Indiana Heartbeat Bill (HB 1122)
This law was last updated on Jun 28, 2016
HB 1122 would would make abortion illegal when a heartbeat can be detected, except when continuing the pregnancy would threaten the life of the mother or cause serious, long-lasting consequences for the physical health of the pregnant person.
Testing for Detectable Heartbeat
The bill would require a physician to first determine whether an “unborn human individual” has a detectable fetal heartbeat before attempting to perform or induce an abortion. The physician would be required to record the following information:
- The estimated gestational age of the “unborn human individual”;
- The method used to test for a fetal heartbeat;
- The date and time of the test; and
- The results of the test.
A physician that determines whether an “unborn human individual” has a detectable fetal heartbeat would need to inform the pregnant woman in writing of the statistical probability of carrying the “unborn human individual” to term. The pregnant woman would be required to certify in writing that she had been notified of the detectable heartbeat and received the information regarding the statistical probability of carrying it to term.
A physician who knowingly or intentionally performs an abortion without testing for a detectable heartbeat would be guilty of a Level 5 felony and may face disciplinary actions and civil penalties.
If a physician performs the abortion without testing due to a medical emergency, they would be required to include the following information in the pregnant woman’s medical record:
- The physician’s belief that a medical emergency required that the abortion occur; and
- The medical condition of the pregnant woman.
Detectable Heartbeat Abortion Ban
HB 1122 would prohibit a physician from performing or inducing an abortion in the event that a fetal heartbeat is detected. A physician who violates this provision would be guilty of a Level 5 felony. This would not apply in cases of a medical emergency.
A physician who performs such a medical procedure would be required to certify in writing that the procedure was necessary to the physician’s reasonable medical judgement to prevent:
- the death of the pregnant woman; or
- a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman.
Companion to SB 144.