(a)Every health care provider who performs a
surgical abortion or provides, prescribes, administers, or dispenses an
abortion inducing drug for the purposes of inducing an abortion shall
report the performance of the abortion or the provision, prescribing,
administration, or dispensing of an abortion inducing drug on a form
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
Indiana to assure the abortions are done only under the authorized
provisions of the law. For each abortion performed and abortion
inducing drug provided, prescribed, administered, or dispense
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(a) Every health care provider who performs a
surgical abortion or provides, prescribes, administers, or dispenses an
abortion inducing drug for the purposes of inducing an abortion shall
report the performance of the abortion or the provision, prescribing,
administration, or dispensing of an abortion inducing drug on a form
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
Indiana to assure the abortions are done only under the authorized
provisions of the law. For each abortion performed and abortion
inducing drug provided, prescribed, administered, or dispensed, the
report shall include, among other things, the following:
(1) The age of the patient.
(2) Whether a waiver of consent under section 4 of this chapter
was obtained.
(3) Whether a waiver of notification under section 4 of this
chapter was obtained.
(4) The date and location, including the facility name and city or
town, where the:
(A) pregnant woman:
(i) provided consent; and
(ii) received all information;
required under section 1.1 of this chapter; and
(B) abortion was performed or the abortion inducing drug was
provided, prescribed, administered, or dispensed.
(5) The health care provider's full name and address, including the
name of the physicians performing the abortion or providing,
prescribing, administering, or dispensing the abortion inducing
drug.
(6) The city and county where the pregnancy termination
occurred.
(7) The age of the father, or the approximate age of the father if
the father's age is unknown.
(8) The patient's county and state of residence.
(9) The marital status of the patient.
(10) The educational level of the patient.
(11) The race of the patient.
(12) The ethnicity of the patient.
(13) The number of the patient's previous live births.
(14) The number of the patient's deceased children.
(15) The number of the patient's spontaneous pregnancy
terminations.
(16) The number of the patient's previous induced terminations.
(17) The date of the patient's last menses.
(18) The physician's determination of the gestation of the fetus in
weeks.
(19) The reason for the abortion.
(20) Whether the patient indicated that the patient was seeking an
abortion as a result of being:
(A) abused;
(B) coerced;
(C) harassed; or
(D) trafficked.
(21) The following information concerning the abortion or the
provision, prescribing, administration, or dispensing of the
abortion inducing drug:
(A) The postfertilization age of the fetus (in weeks).
(B) The manner in which the postfertilization age was
determined.
(C) The gender of the fetus, if detectable.
(D) Whether the fetus has been diagnosed with or has a
potential diagnosis of having Down syndrome or any other
disability.
(E) If after the earlier of the time the fetus obtains viability or
the time the postfertilization age of the fetus is at least twenty
(20) weeks, the medical reason for the performance of the
abortion.
(22) For a surgical abortion, the medical procedure used for the
abortion and, if the fetus had a postfertilization age of at least
twenty (20) weeks:
(A) whether the procedure, in the reasonable judgment of the
health care provider, gave the fetus the best opportunity to
survive;
(B) the basis for the determination that the pregnant woman had
a condition described in this chapter that required the abortion
to avert the death of or serious impairment to the pregnant
woman; and
(C) the name of the second doctor present, as required under IC 16-34-2-3(a)(3).
(23) For a nonsurgical abortion, the precise drugs provided,
prescribed, administered, or dispensed, and the means of delivery
of the drugs to the patient.
(24) For a nonsurgical abortion, that the manufacturer's
instructions were provided to the patient and that the patient
signed the patient agreement.
(25) For an abortion performed before twenty (20) weeks of
postfertilization age of the fetus, the medical indication by
diagnosis code for the fetus and the mother.
(26) The mother's obstetrical history, including dates of other
abortions, if any.
(27) Any preexisting medical conditions of the patient that may
complicate the abortion.
(28) The results of pathological examinations if performed.
(29) For a surgical abortion, whether the fetus was delivered
alive, and if so, how long the fetus lived.
(30) Records of all maternal deaths occurring at the location
where the abortion was performed or the abortion inducing drug
was provided, prescribed, administered, or dispensed.
(31) The date the form was transmitted to the state department
and, if applicable, separately to the department of child services.
(b) The health care provider shall complete the form provided for in
subsection (a) and shall transmit the completed form to the state
department, in the manner specified on the form, within thirty (30) days
after the date of each abortion. However, if an abortion is for a female
who is less than sixteen (16) years of age, the health care provider shall
transmit the form to the state department and separately to the
department of child services within three (3) days after the abortion is
performed.
(c) The dates supplied on the form may not be redacted for any
reason before the form is transmitted as provided in this section.
(d) Each failure to complete or timely transmit a form, as required
under this section, for each abortion performed or abortion inducing
drug that was provided, prescribed, administered, or dispensed, is a
Class B misdemeanor.
(e) On a quarterly basis, the state department shall compile a public
report providing the following:
(1) Statistics for the previous calendar quarter from the
information submitted under this section.
(2) Statistics for previous calendar years compiled by the state
department under this subsection, with updated information for
the calendar quarter that was submitted to the state department
after the compilation of the statistics.
The state department shall ensure that no identifying information of a
pregnant woman is contained in the report.
(f) The state department shall:
(1) summarize aggregate data from all data submitted under this
section; and
(2) submit the data, before July 1 of each year, to the United
States Centers for Disease Control and Prevention for its inclusion
in the annual Vital Statistics Report.
[Pre-1993 Recodification Citation: 35-1-58.5-5.]