§ 16-34-2-1 — Required circumstances of legal abortion

Indiana § 16-34-2-1

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 34: ABORTION
• Ch. 2: Requirements for Performance of Abortion; Criminal

Text

(a) Abortion shall in all instances be a criminal
act, except when performed under the following circumstances:
(1) Except as prohibited in IC 16-34-4, before the earlier of
viability of the fetus or twenty (20) weeks of postfertilization age
of the fetus, if:
(A) for reasons based upon the professional, medical judgment
of the pregnant woman's physician, if either:
(i) the abortion is necessary when reasonable medical
judgment dictates that performing the abortion is necessary
to prevent any serious health risk to the pregnant woman or
to save the pregnant woman's life; or
(ii) the fetus is diagnosed with a lethal fetal anomaly;
(B) the abortion is performed by the physician in a hospital
licensed under IC 16-21 or an ambulatory outpatient surgical
center (as defined in IC 16-18-2-14) that has a majority
ownership by a hospital licensed under IC 16-21;
(C) 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;
(D) 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; and
(E) before the abortion, the attending physician shall certify in
writing to the hospital or ambulatory outpatient surgical center
in which the abortion is to be performed, that:
(i) in the attending physician's reasonable medical judgment,
performing the abortion is necessary to prevent any serious
health risk to the pregnant woman or to save the pregnant
woman's life; or
(ii) the fetus has been diagnosed with a lethal fetal anomaly.
All facts and reasons supporting the certification shall be set
forth by the physician in writing and attached to the certificate.
However, under this article, an abortion inducing drug may not be
dispensed, prescribed, administered, or otherwise given to a
pregnant woman after eight (8) weeks of postfertilization age. A
physician must dispense the abortion inducing drug in person and
have the pregnant woman consume the drug in the presence of the
physician. A physician shall examine a pregnant woman in person
before prescribing or dispensing an abortion inducing drug. The
physician shall provide the pregnant woman with a copy of the
manufacturer's instruction sheets and require that the pregnant
woman sign the manufacturer's patient agreement form. A
physician shall also provide, orally and in writing, along with
other discharge information, the following statement: "Some
evidence suggests that the effects of Mifepristone 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
Internet web site and corresponding hotline number)." The
physician shall retain a copy of the signed patient agreement
form, and the signed physician's agreement form required by the
manufacturer, in the patient's file. As used in this subdivision, "in
person" does not include the use of telehealth or telemedicine
services.
(2) Except as prohibited by IC 16-34-4, during the first ten (10)
weeks of postfertilization age of the fetus, if:
(A) the pregnancy is a result of rape or incest;
(B) all the circumstances and provisions required for legal
abortion set forth in subdivision (1)(C) through (1)(D) are
present and adhered to;
(C) the abortion is performed in a hospital licensed under IC 16-21 or ambulatory outpatient surgical center (as defined in IC 16-18-2-14) that has a majority ownership by a hospital
licensed under IC 16-21; and
(D) before the abortion, the attending physician shall certify in
writing to the ambulatory outpatient surgical center or hospital
in which the abortion is to be performed, after proper
examination, the abortion is being performed at the woman's
request because the pregnancy is the result of rape or incest. All
facts and reasons supporting the certification shall be set forth
by the physician in writing and attached to the certificate.
(3) Except as provided in subsection (b) or as prohibited by IC 16-34-4, at the earlier of viability of the fetus or twenty (20)
weeks of postfertilization age and any time after, for reasons
based upon the professional, medical judgment of the pregnant
woman's physician if:
(A) based on reasonable medical judgment, performing the
abortion is necessary to prevent any serious health risk to the
pregnant woman or to save the pregnant woman's life;
(B) all the circumstances and provisions required for legal
abortion set forth in subdivision (1)(C) through (1)(D) are
present and adhered to;
(C) the abortion is performed in a hospital licensed under IC 16-21;
(D) the abortion is performed in compliance with section 3 of
this chapter; and
(E) 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 reasonable medical judgment,
performing the abortion is necessary to prevent any serious
health risk to the pregnant woman or to save the pregnant
woman's life. 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.
(c) A person may not knowingly or intentionally perform a
dismemberment abortion unless reasonable medical judgment dictates
that performing the dismemberment abortion is necessary:
(1) to prevent any serious health risk to the mother; or
(2) to save the mother's life.
(d) Telehealth and telemedicine may not be used to provide any
abortion, including the writing or filling of a prescription for any
purpose that is intended to result in an abortion.
[Pre-1993 Recodification Citation: 35-1-58.5-2.]

Legislative History

As added by P.L.2-1993, SEC.17. Amended by P.L.145-1997, SEC.2; P.L.193-2011, SEC.8; P.L.136-2013, SEC.5; P.L.213-2016, SEC.13; P.L.205-2018, SEC.7; P.L.93-2019, SEC.3; P.L.218-2021, SEC.4; P.L.179-2022(ss), SEC.21.