S.E.A. 404, P.L. 173
Effective: July 1, 2017
- Defines “parent or legal guardian or custodian”. Prohibits the state or an agency of the state from consenting to the abortion of a pregnant minor unless the life or health of the pregnant minor is endangered.
- Specifies that before performing an abortion on an unemancipated pregnant minor, a physician must first obtain from a parent, legal guardian, or custodian accompanying the unemancipated pregnant minor seeking an abortion: (1) written consent; (2) proof of identification; and (3) evidence of the relationship between the parent, legal guardian, or custodian and the unemancipated minor.
- Adds a parentalnotification requirement subject to judicial waiver for an abortion performed on an unemancipated pregnant minor.
- Specifies who may bring an action against a person who aids or assists a pregnant minor in obtaining an unlawful abortion, and who may be named as a defendant.
- Prohibits a person from aiding or assisting an unemancipated pregnant minor in obtaining an abortion under certain circumstances and authorizes the award of civil damages for a violation.
- Requires a physician who receives written consent for an unemancipated pregnant minor to have an abortion to execute an affidavit for inclusion in the unemancipated pregnant minor’s medical record.
- Makes it a Level 6 felony for a person to falsely claim to be the parent or legal guardian or custodian of a pregnant minor with intent to circumvent parental notification requirements.
- Authorizes certain persons to seek an injunction for certain acts that would aid or assist an unemancipated pregnant woman in obtaining an abortion without parental consent.
- Specifies reporting requirements and the consequences of failing to comply with reporting requirements. Permits suspension of a physician’s license under certain circumstances.
- Provides that a health care practitioner is subject to disciplinary sanctions for failure to report suspected: (1) child abuse in accordance with the mandatory reporting requirements; or (2) human trafficking, if there is evidence that a patient is the victim of human trafficking and a practitioner with a similar background would believe that the patient is a victim of human trafficking.
- Permits the medical licensing board to revoke a physician’s license if the physician: (1) fails to transmit a form regarding an abortion performed on a female who is less than 16 years of age; and (2) performs an abortion with the intent to avoid the requirements of state law.
- Instructs the State Department of Health to adopt additional rules relating to abortion clinics.
- Requires a pregnancy termination report with respect to an abortion performed on a patient who is at least 16 years of age to be transmitted to the State Department of Health within 30 days after the date of the abortion rather than on the semiannual basis required under current law.
The full law is available at: https://iga.in.gov/legislative/2017/bills/senate/404