Indiana Regulation of Abortion Bill (SB 340)
This law was last updated on Jul 15, 2020
SB 340 makes various changes to the abortion law concerning abortion clinic license applications, abortion clinic inspections, abortion inducing drugs, abortion complications, the provision of information to a pregnant person seeking an abortion, and the collection of data by the state department of health.
The bill amends current law regulating abortion clinics to specify that such rules and procedures apply to existing and future abortion clinics. Any rule or emergency rule adopted concerning abortion clinic regulations and licensing would apply to all abortion clinics, regardless of the date of adoption.
The law requires the state department to inspect an abortion clinic at least once a year.
The law requires an application for an abortion clinic license to do the following:
- Disclose whether the applicant, or an owner, or affiliate of the applicant, operated an abortion clinic that was closed as a direct result of patient health and safety concerns;
- Disclose whether the applicant operated an abortion clinic that was closed due to administrative or legal action;
- Disclose whether a principal or clinic staff member was convicted of a felony; and
- Provide any copies of the required administrative and legal documentation, inspection reports, and violation remediation contracts.
The law requires a physician prescribing or dispensing an abortion inducing drug to provide the pregnant person with a copy of the manufacturer’s instruction sheets and request that the pregnant person sign a patient agreement form.
The physician would need to retain a copy of the signed patient agreement form in the patient’s file.
Abortion Complication Reporting
The law requires physicians, hospitals, and abortion clinics to report to the state department each case involving a patient suffering from an abortion complication. Such reports must include the following:
- The date the patient presented for treatment for the abortion complication;
- The age of the patient;
- The race of the patient;
- The county and state of the patient’s residence;
- The type of abortion obtained;
- The date of the abortion obtained;
- The name of the abortion clinic, medical facility, or hospital where the abortion was obtained;
- Whether the patient obtained abortion medication via mail or online, and if so, information identifying the source of the medication;
- Whether the complication was previously managed by the abortion provider or the abortion provider’s required back-up physician;
- The name of the medications taken by the patient as part of the pharmaceutical abortion regimen, if any;
- A list of each diagnosed complication;
- A list of each treated complication, including description;
- Method of payment by the patient, and total cost of all visits;
- Whether the patient’s visit to treat the complications was the original visit or a follow-up visit;
- The date of each follow-up visit, if any;
- A list of each complication diagnosed at a follow-up visit, if any; and
- A list of each complication treated at a follow-up visit, if any.
The state department would be required to annually compile a public report summarizing the information collected.
Failure to report an abortion complication would be considered a Class B misdemeanor.
Physician Reporting Requirements
The law amends reporting requirements for health-care providers who provide abortion services.
Reports no longer need to include the father’s name. However, they must now include the following additional information:
- The city and county where the abortion occurred;
- The patient’s county and state of residence;
- The marital status of the patient;
- The educational level of the patient;
- The race of the patient;
- The ethnicity of the patient;
- The number of the patient’s previous live births;
- The number of the patient’s deceased children;
- The number of the patient’s spontaneous pregnancy terminations;
- The date of the patient’s last menses;
- The physician’s determination of the gestational age of the fetus;
- Whether the patient indicated that they were seeking the abortion due to being abused, coerced, harassed, or trafficked;
- In regards to a surgical abortion, the name of the second physician present, as required by current law;
- For nonsurgical abortions, that the manufacturer’s instructions were provided to the patient and that the patient signed the patient agreement; and
- Any preexisting medical conditions of the patient that may complicate the abortion.