death or substantial physical impairment. Under the circumstances
described in this section and unless the following would pose a
great risk of death or substantial physical impairment of the
patient, the physician shall terminate the patient's pregnancy in a
manner that, in a physician's reasonable medical judgment, would
result in the best opportunity for the fetus to survive.
SOURCE: IC 16-34-2-1; (11)HB1210.2.10. -->
SECTION 10. IC 16-34-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: 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:
(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.
(2) After the first trimester of pregnancy and before
the earlier of
viability
of the fetus or twenty (20) weeks of postfertilization
age, 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),
at the earlier of
viability of the fetus or twenty (20) weeks of postfertilization
age and any time 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
the earlier of viability
of the fetus or twenty
(20) weeks of postfertilization age 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.
SOURCE: IC 16-34-2-1.1; (11)HB1210.2.11. -->
SECTION 11. IC 16-34-2-1.1, AS AMENDED BY P.L.44-2009,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 1.1. (a) An abortion 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
orally and in
writing of the following:
(A) The name of the physician performing the abortion,
the
physician's medical license number, and an emergency
telephone number where the physician or the physician's
designee 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 the physician's
designee 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.
(G) That medical evidence shows that a fetus can feel pain
at or before twenty (20) weeks of postfertilization age.
(E) (H) The medical risks associated with carrying the fetus to
term.
(F) (I) 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.
(J) That the pregnancy of a child less than fifteen (15)
years of age may constitute child abuse under Indiana law
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 orally informed orally and in writing 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.
(D) That there are physical risks to the pregnant 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 materials developed by the state department in
section 1.5 of this chapter:
(i) will be provided to the pregnant woman by the
physician providing the abortion as a hard copy;
(ii) are available on the state department's Internet web
site;
(iii) provide scientific information about the unborn
child; and
(iv) list agencies in the area that offer alternatives to
abortion, including agencies that offer alternatives to
abortion at no cost to the pregnant woman.
(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 a written copy of
the printed materials described in section 1.5 of this
chapter.
(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.
SOURCE: IC 16-34-2-1.5; (11)HB1210.2.12. -->
SECTION 12. IC 16-34-2-1.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 1.5. (a) The state department
shall develop and post the materials described in this section on the
state department's Internet web site.
(b) The state department shall develop materials that include
the following:
(1) Objective scientific information concerning the probable
anatomical and physiological characteristics of a fetus every
two (2) weeks of gestational age, including the following:
(A) Realistic pictures in color for each age of the fetus,
including the dimensions of the fetus.
(B) Whether there is any possibility of the fetus surviving
outside the womb.
(2) Information concerning the medical risks associated with
each abortion procedure, including the following when
medically accurate:
(A) The risks of infection and hemorrhaging.
(B) The potential danger:
(i) to a subsequent pregnancy; or
(ii) of infertility.
(C) 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.
(3) Information concerning the medical risks associated with
carrying the child to term.
(4) Information that medical assistance benefits may be
available for prenatal care, childbirth, and neonatal care.
(5) Information that the biological father is liable for
assistance in support of the child, regardless of whether the
biological father has offered to pay for an abortion.
(6) A list of public and private agencies that provide
assistance to women throughout pregnancy, childbirth, and a
child's dependency. For purposes of this subdivision,
"assistance" includes pregnancy prevention counseling and
medical referrals for obtaining pregnancy prevention
medications or devices. The list must include the following:
(A) Geographically indexed materials to allow a pregnant
woman to find the services available near the pregnant
woman's residence.
(B) Identification of services that are provided at no cost to
the pregnant woman.
(C) The following information about each adoption agency
in Indiana:
(i) A description of the services provided by the agency.
(ii) Contact information for the adoption agency,
including the agency's telephone number.
(D) Information regarding telephone 211 dialing code
services for accessing human services as described in
IC 8-1-19.5, and the types of services that are available
through this service.
(c) In complying with subsection (b)(6)(C), the state department
shall consult with the recognized 211 service providers and the
Indiana utility regulatory commission as required by IC 8-1-19.5-9.
SOURCE: IC 16-34-2-2; (11)HB1210.2.13. -->
SECTION 13. IC 16-34-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. (a) It shall be the
responsibility of the attending physician to do the following:
(1) Determine in accordance with accepted medical standards the
postfertilization age of the fetus and which trimester the
pregnant woman receiving the abortion is in.
(2) Determine whether the fetus is viable.
(3) Certify that determination as part of any written reports
required of the attending physician by the state department or the
facility in which the abortion is performed.
(b) In making a determination under this section of the
postfertilization age of the fetus, the attending physician shall do
the following:
(1) Question the patient concerning the date of fertilization.
(2) Perform or cause to be performed medical examinations
and tests that a reasonably prudent physician would conduct
to accurately diagnose the postfertilization age of the fetus.
(c) Except in the case of a medical emergency (as described in
section 0.5 of this chapter), a physician that violates this section is
subject to disciplinary action under IC 25-1-9.
SOURCE: IC 16-34-2-3; (11)HB1210.2.14. -->
SECTION 14. IC 16-34-2-3, AS AMENDED BY P.L.146-2008,
SECTION 445, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 3. (a) All abortions performed
after
on and after the earlier of the time a fetus is viable
or the time the
postfertilization age of the fetus is at least twenty (20) weeks shall
be:
(1) governed by section 1(a)(3) and 1(b) of this chapter;
(2) performed in a hospital having premature birth intensive care
units, unless compliance with this requirement would result in an
increased risk to the life or health of the mother; and
(3) performed in the presence of a second physician as provided
in subsection (b).
(b) An abortion may be performed after
the earlier of the time a
fetus is viable
or the time the postfertilization age of the fetus is at
least twenty (20) weeks only if there is in attendance a physician,
other than the physician performing the abortion, who shall take control
of and provide immediate care for a child born alive as a result of the
abortion. During the performance of the abortion, the physician
performing the abortion, and after the abortion, the physician required
by this subsection to be in attendance, shall take all reasonable steps in
keeping with good medical practice, consistent with the procedure
used, to preserve the life and health of the viable unborn child.
However, this subsection does not apply if compliance would result in
an increased risk to the life or health of the mother.
(c) Any fetus born alive shall be treated as a person under the law,
and a birth certificate shall be issued certifying the child's birth even
though the child may subsequently die, in which event a death
certificate shall be issued. Failure to take all reasonable steps, in
keeping with good medical practice, to preserve the life and health of
the live born person shall subject the responsible persons to Indiana
laws governing homicide, manslaughter, and civil liability for wrongful
death and medical malpractice.
(d) If, before the abortion, the mother, and if married, her husband,
has or have stated in writing that she does or they do not wish to keep
the child in the event that the abortion results in a live birth, and this
writing is not retracted before the abortion, the child, if born alive, shall
immediately upon birth become a ward of the department of child
services.
SOURCE: IC 16-34-2-4.5; (11)HB1210.2.15. -->
SECTION 15. IC 16-34-2-4.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 4.5. (a) A physician may not
perform an abortion unless the physician:
(1) has admitting privileges at a hospital located in the county
where abortions are provided or a contiguous county; or
(2) has entered into an agreement with a physician who has
admitting privileges at a hospital in the county or contiguous
county concerning the management of possible complications
of the services provided.
(b) A physician who performs an abortion shall notify the
patient of the location of the hospital at which the physician or a
physician with whom the physician has entered into an agreement
under subsection (a)(2) has admitting privileges and where the
patient may receive follow-up care by the physician if
complications arise.
SOURCE: IC 16-34-2-5; (11)HB1210.2.16. -->
SECTION 16. IC 16-34-2-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5. (a) Every medical
facility where abortions may be performed shall be supplied with forms
drafted by the state department, the purpose and function of which shall
be the improvement of maternal health and life through the compilation
of relevant maternal life and health factors and data, and a further
purpose and function shall be to monitor all abortions performed in
Indiana to assure the abortions are done only under the authorized
provisions of the law. Such forms shall include, among other things, the
following:
(1) The age of the woman who is aborted.
(2) The place where the abortion is performed.
(3) The full name and address of the physicians performing the
abortion.
(4) The name of the father if known.
(5) The postfertilization age of the fetus, the manner in which
the postfertilization age was determined, and if after the
earlier of the time the fetus obtains viability or the time the
postfertilization age of the fetus is at least twenty (20) weeks,
the medical reason for the abortion.
(6) The medical procedure employed to administer the abortion,
and if the medical procedure performed on a fetus who is
viable or has a postfertilization age of at least twenty (20)
weeks:
(A) whether the method of abortion used was a method,
that in the reasonable judgment of a physician, would
provide the best opportunity for the fetus to survive; and
(B) the basis for the determination that the pregnant
woman had a condition described in this chapter that
required the abortion to avert the death of or serious
impairment to the pregnant woman.
(7) The mother's obstetrical history, including dates of other
abortions, if any.
(8) The results of pathological examinations if performed.
(9) Information as to whether the fetus was delivered alive.
(10) Records of all maternal deaths occurring within the health
facility where the abortion was performed.
(b) The form provided for in subsection (a) shall be completed by
the physician performing the abortion and shall be transmitted to the
state department not later than July 30 for each abortion performed in
the first six (6) months of that year and not later than January 30 for
each abortion performed for the last six (6) months of the preceding
year. Each failure to file the form on time as required is a Class B
misdemeanor.
(c) Not later than June 30 of each year, the state department
shall compile a public report providing the following:
(1) Statistics for the previous calendar year from the
information submitted under this section.
(2) Statistics for previous calendar years compiled by the state
department under this subsection, with updated information
for the calendar year that was submitted to the state
department after the compilation of the statistics.
The state department shall ensure that no identifying information
of a pregnant woman is contained in the report.
SOURCE: IC 16-34-2-8; (11)HB1210.2.17. -->
SECTION 17. IC 16-34-2-8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 8. (a) A pregnant woman or the biological father of
the fetus may file a cause of action for actual and punitive damages
against a physician who recklessly, knowingly, or intentionally
performs or attempts to perform an abortion on the pregnant
woman in violation of this chapter.
(b) The following may file an action for injunctive relief against
a physician who violates this chapter to prevent the physician from
performing further abortions in violation of this chapter:
(1) A pregnant woman who has an abortion or attempts to
have an abortion performed by a physician who violates this
chapter.
(2) A spouse, parent, sibling, guardian, or health care
provider of a pregnant woman described in subdivision (1).
(3) The attorney general.
(4) A county attorney with appropriate jurisdiction.
(c) If a judgment is rendered in favor of the plaintiff in an action
described in this section, the court shall also order the defendant
to render reasonable attorney's fees on behalf of the plaintiff.
(d) If a judgment is rendered in favor of the defendant in an
action described in this section and the court determines that the
lawsuit was frivolous and brought in bad faith, the court shall
order the plaintiff to render reasonable attorney's fees on behalf of
the defendant.
SOURCE: IC 16-34-2-9; (11)HB1210.2.18. -->
SECTION 18. IC 16-34-2-9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 9. (a) The special litigation defense fund is established
for the purpose of providing reimbursement of the costs and
expenses incurred by the attorney general in defending the
constitutionality of actions taken in the 2011 session of the general
assembly to the statutes specified in subsection (b).
(b) The fund must be used to defend the constitutionality of
actions taken in the 2011 session of the general assembly amending
or adding the following sections of this chapter:
(1) Section 0.5.
(2) Section 1.
(3) Section 2.
(4) Section 3.
(5) Section 5.
(6) Section 8.
(7) Section 10.
(c) The fund shall be administered by the treasurer of state.
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that
accrues from these investments shall be deposited in the fund.
(e) The expenses of administering the fund shall be paid from
money in the fund.
(f) Money to be deposited into the fund consists of the following:
(1) Appropriations made by the general assembly.
(2) Donations, gifts, or grants made by persons for carrying
out the purposes of the fund.
(g) Money in the fund at the end of a state fiscal year does not
revert to the state general fund. Money in the fund is continually
appropriated.
(h) If judgment is rendered in favor of the plaintiff in a civil
action contesting the constitutionality of the general assembly
described in subsection (b), the court shall order the following:
(1) The money in the fund shall be used to pay damages
awarded to a successful plaintiff.
(2) The attorney general shall provide an accounting of funds
expended in defending the constitutionality of actions
described in subsection (b).
SOURCE: IC 16-34-2-10; (11)HB1210.2.19. -->
SECTION 19. IC 16-34-2-10 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 10. (a) If any provision of this
chapter is found by the courts to be unconstitutional or invalid, the
unconstitutional or invalid provision shall be considered severable
in the manner provided by IC 1-1-1-8(b).
(b) If any of the following sections of this chapter as added or
amended in the 2011 session of the general assembly are
temporarily or permanently restrained or enjoined by a judicial
order, this chapter shall be enforced as though the restrained or
enjoined sections had not been added or amended:
(1) Section 0.5.
(2) Section 1.
(3) Section 2.
(4) Section 3.
(5) Section 5.
However, if a temporary or permanent restraining order or
injunction is stayed, lifted, dissolved, or otherwise ceases to have
effect, the sections have full force and effect.
SOURCE: IC 27-8-33; (11)HB1210.2.20. -->
SECTION 20. IC 27-8-33 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]:
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.
SOURCE: ; (11)HB1210.2.21. -->
SECTION 21. [EFFECTIVE JULY 1, 2011]
(a) As used in this
SECTION, "fund" refers to the Indiana check-up plan trust fund.
(b) There is appropriated to the fund an amount sufficient for
the office of the secretary of family and social services to reimburse
health care providers who provide screening service for breast and
cervical cancer to uninsured women under IC 12-16-18, as added
by this act, from the cigarette tax revenues designated by the
general assembly to be part of the fund for the state fiscal year
beginning July 1, 2011, and ending June 30, 2012.
(c) There is appropriated to the fund an amount sufficient for
the office of the secretary of family and social services to reimburse
health care providers who provide screening service for breast and
cervical cancer to uninsured women under IC 12-16-18, as added
by this act, from the cigarette tax revenues designated by the
general assembly to be part of the fund for the state fiscal year
beginning July 1, 2012, and ending June 30, 2013.
(d) This SECTION expires December 31, 2013.