Indiana Code 16-34-2-5. Report requirement per abortion; required information; time frame; penalty; quarterly public report; prohibition on identifying information
(1) The age of the patient.
Attorney's Note
Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B misdemeanor | up to 180 days | up to $1,000 |
Terms Used In Indiana Code 16-34-2-5
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(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.]
As added by P.L.2-1993, SEC.17. Amended by P.L.74-2011, SEC.1; P.L.193-2011, SEC.15; P.L.6-2012, SEC.120; P.L.92-2015, SEC.5; P.L.213-2016, SEC.16; P.L.173-2017, SEC.6; P.L.205-2018, SEC.10; P.L.218-2021, SEC.7; P.L.179-2022(ss), SEC.27; P.L.56-2023, SEC.154.