TITLE 410 INDIANA STATE DEPARTMENT OF HEALTH

Adds 410 IAC 35-1-2.5 to add the definition of "abortion clinic". Amends 410 IAC 35-1-3 to update the definition of "cremation". Amends 410 IAC 35-1-4 to update the definition of "health care facility". Amends 410 IAC 35-2-1 to update language to reflect statute. Adds 410 IAC 35-2-2 to update record keeping requirements to reflect statute. Repeals 410 IAC 35-1-6 and 410 IAC 35-1-7. Effective 30 days after filing with the Publisher.

SECTION 1. 410 IAC 35-1-2.5 IS ADDED TO READ AS FOLLOWS:

Affected: IC 16-18-2-1.5; IC 16-34-3

Sec. 2.5. "Abortion clinic" has the meaning set forth in IC 16-18-2-1.5.

SECTION 2. 410 IAC 35-1-3 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 16-34-3; IC 23-14-31

Sec. 3. "Cremation" means incineration by a crematory, or incineration as authorized for infectious and pathological waste under IC 16-41-16 and 410 IAC 1-3. disposition by a crematory authority under IC 23-14-31-12 and as defined in IC 23-14-31-8.

SECTION 3. 410 IAC 35-1-4 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 16-18-2-163; IC 16-21; IC 16-34-3

Sec. 4. "Facility" means "Health care facility" includes the following:

(1) A hospital licensed under IC 16-21.

(2) An ambulatory outpatient surgical center licensed under IC 16-21.

(3) A birthing center licensed under IC 16-21.

(3) (4) Any other health care provider, as defined in IC 16-18-2-163(d)(1), required to be licensed as an abortion clinic under IC 16-21.

(5) Any health care provider that provides, prescribes, administers, or dispenses an abortion inducing drug to fewer than five (5) patients per year for the purposes of inducing an abortion.

SECTION 4. 410 IAC 35-2-1 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 16-34-3; IC 23-14-34

Sec. 1. (a) Each abortion clinic and health care facility shall provide for the disposition of an aborted fetus by any of the following methods:

(1) In the earth in an established cemetery pursuant to IC 23-14-34.

(2) Cremation.

(b) The facility must have written policies and procedures for the available method or methods of disposition of aborted fetuses.

(c) The facility must maintain evidentiary documentation demonstrating the date and method of disposition for each aborted fetus.

(d) This article does not apply when the patient elects to receive the aborted fetus pursuant to IC 16-34-3.

SECTION 5. 410 IAC 35-2-2 IS ADDED TO READ AS FOLLOWS:

Affected: IC 16-34-2-1.1; IC 16-34-3

Sec. 2. (a) Each abortion clinic and health care facility must maintain permanent written documentation of the following:

(1) The burial transit permit for each aborted fetus when required by IC 16-34-3-4(a).

(2) The log required by IC 16-34-3-4(c), when applicable.

(3) When a cremation or burial is conducted on behalf of an abortion clinic or health care facility by a licensed funeral home or other authorized person, the contract or agreement between the abortion clinic or health care facility and the funeral home or other person for the cremation or burial services in accordance with IC 16-34-3-4(b).

(4) A signed statement by the entity receiving fetal remains from an abortion clinic or health care facility attesting that the confirmation required by IC 16-34-3-4(d) was completed and attesting that the number of fetal remains received by the entity matched the burial transit permit and log required by IC 16-34-3-4(c).

(b) Each abortion clinic and health care facility must keep the following in a pregnant woman's medical record:

(1) Written documentation that the notifications required by IC 16-34-2-1.1(a)(2)(H), IC 16-34-2-1.1(a)(2)(I), and IC 16-34-2-1.1(a)(2)(J) were made.

(2) The completed form required by IC 16-34-3-2(b).

(3) Written documentation of the parental consent required by IC 16-34-3-2(c) or written documentation that parental consent was not required.

(4) In the case of an abortion induced by an abortion inducing drug, written documentation indicating whether the pregnant woman returned the aborted fetus to the abortion clinic or health care facility in accordance with IC 16-34-3-2(e).

(c) Where a decision or notification is required to be made by a form, an abortion clinic or health care facility must retain a copy of the completed form that contains the decision or notification.

SECTION 6. THE FOLLOWING ARE REPEALED: 410 IAC 35-1-6; 410 IAC 35-1-7.

DIN: 20210526-IR-410200563FRA

Composed: May 18,2024 7:32:12AM EDT

A PDF version of this document.