Indiana Omnibus Abortion Bill (SB 371)
This law was last updated on Dec 2, 2014
SB 371 is an omnibus abortion bill that amends existing law and contains multiple abortion restrictions, including: (1) restrictions on medication abortion; (2) telemedicine ban; (3) forced ultrasound; and (4) informed consent requirements.
Redefines Abortion Clinic
The bill amends Indiana Code section 16-21-2-2.5 and expands the definition of “abortion clinic” to include facilities that provide abortion-inducing drugs and requires those facilities to meet all the licensing requirements of an abortion clinic, beginning January 1, 2014. The bill redefines “abortion clinic” to exclude the office of a physician where abortion inducing drugs are not the primarily dispensed or prescribed drug.
The bill also prohibits a physician from dispensing, prescribing, or administering an abortion inducing drug to a patient after 9 weeks of postfertilization age unless the FDA has approved use of the drug after 9 weeks postfertilization age.
The bill requires the physician to examine the patient in person before prescribing or dispensing an abortion-inducing drug.
The bill requires a physician to perform an ultrasound before prescribing or dispensing an abortion inducing drug, and to provide a patient seeking an abortion an opportunity to view the fetal ultrasound imaging and to listen to the fetal heartbeat before the abortion is performed. The bill specifies that if the patient does not want to listen to the sound of the fetal heartbeat or view the ultrasound imaging, the patient must certify her refusal in writing and on a form developed by the state department.
The bill amends Indiana’s informed consent requirement (Indiana Code § 16-34-2-1.1) and requires a physician or medical professional performing an abortion to provide the patient with a color copy of an informed consent brochure at least 18 hours prior to the procedure that includes the following information:
- The name and contact information for the physician;
- Objective scientific information of the risks of and alternatives to the procedure or the use of an abortion inducing drug;
- Information about the procedure or abortion inducing drug, including the potential risks; and
- The probable gestational age of the fetus.
Signed into law by Gov. Pence in May 2013. In November 2013, a district court judge blocked this law from going into effect pending resolution of litigation. (See Planned Parenthood of Indiana and Kentucky v. Commissioner of Indiana State Department of Health.)