Indiana Code
Chapter 2. Licensure of Hospitals
16-21-2-2.5. Adoption of Rules Concerning Birthing Centers and Abortion Clinics; Penalty for Operating or Advertising the Operation of an Unlicensed Birthing Center or Abortion Clinic

Note: This version of section effective until 9-15-2022. See also following version of this section, effective 9-15-2022.
Sec. 2.5. (a) The state department shall adopt rules under IC 4-22-2 to do the following concerning birthing centers and abortion clinics:
(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) Procedures to monitor patients after the administration of anesthesia.
(F) Procedures to provide follow-up care for patient complications.
(G) Quality assurance standards.
(H) Infection control.
(I) Provision of informed consent brochures, as described in IC 16-34-2-1.5, in English, Spanish, and a third language determined by the state department, inside abortion clinics.
(J) Provision of a hotline telephone number that provides assistance for patients who are:
(i) coerced into an abortion; or
(ii) victims of sex trafficking.
(K) Annual training by law enforcement officers on identifying and assisting women who are:
(i) coerced into an abortion; or
(ii) victims of sex trafficking.
(3) Prescribe the operating policies, supervision, and maintenance of medical records, including the requirement that all forms that require a patient signature be stored in the patient's medical record.
(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.
(6) Prescribe procedures for:
(A) implementing a plan of correction to address any violations of any provision of this chapter or any rules adopted under this chapter; and
(B) implementing a system for the state department to follow if the abortion clinic or birthing center fails to comply with the plan of correction described in clause (A) and disciplinary action is needed.
(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.
(c) Not later than January 1, 2019, the state department shall:
(1) adopt separate rules under IC 4-22-2, including those required under subsection (a), for existing and future abortion clinics that perform only surgical abortions;
(2) adopt separate rules under IC 4-22-2, including those required under subsection (a), for existing and future abortion clinics that perform abortions only through the provision of an abortion inducing drug; and
(3) establish procedures regarding the issuance of licenses to existing and future abortion clinics that:
(A) perform only surgical abortions;
(B) perform abortions only through the provision of an abortion inducing drug; or
(C) perform both surgical abortions and abortions through the provision of abortion inducing drugs.
(d) A rule or emergency rule adopted under subsection (c)(1), (c)(2), or (c)(3) applies, respectively, to every abortion clinic of the type described in subsection (c)(1), (c)(2), or (c)(3), regardless of the date of adoption of the rule or emergency rule.
(e) Before January 1, 2019, the state department shall adopt emergency rules in the manner provided under IC 4-22-2-37.1 to carry out the duties established in this section under the following:
(1) Subsection (a)(2)(E).
(2) Subsection (a)(2)(F).
(3) Subsection (a)(2)(I).
(4) Subsection (a)(2)(J).
(5) Subsection (a)(2)(K).
(6) Subsection (a)(3).
(7) Subsection (a)(5).
(8) Subsection (a)(6).
This subsection expires July 1, 2019.
As added by P.L.96-2005, SEC.7. Amended by P.L.136-2013, SEC.4; P.L.92-2015, SEC.4; P.L.173-2017, SEC.2; P.L.205-2018, SEC.4.