* * *
Services and supplies provided; exceptions
Sec. 1. Except as provided in IC 12-15-2-12, IC 12-15-6, and IC 12-15-21, the following services and supplies are provided under Medicaid:
(1) Inpatient hospital services.
(2) Nursing facility services.
(3) Physician's services, including services provided under IC
(4) Outpatient hospital or clinic services.
(5) Home health care services.
(6) Private duty nursing services.
(7) Physical therapy and related services.
(8) Dental services.
(9) Prescribed laboratory and x-ray services.
(10) Prescribed drugs and services.
(11) Eyeglasses and prosthetic devices.
(12) Optometric services.
(13) Diagnostic, screening, preventive, and rehabilitative services.
(14) Podiatric medicine services.
(15) Hospice services.
(16) Services or supplies recognized under
(17) Family planning services except the performance of abortions. [This provision has been held to be unconstitutional and unenforceable to the extent that it denies assistance for abortion to pregnant women at serious risk of substantial and irreversible impairment of a major bodily function. ]
(18) Nonmedical nursing care given in accordance with the tenets and practices of a recognized church or religious denomination to an individual qualified for Medicaid who depends upon healing by prayer and spiritual means alone in accordance with the tenets and practices of the individual's church or religious denomination.
(19) Services provided to individuals described in IC 12-15-2-8 and IC 12-15-2-9.
(20) Services provided under IC
(21) Case management services provided to individuals described in IC 12-15-2-11 and IC 12-15-2-13.
(22) Any other type of remedial care recognized under
(23) Examinations required under IC 16-41-17-2(a)(10).
* * *
Sec. 1. "Abortion" means the termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus.
Sec. 1.5. (a) "Abortion clinic",
for purposes of IC 16-21-2, means a freestanding entity that performs
surgical abortion procedures.
(b) The term does not include the following:
(1) A hospital that is licensed as a hospital under IC 16-21-2.
(2) An ambulatory outpatient surgical center that is licensed as an ambulatory outpatient surgical center under IC 16-21-2.
(3) A physician's office as long as the surgical procedures performed at the physician's office are not primarily surgical abortion procedures.
* * *
Sec. 69. "Consent", for purposes of IC 16-34, means a written agreement to submit to an abortion:
(1) after the consenting party has had a full explanation of the abortion procedure to be performed, including disclosures and information required by IC 16-34-2-1.1; and
(2) as evidenced by the signature of the consenting party on a consent form prescribed by the state department of health.
* * *
Partial birth abortion
Sec. 267.5. "Partial birth abortion" means an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery.
* * *
Sec. 1. As used in this chapter, "office" refers to the office of
women's health established by this chapter.
Sec. 2. The office of women's health is established within the state
Sec. 3. The office is established for the following purposes:
(1) To educate and advocate for women's health by requesting
that the state department, either on its own or in partnership
with other entities, establish appropriate forums, programs, or
initiatives designed to educate the public regarding women's
health, with an emphasis on preventive health and healthy
(2) To assist the state health commissioner in identifying,
coordinating, and establishing priorities for programs, services,
and resources the state should provide for women's health issues
and concerns relating to the reproductive, menopausal, and
postmenopausal phases of a woman's life, with an emphasis on
(3) To serve as a clearinghouse and resource for information
regarding women's health data, strategies, services, and
programs that address women's health issues, including the
(A) Diseases that significantly impact women, including
heart disease, cancer, and osteoporosis.
(C) Mental health.
(D) Substance abuse.
(E) Sexually transmitted diseases.
(F) Sexual assault and domestic violence.
(4) To collect, classify, and analyze relevant research
information and data conducted or compiled by:
(A) the state department; or
(B) other entities in collaboration with the state department;
and to provide interested persons with information regarding
the research results, except as prohibited by law.
(5) To develop and recommend funding and program activities
for educating the public on women's health initiatives, including
(A) Health needs throughout a woman's life.
(B) Diseases that significantly affect women, including heart
disease, cancer, and osteoporosis.
(C) Access to health care for women.
(D) Poverty and women's health.
(E) The leading causes of morbidity and mortality for
(F) Special health concerns of minority women.
(6) To make recommendations to the state health commissioner
regarding programs that address women's health issues for
inclusion in the state department's biennial budget and strategic
(7) To seek funding from private or governmental entities to
carry out the purposes of this chapter.
(8) To prepare materials for publication and dissemination to
the public on women's health.
To conduct public educational forums in
public awareness and to educate citizens about women's health
programs, issues, and services.
(10) To coordinate the activities and programs of the office with
other entities that focus on women's health or women's issues,
(11) To represent the state health commissioner, upon request,
the general assembly and the
women established by IC 4-23-25-3.
(12) To provide an annual report to the governor, the legislative
successes of the programs of the office, priorities and services
for women's health in
improvement. A report provided under this subdivision to the
legislative council must be in an electronic format under
This section does not allow the director or any employees of the
office to advocate, promote, refer to, or otherwise advance abortion
Sec. 4. (a) The state health commissioner shall appoint persons to
staff the office, including:
(1) the director of the office; and
(2) any other employees that the state health commissioner
determines are necessary.
(b) The employees appointed under subsection (a)(2) shall report
to the director. The director shall report to the state health
(c) The director shall supervise the employees assigned to the
(d) The director shall oversee the administrative functions of the
Sec. 5. (a) The state health commissioner shall appoint an
advisory committee on women's health to assist in advising the
director regarding the duties required under this chapter.
(b) The advisory committee is comprised of persons with an
in and a knowledge of women's health issues in
(c) The state health commissioner shall:
(1) determine the number of persons to serve on the advisory
(2) appoint a chairperson or co-chairpersons for the advisory
(3) establish the policies and procedures under which the
advisory committee operates.
Sexual assault victims assistance fund
Sec. 6. (a) As used in this section, "rape crisis center" means an
organization that provides a full continuum of services, including
hotlines, victim advocacy, and supportive services, from the onset of
need for services through the completion of healing, to victims of
(b) The sexual assault victims assistance fund is established. The
office shall administer the fund to provide financial assistance to
rape crisis centers. Money in the fund must be distributed to a
statewide nonprofit corporation whose primary purpose is pursuing
eradication of sexual violence in
corporation shall allocate money in the fund among the rape crisis
centers. The fund consists of:
(1) amounts transferred to the fund from sexual assault victims
assistance fees collected under IC 33-37-5-23.
(2) any appropriations to the fund from other sources;
(3) grants, gifts, and donations intended for deposit in the fund;
(4) interest that accrues from money in the fund.
(c) The expenses of administering the fund shall be paid from
money in the fund. The office shall designate not more than ten
percent (10%) of the appropriation made each year to the nonprofit
corporation for program administration.
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(e) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
* * *
Sec. 2.5. (a) The state department shall adopt rules under
(1) Establish minimum license qualifications.
(2) Establish the following requirements:
(A) Sanitation standards.
(B) Staff qualifications.
(C) Necessary emergency equipment.
(D) Procedures to provide emergency care.
(E) Quality assurance standards.
(F) Infection control.
(3) Prescribe the operating policies, supervision, and maintenance of medical records.
(4) Establish procedures for the issuance, renewal, denial, and revocation of licenses under this chapter. The rules adopted under this subsection must address the following:
(A) The form and content of the license.
(B) The collection of an annual license fee.
(5) Prescribe the procedures and standards for inspections.
(b) A person who knowingly or intentionally:
(1) operates a birthing center or an abortion clinic that is not licensed under this chapter; or
(2) advertises the operation of a birthing center or an abortion clinic that is not licensed under this chapter;
commits a Class A misdemeanor.
* * *
ARTICLE 34. ABORTION
Chapter 1. Public Policy Concerning Performance of Abortions;
Use of Public Funds; Civil Actions
Sec. 1. Childbirth is preferred, encouraged, and supported over
Public funds; payment restricted
Sec. 2. Neither the state nor any political subdivision of the state
may make a payment from any fund under its control for the
performance of an abortion unless the abortion is necessary to
preserve the life of the pregnant woman. [This provision has been held to be unconstitutional and unenforceable to the extent that it denies assistance for abortion to pregnant women at serious risk of substantial and irreversible impairment of a major bodily function.]
Private or denominational hospitals; mandatory abortion services
Sec. 3. No private or denominational hospital shall be required to
permit its facilities to be utilized for the performance of abortions.
Physician or employee; mandatory participation in abortion
Sec. 4. No:
(1) physician; or
(2) employee or member of the staff of a hospital or other
facility in which an abortion may be performed;
shall be required to perform an abortion or to assist or participate in
the medical procedures resulting in or intended to result in an
abortion, if that individual objects to such procedures on ethical,
moral, or religious grounds.
Participation as condition of training, promotion, or privileges;
Sec. 5. No person shall be required, as a condition of training,
employment, pay, promotion, or privileges, to agree to perform or
participate in the performing of abortions.
Discrimination based upon moral beliefs; prohibition
Sec. 6. No hospital or other person shall discriminate against or
discipline a person because of the person's moral beliefs concerning
Sec. 7. A civil action for damages or reinstatement of
employment, or both, may be brought for any violation of sections 4
through 6 of this chapter.
Chapter 2. Requirements for Performance of Abortion; Criminal
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) 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.
(2) After the first trimester of pregnancy and before viability,
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 during the first trimester are present and adhered to;
(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), after viability of the
fetus 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 viability 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. [These provisions, (b)(1) and (b)(2), are unconstitutional and unenforceable]
Voluntary and informed consent required
(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 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 orally informed the pregnant woman of the following:
(A) The name of the physician performing the abortion.
(B) The nature of the proposed procedure or treatment.
(C) The risks of and alternatives to the procedure or treatment.
(D) The probable gestational age of the fetus, including an offer to provide:
(i) a picture or drawing of a fetus;
(ii) the dimensions of a fetus; and
(iii) relevant information on the potential survival of an
at this stage of development.
(E) The medical risks associated with carrying the fetus to term.
(F) 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.
(2) At least eighteen (18) hours before the abortion, the pregnant woman will be orally informed of the following:
(A) That medical assistance benefits may be available for prenatal care, childbirth, and neonatal care from the county office of family and children.
(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.
(3) The pregnant woman certifies in writing, before the abortion is performed, that the information required by subdivisions (1) and (2) has been provided.
(b) Before an abortion is performed, the pregnant woman may, upon the pregnant woman's request, view the fetal ultrasound imaging and hear the auscultation of the fetal heart tone if the fetal heart tone is audible.
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
(1) the woman's death; or
(2) a substantial and irreversible impairment of a major bodily
Responsibilities of attending physician
Sec. 2. It shall be the responsibility of the attending physician to
do the following:
(1) Determine in accordance with accepted medical standards
which trimester the pregnant woman receiving the abortion is
(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.
Viable fetus; requirements; preservation of life and health of viable
unborn child; certificates of birth and death; offense of failure to
preserve life; ward status of child
Sec. 3. (a) All abortions performed after a fetus is viable 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 a fetus is viable 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
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
county office of family and children.
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
may petition, on her own behalf or by next friend, the juvenile court
for a waiver of the parental consent requirement under subsection
(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
(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.
(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
Forms to be completed by physician; offenses
Sec. 5. (a) Every medical facility where abortions may be
performed shall be supplied with forms 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
provisions of the law. Such forms shall include, among other things,
(1) The age of the woman who is aborted.
(2) The place where the abortion is performed.
(3) The full name and address of the physicians performing the
(4) The name of the father if known.
(5) If after viability, the medical reason for the abortion.
(6) The medical procedure employed to administer the abortion.
(7) The mother's obstetrical history, including dates of other
abortions, if any.
(8) The results of pathological examinations if performed.
(9) Information as to whether the fetus was delivered alive.
(10) Records of all maternal deaths occurring within the health
facility where the abortion was performed.
(b) The form provided for in subsection (a) shall be completed by
the physician performing the abortion and shall be transmitted to the
state department not later than July 30 for each abortion performed
in the first six (6) months of that year and not later than January 30
for each abortion performed for the last six (6) months of the
preceding year. Each failure to file the form on time as required is a
Class B misdemeanor.
Experiments performed on aborted fetus prohibited
Sec. 6. No experiments except pathological examinations may be
conducted on any fetus aborted under this chapter, nor may any fetus
aborted be transported out of
A person who conducts such an experiment or so transports such a
fetus commits a Class A misdemeanor.
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 Class C 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
(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.
* * *
ARTICLE 20. FAMILY LAW: HUMAN
Public policy declaration
Sec. 1. The general assembly declares that it is against public
policy to enforce any term of a surrogate agreement that requires a
surrogate to do any of the following:
(1) Provide a gamete to conceive a child.
(2) Become pregnant.
(3) Consent to undergo or undergo an abortion.
(4) Undergo medical or psychological treatment or examination.
(5) Use a substance or engage in activity only in accordance
with the demands of another person.
(6) Waive parental rights or duties to a child.
(7) Terminate care, custody, or control of a child.
(8) Consent to a stepparent adoption under IC 31-19 (or
Sec. 2. A surrogate agreement described in section 1 of this
that is formed after
Best interests of child; basis for court decisions
concerning the best interests of a child in any civil action solely on
evidence that a surrogate and any other person:
(1) entered into a surrogate agreement; or
(2) acted in accordance with a surrogate agreement;
unless a party proves that the surrogate agreement was entered into
through duress, fraud, or misrepresentation.
* * *
ARTICLE 39. JUVENILE LAW: JUVENILE
Chapter 1. Confidentiality of Juvenile Court Records
Application of chapter
Sec. 1. (a) This chapter applies to all records of the juvenile court
except the following:
(1) Records involving an adult charged with a crime or criminal
contempt of court.
(2) Records involving a pregnant minor or her physician
seeking a waiver of the requirement under IC 35-1-58.5-2.5
(before its repeal) or IC 16-34-2-4 that a physician who
performs an abortion on an unemancipated minor first obtain
the written consent of the minor's parent or guardian.
(b) The legal records subject to this chapter include the following:
(1) Chronological case summaries.
(2) Index entries.
Confidentiality and access to juvenile court records
Sec. 2. All juvenile court records subject to this chapter are
confidential and are available only in accordance with IC 31-39-2.
The court shall take appropriate actions to protect juvenile court
records governed by this chapter from unauthorized disclosure.
* * *
ARTICLE 42. OFFENSES AGAINST THE PERSON
Chapter 1. Homicide
Sec. 0.5. Sections 1, 3, and 4 of this chapter do not apply to an
abortion performed in compliance with:
(1) IC 16-34; or
(2) IC 35-1-58.5 (before its repeal).
Sec. 1. A person who:
(1) knowingly or intentionally kills another human being;
(2) kills another human being while committing or attempting
to commit arson, burglary, child molesting, consumer product
tampering, criminal deviate conduct, kidnapping, rape, robbery,
(3) kills another human being while committing or attempting
(A) dealing in or manufacturing cocaine, a narcotic drug, or
methamphetamine (IC 35-48-4-1);
(B) dealing in a schedule I, II, or III controlled substance (IC
(C) dealing in a schedule IV controlled substance (IC
(D) dealing in a schedule V controlled substance; or
(4) knowingly or intentionally kills a fetus that has attained
viability (as defined in IC 16-18-2-365);
commits murder, a felony.
405 IAC 5-28-7 Abortion
* * *
Sec. 7. Medicaid reimbursement is available for abortions only if performed to preserve the life of the pregnant woman or in
other circumstances if the abortion is required to be covered by Medicaid under federal law. Termination of an ectopic pregnancy
is not considered an abortion. All appropriate documentation must be attached to the claim and to claims for directly related services
before reimbursement shall be made. [This provision has been held to be unconstitutional and unenforceable to the extent that it denied assistance for abortion to pregnant women at serious risk of substantial and irreversible impairment of a major bodily function.]
* * *