Section 16-34-2-1.1 - Voluntary and informed consent condition; information required if a lethal fetal anomaly is diagnosed; ultrasound report; suspected coercion(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 registered nurse (as defined in 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 that includes the following statement: "Some evidence suggests that effects of Mifespristone may be avoided, ceased, or reversed if the second pill, Misoprostol, has not been taken. Immediately contact the following for more information at (insert applicable abortion inducing drug reversal website and corresponding hotline number)."(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 Down syndrome or any other disability.(L) That no one has the right to coerce the pregnant woman to have an abortion.(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) website address of the state department's website; and(ii) description of the information that will be provided on the website and that is; 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, that the pregnant woman has a right, after a surgical abortion, to:(i) dispose of the remains of the aborted fetus by interment in compliance with IC 23-14-54, or cremation through a licensee (as defined in IC 25-15-2-19) and in compliance with IC 23-14-31; or(ii) have the health care facility dispose of the remains of the aborted fetus by interment in compliance with IC 23-14-54, or cremation through a licensee (as defined in IC 25-15-2-19) and in compliance with IC 23-14-31, and ask which method of disposition will be used by the health care facility.(J) On a form developed by the state department:(i) that a pregnant woman, after an abortion induced by an abortion inducing drug, will expel an aborted fetus; and(ii) the disposition policy of the health care facility concerning the disposition of the aborted fetus. The disposition policy must allow the pregnant woman to return the aborted fetus to the health care facility for disposition by interment in compliance with IC 23-14-54, or cremation through a licensee (as defined in IC 25-15-2-19) and in compliance with IC 23-14-31.(K) 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 (K).
(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 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 registered nurse (as defined in 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 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 website 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. A pregnant woman must be advised, prior to the pregnant woman's decision concerning fetal ultrasound imaging, that an ultrasound image of the fetus will be provided to the pregnant woman to keep at no charge to the pregnant woman if the fetal ultrasound is performed.
(6) At least eighteen (18) hours before the abortion, 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 registered nurse (as defined in 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 shall, in the private, not group, presence of the pregnant woman, verbally ask the pregnant woman if she is being coerced to have an abortion.(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 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 website.(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).(d) For any abortion performed under this article, 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 registered nurse (as defined in 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 shall include, or ensure the inclusion of, a copy of a pregnant woman's ultrasound report in the pregnant woman's patient file.(e) If the physician who is to perform the abortion, the referring physician, a physician assistant (as defined in IC 25-27.5-2-10), an advanced practice registered nurse (as defined in IC 25-23-1-1(b)), or a certified nurse midwife (as defined in IC 34-18-2-6.5) suspects a pregnant woman is being coerced to have an abortion after making the inquiry required under subsection (a)(6), the physician, physician assistant, advanced practice registered nurse, or certified nurse midwife shall: (1) inform the pregnant woman that coercing a pregnant woman to have an abortion is illegal;(2) inform the pregnant woman that a demand by the father to have an abortion does not relieve him of financial support responsibilities; and(3) provide the pregnant woman with:(A) information about:(iii) protective services offered by social programs and local or state law enforcement agencies;(B) access to a telephone if she needs to make a private telephone call; and(C) access to an alternate exit from the health care facility.(f) Except as provided in subsection (g), if a physician, physician assistant (as defined in IC 25-27.5-2-10), advanced practice registered nurse (as defined in IC 25-23-1-1(b)), or certified nurse midwife (as defined in IC 34-18-2-6.5) has specific and credible information that a pregnant woman is being coerced into having an abortion, then an abortion may not be provided to the pregnant woman during the twenty-four (24) hour period after the physician, physician assistant (as defined in IC 25-27.5-2-10), advanced practice registered nurse (as defined in IC 25-23-1-1(b)), or certified nurse midwife (as defined in IC 34-18-2-6.5) makes a report under IC 16-34-6-6(b).(g) The twenty-four (24) hour period described in subsection (f) may be waived if a physician, in the physician's best medical judgment, determines that an abortion is necessary to prevent the death of the pregnant woman or to prevent substantial and irreversible injury to a major bodily function of the pregnant woman.Amended by P.L. 56-2023,SEC. 153, eff. 7/1/2023.Amended by P.L. 179-2022SP1,SEC. 22, eff. 9/15/2022.Amended by P.L. 93-2022,SEC. 4, eff. 7/1/2022.Amended by P.L. 218-2021,SEC. 4, eff. 7/1/2021.Amended by P.L. 77-2020,SEC. 1, eff. 7/1/2020.Amended by P.L. 129-2018,SEC. 11, eff. 7/1/2018.Amended by P.L. 213-2016, SEC. 14, eff. 7/1/2016.Amended by P.L. 113-2015, SEC. 5, eff. 1/1/2016.Amended by P.L. 98-2014, SEC. 2, eff. 7/1/2014.Amended by P.L. 232-2013, SEC. 2, eff. 7/1/2013.Amended by P.L. 136-2013, SEC. 6, eff. 7/1/2013.Amended by P.L. 193-2011, SEC. 9, eff. 7/1/2011.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.