2016 Indiana Code TITLE 16. HEALTH ARTICLE 34. ABORTION CHAPTER 2. REQUIREMENTS FOR PERFORMANCE OF ABORTION; CRIMINAL PENALTIES
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IC 16-34-2
Chapter 2. Requirements for Performance of Abortion;
Criminal Penalties
IC 16-34-2-0.5
Medical emergency
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.
As added by P.L.193-2011, SEC.7.
IC 16-34-2-1
Required circumstances of legal abortion
Sec. 1. (a) Abortion shall in all instances be a criminal act, except
when performed under the following circumstances:
(1) Except as prohibited in IC 16-34-4, 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.
However, an abortion inducing drug may not be dispensed,
prescribed, administered, or otherwise given to a pregnant
woman after nine (9) weeks of postfertilization age unless the
Food and Drug Administration has approved the abortion
inducing drug to be used for abortions later than nine (9) weeks
of postfertilization age. A physician shall examine a pregnant
woman in person before prescribing or dispensing an abortion
inducing drug. As used in this subdivision, "in person" does not
include the use of telehealth or telemedicine services.
(2) Except as prohibited by IC 16-34-4, for an abortion
performed by a surgical procedure, 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
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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) or as prohibited by
IC 16-34-4, and for an abortion performed by a surgical
procedure, at the earlier of viability of the fetus or twenty (20)
weeks of postfertilization age and any time after, 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.
As added by P.L.2-1993, SEC.17. Amended by P.L.145-1997, SEC.2;
P.L.193-2011, SEC.8; P.L.136-2013, SEC.5; P.L.213-2016, SEC.13.
IC 16-34-2-1.1
Voluntary and informed consent required; viewing of fetal
ultrasound and hearing auscultation of fetal heart tone;
information required if a lethal fetal anomaly has been diagnosed
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
private, not group, 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
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IC 25-23-1-1(b)), or a certified nurse midwife (as defined in
IC 34-18-2-6.5) 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) is
available on an appropriate and timely basis when clinically
necessary.
(C) The nature of the proposed procedure or information
concerning the abortion inducing drug.
(D) Objective scientific information of the risks of and
alternatives to the procedure or the use of an abortion
inducing drug, 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 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 objective scientific information shows that a fetus
can feel pain at or before twenty (20) weeks of
postfertilization age.
(H) The medical risks associated with carrying the fetus to
term.
(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
IC 31-33-5.
(K) That Indiana does not allow a fetus to be aborted solely
because of the fetus's race, color, national origin, ancestry,
sex, or diagnosis or potential diagnosis of the fetus having
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Down syndrome or any other disability.
(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
after.
(E) That Indiana has enacted the safe haven law under
IC 31-34-2.5.
(F) The:
(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.
(G) For the facility in which the abortion is to be performed,
an emergency telephone number that is available and
answered on a twenty-four (24) hour a day, seven (7) day a
week basis.
(H) On a form developed by the state department and as
described in IC 16-34-3, that the pregnant woman has a right
to determine the final disposition of the remains of the
aborted fetus.
(I) On a form developed by the state department, information
concerning the available options for disposition of the
aborted fetus.
(J) On a form developed by the state department,
information concerning any counseling that is available to a
pregnant woman after having an abortion.
The state department shall develop and distribute the forms
required by clauses (H) through (J).
(3) The pregnant woman certifies in writing, on a form
developed by the state department, 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 by the provider the
opportunity to view the fetal ultrasound imaging and hear
the auscultation of the fetal heart tone if the fetal heart tone
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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.
(4) 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 provided the pregnant woman with a color copy
of the informed consent brochure described in section 1.5 of
this chapter by printing the informed consent brochure from the
state department's Internet web site and including the following
information on the back cover of the brochure:
(A) The name of the physician performing the abortion and
the physician's medical license number.
(B) An emergency telephone number where the physician or
the physician's designee may be contacted twenty-four (24)
hours a day, seven (7) days a week.
(C) A statement that follow-up care by the physician or the
physician's designee who is licensed under IC 25-22.5 is
available on an appropriate and timely basis when clinically
necessary.
(5) At least eighteen (18) hours before an abortion is performed
and at the same time that the pregnant woman receives the
information required by subdivision (1), the provider shall
perform, and 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:
(A) does not want to view the fetal ultrasound imaging; and
(B) does not want to listen to the auscultation of the fetal
heart tone if the fetal heart tone is audible.
(b) This subsection applies to a pregnant woman whose unborn
child has been diagnosed with a lethal fetal anomaly. The
requirements of this subsection are in addition to the other
requirements of this section. At least eighteen (18) hours before an
abortion is performed on the pregnant woman, the physician who
will perform the abortion shall:
(1) orally and in person, inform the pregnant woman of the
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availability of perinatal hospice services; and
(2) provide the pregnant woman copies of the perinatal hospice
brochure developed by the state department under
IC 16-25-4.5-4 and the list of perinatal hospice providers and
programs developed under IC 16-25-4.5-5, by printing the
perinatal hospice brochure and list of perinatal hospice
providers from the state department's Internet web site.
(c) If a pregnant woman described in subsection (b) chooses to
have an abortion rather than continuing the pregnancy in perinatal
hospice care, the pregnant woman shall certify in writing, on a form
developed by the state department under IC 16-25-4.5-6, at least
eighteen (18) hours before the abortion is performed, that the
pregnant woman has been provided the information described in
subsection (b) in the manner required by subsection (b).
As added by P.L.187-1995, SEC.4. Amended by P.L.1-1998,
SEC.118; P.L.36-2005, SEC.1; P.L.146-2008, SEC.444;
P.L.44-2009, SEC.32; P.L.193-2011, SEC.9; P.L.136-2013, SEC.6;
P.L.232-2013, SEC.2; P.L.98-2014, SEC.2; P.L.113-2015, SEC.5;
P.L.213-2016, SEC.14.
IC 16-34-2-1.2
Physician's duty to inform women in medical emergency of
necessity for abortion
Sec. 1.2. When a medical emergency compels the performance of
an abortion, the physician who will perform the abortion shall inform
the woman, before the abortion if possible, of the medical indications
supporting the physician's judgment that an abortion is necessary to
avert:
(1) the woman's death; or
(2) a substantial and irreversible impairment of a major bodily
function.
As added by P.L.187-1995, SEC.5.
IC 16-34-2-1.5
Informed consent brochure; requirements
Sec. 1.5. (a) The state department shall develop an informed
consent brochure and post the informed consent brochure on the state
department's Internet web site.
(b) The state department shall develop an informed consent
brochure that includes 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) Objective scientific information concerning the medical
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risks associated with each abortion procedure or the use of an
abortion inducing drug, including the following:
(A) The risks of infection and hemorrhaging.
(B) The potential danger:
(i) to a subsequent pregnancy; or
(ii) of infertility.
(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) 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), 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.
(d) In the development of the informed consent brochure
described in this section, the state department shall use information
and pictures that are available at no cost or nominal cost to the state
department.
(e) The informed consent brochure must include the requirements
specified in this chapter.
As added by P.L.193-2011, SEC.10. Amended by P.L.136-2013,
SEC.7.
IC 16-34-2-2
Responsibilities of attending physician; determination of
postfertilization age; disciplinary action for violation
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
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section 0.5 of this chapter), a physician that violates this section is
subject to disciplinary action under IC 25-1-9.
As added by P.L.2-1993, SEC.17. Amended by P.L.193-2011,
SEC.11.
IC 16-34-2-3
Conditions for abortion after viability or 20 weeks; attendance of
physician for preservation of life and health of viable unborn child;
certificates of birth or death; offense for violation; ward
Sec. 3. (a) All abortions performed 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.
As added by P.L.2-1993, SEC.17. Amended by P.L.4-1993, SEC.243;
P.L.5-1993, SEC.256; P.L.145-1997, SEC.3; P.L.146-2008,
SEC.445; P.L.193-2011, SEC.12.
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IC 16-34-2-4
Written consent of parent or guardian of unemancipated pregnant
woman under 18 years of age; conditions of waiver; representation
by attorney; appeal; confidential records; emergency abortions
Sec. 4. (a) No physician shall perform an abortion on an
unemancipated pregnant woman less than eighteen (18) years of age
without first having obtained the written consent of one (1) of the
parents or the legal guardian of the minor pregnant woman.
(b) A minor:
(1) who objects to having to obtain the written consent of her
parent or legal guardian under this section; or
(2) whose parent or legal guardian refuses to consent to an
abortion;
may petition, on her own behalf or by next friend, the juvenile court
in the county in which the pregnant woman resides or in which the
abortion is to be performed, for a waiver of the parental consent
requirement under subsection (a). A next friend may not be a
physician or provider of abortion services, representative of the
physician or provider, or other person that may receive a direct
financial benefit from the performance of an abortion.
(c) A physician who feels that compliance with the parental
consent requirement in subsection (a) would have an adverse effect
on the welfare of the pregnant minor or on her pregnancy may
petition the juvenile court within twenty-four (24) hours of the
abortion request for a waiver of the parental consent requirement
under subsection (a).
(d) The juvenile court must rule on a petition filed by a pregnant
minor under subsection (b) or by her physician under subsection (c)
within forty-eight (48) hours of the filing of the petition. Before
ruling on the petition, the court shall consider the concerns expressed
by the pregnant minor and her physician. The requirement of parental
consent under this section shall be waived by the juvenile court if the
court finds that the minor is mature enough to make the abortion
decision independently or that an abortion would be in the minor's
best interests.
(e) Unless the juvenile court finds that the pregnant minor is
already represented by an attorney, the juvenile court shall appoint
an attorney to represent the pregnant minor in a waiver proceeding
brought by the minor under subsection (b) and on any appeals. The
cost of legal representation appointed for the minor under this
section shall be paid by the county.
(f) A minor or her physician who desires to appeal an adverse
judgment of the juvenile court in a waiver proceeding under
subsection (b) or (c) is entitled to an expedited appeal, under rules to
be adopted by the supreme court.
(g) All records of the juvenile court and of the supreme court or
the court of appeals that are made as a result of proceedings
conducted under this section are confidential.
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(h) A minor who initiates legal proceedings under this section is
exempt from the payment of filing fees.
(i) This section shall not apply where there is an emergency need
for a medical procedure to be performed such that continuation of the
pregnancy provides an immediate threat and grave risk to the life or
health of the pregnant woman and the attending physician so certifies
in writing.
As added by P.L.2-1993, SEC.17. Amended by P.L.193-2011,
SEC.13.
IC 16-34-2-4.5
Admitting privileges requirement; notification to patient of
hospital location; confirmation of admitting privileges; redaction
Sec. 4.5. (a) A physician may not perform an abortion unless the
physician:
(1) has admitting privileges in writing at a hospital located in
the county where abortions are provided or in a contiguous
county; or
(2) has entered into a written agreement with a physician who
has written admitting privileges at a hospital in the county or
contiguous county concerning the management of possible
complications of the services provided.
A written agreement described in subdivision (2) must be renewed
annually.
(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.
(c) An abortion clinic shall:
(1) keep at the abortion clinic a copy of the admitting privileges
of a physician described in subsection (a)(1) and (a)(2); and
(2) submit a copy of the admitting privileges described in
subdivision (1) to the state department as part of the abortion
clinic's licensure. The state department shall verify the validity
of the admitting privileges document. The state department
shall remove any identifying information from the admitting
privileges document before releasing the document under
IC 5-14-3.
(d) The state department shall annually submit a copy of the
admitting privileges described in subsection (a)(1) and a copy of the
written agreement described in subsection (a)(2) to:
(1) each hospital located in the county in which the hospital
granting the admitting privileges described in subsection (a) is
located; and
(2) each hospital located in a county that is contiguous to the
county described in subdivision (1);
where abortions are performed.
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(e) The state department shall confirm to a member of the public,
upon request, that the admitting privileges required to be submitted
under this section for an abortion clinic have been received by the
state department.
(f) Notwithstanding IC 5-14-3-6 and IC 5-14-3-6.5, this section
only allows for the redaction of information that is described in
subsection (c). This section does not allow the state department to
limit the disclosure of information in other public documents.
As added by P.L.193-2011, SEC.14. Amended by P.L.98-2014,
SEC.3; P.L.213-2016, SEC.15.
IC 16-34-2-5
Forms to be supplied to health care provider; purpose; completion
by health care provider; offense of failing to complete or timely
transmit; annual public report
Sec. 5. (a) Every health care provider who performs a surgical
abortion or provides, prescribes, administers, or dispenses an
abortion inducing drug for the purposes of inducing an abortion shall
report the performance of the abortion or the provision, prescribing,
administration, or dispensing of an abortion inducing drug on a form
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. For each abortion performed and
abortion inducing drug provided, prescribed, administered, or
dispensed, the report shall include, among other things, the
following:
(1) The age of the patient.
(2) The date and location the abortion was performed or the
abortion inducing drug was provided, prescribed, administered,
or dispensed.
(3) The health care provider's full name and address, including
the name of the physicians performing the abortion or
providing, prescribing, administering, or dispensing the
abortion inducing drug.
(4) The name of the father if known.
(5) The age of the father, or the approximate age of the father
if the father's age is unknown.
(6) The following information concerning the abortion or the
provision, prescribing, administration, or dispensing of the
abortion inducing drug:
(A) The postfertilization age of the fetus.
(B) The manner in which the postfertilization age was
determined.
(C) The gender of the fetus, if detectable.
(D) Whether the fetus has been diagnosed with or has a
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potential diagnosis of having Down syndrome or any other
disability.
(E) 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 performance
of the abortion or the provision, prescribing, administration,
or dispensing of the abortion inducing drug.
(7) For a surgical abortion, the medical procedure used for the
abortion and, if the fetus was viable or had a postfertilization
age of at least twenty (20) weeks:
(A) whether the procedure, in the reasonable judgment of the
health care provider, gave the fetus the best opportunity 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.
(8) For a nonsurgical abortion, the precise drugs provided,
prescribed, administered, or dispensed, and the means of
delivery of the drugs to the patient.
(9) For an early pre-viability termination, the medical indication
by diagnosis code for the fetus and the mother.
(10) The mother's obstetrical history, including dates of other
abortions, if any.
(11) The results of pathological examinations if performed.
(12) For a surgical abortion, whether the fetus was delivered
alive, and if so, how long the fetus lived.
(13) Records of all maternal deaths occurring at the location
where the abortion was performed or the abortion inducing drug
was provided, prescribed, administered, or dispensed.
(14) The date the form was transmitted to the state department
and, if applicable, separately to the department of child
services.
(b) The health care provider shall complete the form provided for
in subsection (a) and shall transmit the completed form to the state
department, in the manner specified on the form, not later than July
30 for each abortion occurring in the first six (6) months of that year
and not later than January 30 for each abortion occurring in the last
six (6) months of the preceding year. However, if an abortion is for
a female who is less than fourteen (14) years of age, the health care
provider shall transmit the form to the state department of health and
separately to the department of child services within three (3) days
after the abortion is performed.
(c) The dates supplied on the form may not be redacted for any
reason before the form is transmitted as provided in this section.
(d) Each failure to complete or timely transmit a form, as required
under this section, for each abortion performed or abortion inducing
drug that was provided, prescribed, administered, or dispensed, is a
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Class B misdemeanor.
(e) 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.
As added by P.L.2-1993, SEC.17. Amended by P.L.74-2011, SEC.1;
P.L.193-2011, SEC.15; P.L.6-2012, SEC.120; P.L.92-2015, SEC.5;
P.L.213-2016, SEC.16.
IC 16-34-2-5.1
Documentation of signatures and credentials of physicians and
other providers
Sec. 5.1. Each form or other written document that must be
completed or provided by a physician or other provider under this
chapter, including a signed copy retained in the pregnant woman's
patient file, must include the following:
(1) A line for the signature of the physician or other provider.
(2) A line for the professional credentials and license number
of the physician or other provider.
As added by P.L.213-2016, SEC.17.
IC 16-34-2-5.5
State department duty to develop electronic program concerning
submission of forms completed by physicians
Sec. 5.5. The state department shall develop a program enabling
the report required by section 5 of this chapter to be completed,
transmitted, and received in an electronic format.
As added by P.L.177-2015, SEC.1.
IC 16-34-2-6
Prohibitions on performing experiments on and the transport of an
aborted fetus; transport of aborted fetus for purpose of conducting
final disposition of the aborted fetus permitted
Sec. 6. (a) No experiments except pathological examinations may
be conducted on any fetus aborted under this chapter. A person who
conducts such an experiment commits a Class A misdemeanor.
(b) Except as provided by subsection (c), a person who knowingly
transports an aborted fetus into, or out of, Indiana commits a Class
A misdemeanor.
(c) A person may transport an aborted fetus into, or out of, Indiana
for the sole purpose of conducting the final disposition of the aborted
fetus by cremation or interment under IC 16-34-3-4.
Indiana Code 2016
As added by P.L.2-1993, SEC.17. Amended by P.L.213-2016,
SEC.18.
IC 16-34-2-7
Performance of unlawful abortion; offense
Sec. 7. (a) Except as provided in subsections (b) and (c), a person
who knowingly or intentionally performs an abortion not expressly
provided for in this chapter commits a Level 5 felony.
(b) A physician who performs an abortion intentionally or
knowingly in violation of section 1(a)(1)(C) or 4 of this chapter
commits a Class A misdemeanor.
(c) A person who knowingly or intentionally performs an abortion
in violation of section 1.1 of this chapter commits a Class A
infraction.
(d) A woman upon whom a partial birth abortion is performed
may not be prosecuted for violating or conspiring to violate section
1(b) of this chapter.
As added by P.L.2-1993, SEC.17. Amended by P.L.187-1995, SEC.6;
P.L.145-1997, SEC.4; P.L.158-2013, SEC.235.
Indiana Code 2016
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