2016 Indiana Code TITLE 16. HEALTH ARTICLE 34. ABORTION CHAPTER 1. PUBLIC POLICY CONCERNING PERFORMANCE OF ABORTIONS; USE OF PUBLIC FUNDS; CIVIL ACTIONS
Download as PDF
IC 16-34
ARTICLE 34. ABORTION
IC 16-34-1
Chapter 1. Public Policy Concerning Performance of
Abortions; Use of Public Funds; Civil Actions
IC 16-34-1-1
Childbirth preferred
Sec. 1. Childbirth is preferred, encouraged, and supported over
abortion.
As added by P.L.2-1993, SEC.17.
IC 16-34-1-2
Public funds; payment restricted
Sec. 2. Neither the state nor any political subdivision of the state
may make a payment from any fund under its control for the
performance of an abortion unless the abortion is necessary to
preserve the life of the pregnant woman.
As added by P.L.2-1993, SEC.17.
IC 16-34-1-3
Private or denominational hospitals; mandatory abortion services
Sec. 3. No private or denominational hospital shall be required to
permit its facilities to be utilized for the performance of abortions.
As added by P.L.2-1993, SEC.17.
IC 16-34-1-4
Physician or employee; mandatory participation in abortion
Sec. 4. No:
(1) physician; or
(2) employee or member of the staff of a hospital or other
facility in which an abortion may be performed;
shall be required to perform an abortion or to assist or participate in
the medical procedures resulting in or intended to result in an
abortion, if that individual objects to such procedures on ethical,
moral, or religious grounds.
As added by P.L.2-1993, SEC.17.
IC 16-34-1-5
Participation as condition of training, promotion, or privileges;
prohibition
Sec. 5. No person shall be required, as a condition of training,
employment, pay, promotion, or privileges, to agree to perform or
participate in the performing of abortions.
As added by P.L.2-1993, SEC.17.
IC 16-34-1-6
Indiana Code 2016
Discrimination based upon moral beliefs; prohibition
Sec. 6. No hospital or other person shall discriminate against or
discipline a person because of the person's moral beliefs concerning
abortion.
As added by P.L.2-1993, SEC.17.
IC 16-34-1-7
Civil actions
Sec. 7. A civil action for damages or reinstatement of
employment, or both, may be brought for any violation of sections 4
through 6 of this chapter.
As added by P.L.2-1993, SEC.17.
IC 16-34-1-8
Prohibition on coverage of abortion by qualified health plan;
exceptions
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, except in the following cases:
(1) The pregnant woman became pregnant through an act of
rape or incest.
(2) An abortion is necessary to avert the pregnant woman's
death or a substantial and irreversible impairment of a major
bodily function of the pregnant woman.
As added by P.L.193-2011, SEC.5.
IC 16-34-1-9
Findings; compelling state interest
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.
As added by P.L.193-2011, SEC.6.
Indiana Code 2016
Disclaimer: These codes may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
