January 14, 2013, read first time and referred to Committee on Health and Provider
First Regular Session 118th General Assembly (2013)
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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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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between statutes enacted by the 2012 Regular Session of the General Assembly.
SENATE BILL No. 489
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; (13)IN0489.1.1. -->
SECTION 1. IC 16-34-2-1.1, AS AMENDED BY P.L.193-2011,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: 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 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 (if the designee is licensed under IC 25-22.5) and is
available on an appropriate and timely basis when clinically
(C) The nature of the proposed procedure.
(D) Objective scientific information of the risks of and
alternatives to the procedure, including:
(i) the risk of infection and hemorrhage;
(ii) the potential danger to a subsequent pregnancy; and
(iii) the potential danger of infertility.
(E) That human physical life begins when a human ovum is
fertilized by a human sperm.
(F) The probable gestational age of the fetus at the time the
abortion is to be performed, including:
(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.
(G) That objective scientific information shows that a fetus
can feel pain at or before twenty (20) weeks of postfertilization
(H) The medical risks associated with carrying the fetus to
(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 if the act
included an adult and must be reported to the department of
child services or the local law enforcement agency under
(2) At least eighteen (18) hours before the abortion, the pregnant
woman will be 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
(E) That Indiana has enacted the safe haven law under
(i) Internet web site address of the state department of
health's web site; and
(ii) description of the information that will be provided on
the web site and that are;
described in section 1.5 of this chapter.
(3) The pregnant woman certifies in writing, on a form
developed by the state department,
before the abortion is
(A) the information required by subdivisions (1) and (2) has
been provided to the pregnant woman;
(B) the pregnant woman has been offered by the provider
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
(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 provider shall perform,
the pregnant woman 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, on a form
developed by the state department,
before the abortion is performed,
that the pregnant woman:
does not want to view the fetal ultrasound imaging; and
(2) does not want to listen to the auscultation of the fetal heart
tone if the fetal heart tone is audible.