reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 16. Health › Article 33. Special Institutions › Chapter 4. Indiana Soldiers' and Sailors' Children's Home › 16-33-4-4. Member of the Armed Forces Defined

Sec. 4. As used in this chapter, "member of the armed forces" means a person who:
(1) is on active duty in the armed forces of the United States;
(2) has:
(A) served on active duty in the armed forces of the United States during any of its wars, including the Korean War, for not less than ninety (90) days; or
(B) while on active duty in the armed forces of the United States:
(i) suffered a service connected disability necessitating discharge; or
(ii) died in the line of duty;
before the completion of ninety (90) days of service if the person has received a discharge or certificate of service other than dishonorable from the armed forces of the United States, or the survivors of the person have received a letter of mourning or certificate of death in case of death in the armed forces of the United States; or
(3) has:
(A) served on active duty in any of the authorized campaigns or declared emergencies of the United States as evidenced by an award of authorized decorations for service outside the continental limits; and
(B) received a discharge other than dishonorable, or the survivors of the person have received a letter of mourning or certificate of death in the case of death in the armed forces.
[Pre-1993 Recodification Citation: 16-6.5-5-3.]
As added by P.L.2-1993, SEC.16.
2023 Indiana Code › Title 16. Health › Article 33. Special Institutions › Chapter 4. Indiana Soldiers' and Sailors' Children's Home › 16-33-4-5. Establishment

Sec. 5. The Indiana Soldiers' and Sailors' Children's Home is established as a state residential school and home for the care of Indiana children who are in need of residential care and would qualify for educational service. Preference shall be given to the admission of children of members of the armed forces and children of families of veterans who meet these admission criteria. A child who requires residential placement in a secure facility (as defined in IC 31-9-2-114), a juvenile detention facility, or a detention center for the safety of the child or others may not be placed at the home.
[Pre-1993 Recodification Citation: 16-6.5-5-4.]
As added by P.L.2-1993, SEC.16. Amended by P.L.142-1995, SEC.16; P.L.55-1997, SEC.7.
2023 Indiana Code › Title 16. Health › Article 33. Special Institutions › Chapter 4. Indiana Soldiers' and Sailors' Children's Home › 16-33-4-6. Administration

Sec. 6. The state department shall administer the home. The state health commissioner has administrative control and responsibility for the home.
[Pre-1993 Recodification Citation: 16-6.5-5-5.]
As added by P.L.2-1993, SEC.16.
2023 Indiana Code › Title 16. Health › Article 33. Special Institutions › Chapter 4. Indiana Soldiers' and Sailors' Children's Home › 16-33-4-7. Superintendent; Appointment; Qualifications

Sec. 7. (a) Except as provided in subsection (b), the superintendent of the home shall be appointed in the manner prescribed by law and must meet all of the following conditions:
(1) Be a teacher licensed by the state or have at least a baccalaureate degree from an accredited college or university in a field related to education or child growth and development.
(2) Have experience working with children.
(3) At the time of appointment, be a resident and citizen of Indiana.
(4) Have other qualifications as required by the state health commissioner.
(b) When at least two (2) candidates meet the conditions listed in subsection (a), the state health commissioner shall give preference to individuals who have been honorably discharged after service in the armed forces of the United States in appointing a candidate to the position of superintendent of the home.
[Pre-1993 Recodification Citation: 16-6.5-5-6.]
As added by P.L.2-1993, SEC.16. Amended by P.L.105-2002, SEC.1.
2023 Indiana Code › Title 16. Health › Article 33. Special Institutions › Chapter 4. Indiana Soldiers' and Sailors' Children's Home › 16-33-4-8. Superintendent; Powers and Duties

Sec. 8. The superintendent of the home, subject to the approval of the state health commissioner:
(1) has charge and management of the home;
(2) shall direct the care, education, and maintenance of the children of the home; and
(3) is the chief appointing authority for all employees necessary to properly conduct and operate the home.
[Pre-1993 Recodification Citation: 16-6.5-5-7.]
As added by P.L.2-1993, SEC.16.
2023 Indiana Code › Title 16. Health › Article 33. Special Institutions › Chapter 4. Indiana Soldiers' and Sailors' Children's Home › 16-33-4-9. Education or Training of Children of Home; Requirements

Sec. 9. (a) The children of the home shall be:
(1) taught and treated in a manner that promotes the children's physical, intellectual, and moral improvement; and
(2) trained in habits of industry, studiousness, and morality.
(b) The superintendent of the home:
(1) shall afford to the children of the home literary, art, technical, and industrial education as can reasonably be provided;
(2) may conduct a school at the home, which must be accredited, or may otherwise arrange for the education of the children in county reorganized schools near the institution; and
(3) shall make certain that a child attending a county school receives instruction that is not inferior in any respect to the curriculum offered in a school possessing a first class commission from the state.
(c) If a school is maintained at the home, the superintendent shall do the following:
(1) Cause to be provided the proper educational materials for use in the school.
(2) Employ the necessary teachers.
(d) A person who teaches in a department of the school must be qualified and properly certified by the Indiana state board of education.
[Pre-1993 Recodification Citation: 16-6.5-5-17.]
As added by P.L.2-1993, SEC.16.
2023 Indiana Code › Title 16. Health › Article 33. Special Institutions › Chapter 4. Indiana Soldiers' and Sailors' Children's Home › 16-33-4-10. Vocational School; Establishment and Maintenance on Grounds of Home; Financing

Sec. 10. (a) The superintendent shall establish and maintain a vocational school on the grounds of the home and maintain suitable facilities in which vocational trades and arts are taught.
(b) The superintendent may utilize donated money or state money without limitation to finance vocational construction projects that are:
(1) authorized by the budget agency; and
(2) in accordance with designs approved by the public works division of the Indiana department of administration.
[Pre-1993 Recodification Citation: 16-6.5-5-18.]
As added by P.L.2-1993, SEC.16. Amended by P.L.142-1995, SEC.17.
2023 Indiana Code › Title 16. Health › Article 33. Special Institutions › Chapter 4. Indiana Soldiers' and Sailors' Children's Home › 16-33-4-11. Admission of Children as Residents of Home; Requirements

Sec. 11. (a) After an adequate investigation as determined by the superintendent of the home or the superintendent's designee, including consideration of appropriateness of placement, and with the approval of the state health commissioner or the commissioner's designee, the superintendent of the home shall receive as a resident in the home a child if the child meets the requirements under subsection (b).
(b) Before the child may be received as a resident in the home under subsection (a) the child must meet the following requirements:
(1) The parent or parents of the child are Indiana residents immediately before application or the child is physically present in Indiana immediately before application.
(2) The child is at least three (3) years of age but less than eighteen (18) years of age.
(3) The child is in need of residential care and education.
(c) If the applications of all children of members of the armed forces have been considered and space is available, the superintendent of the home may, if a child meets the requirements under subsection (b), receive as residents in the home the:
(1) grandchildren;
(2) stepchildren;
(3) brothers;
(4) sisters;
(5) nephews; and
(6) nieces;
of members of the armed forces who are in need of residential care and education.
(d) If the applications of all children eligible for residence under subsections (a) through (c) have been considered and if space is available, the superintendent may accept for residence children referred:
(1) by the department of child services established by IC 31-25-1-1; or
(2) by the division of special education established by IC 20-35-2-1;
subject to an adequate investigation as determined by the superintendent of the home or the superintendent's designee, including a consideration of appropriateness of placement, and the approval of the state health commissioner or the commissioner's designee.
[Pre-1993 Recodification Citation: 16-6.5-5-8.]
As added by P.L.2-1993, SEC.16. Amended by P.L.142-1995, SEC.18; P.L.55-1997, SEC.8; P.L.253-1997(ss), SEC.18; P.L.105-2002, SEC.2; P.L.1-2005, SEC.147; P.L.145-2006, SEC.136; P.L.1-2007, SEC.135.
2023 Indiana Code › Title 16. Health › Article 33. Special Institutions › Chapter 4. Indiana Soldiers' and Sailors' Children's Home › 16-33-4-12. Application for Admission to Home; Requisites

Sec. 12. (a) An application for admission to the home may be made by a responsible parent, a guardian, a representative of the court, or the department of child services.
(b) If an application is submitted by a person other than a responsible parent or guardian, the superintendent of the home shall cooperate with the department of child services to ensure that an appropriate case study is made upon application and continued throughout the period the child resides at the home.
[Pre-1993 Recodification Citation: 16-6.5-5-9.]
As added by P.L.2-1993, SEC.16. Amended by P.L.4-1993, SEC.237; P.L.5-1993, SEC.250; P.L.142-1995, SEC.19; P.L.145-2006, SEC.137; P.L.146-2008, SEC.437.
2023 Indiana Code › Title 16. Health › Article 33. Special Institutions › Chapter 4. Indiana Soldiers' and Sailors' Children's Home › 16-33-4-13. Care, Control, and Training of Children; Responsibilities

Sec. 13. (a) The superintendent is responsible for the care, control, and training of children admitted to and living in the home from the day a child is admitted to the home until the child is:
(1) eighteen (18) years of age; or
(2) discharged from the home.
(b) The superintendent shall make certain in the case of every child in the home that:
(1) there is a responsible parent;
(2) there is a responsible relative; or
(3) if a responsible parent or relative is not available, the child is a ward of the department of child services from which there is a representative;
who is regularly and frequently concerned with the welfare of the child.
(c) If:
(1) the parent or parents have been deprived of the custody and control of a child by order of the court; and
(2) custody has been given by the court to the department of child services;
the wardship shall be retained by the department of child services.
[Pre-1993 Recodification Citation: 16-6.5-5-11.]
As added by P.L.2-1993, SEC.16. Amended by P.L.4-1993, SEC.238; P.L.5-1993, SEC.251; P.L.146-2008, SEC.438.
2023 Indiana Code › Title 16. Health › Article 33. Special Institutions › Chapter 4. Indiana Soldiers' and Sailors' Children's Home › 16-33-4-14. Placement of Child Upon Admission; Removal or Discharge of Child

Sec. 14. (a) Either parent, a guardian, a relative, or the department of child services applying for the admission of a child to the home shall, in securing admittance of the child, place the child in the home for the length of time determined to be in the best interests of the child.
(b) A child shall be returned at any time to the:
(1) parent or parents;
(2) relative; or
(3) department of child services that placed the child in the home;
if removal of the child from the home is applied for upon written application. The superintendent may require not more than thirty (30) days notice when a discharge is requested.
(c) If the superintendent finds that a child does not adjust to institutional living or is not educable, the superintendent:
(1) may:
(A) with the approval of the state health commissioner; and
(B) upon proper notification;
discharge the child to the applicant placing the child in the home; and
(2) shall cooperate with the department of child services for further disposition of the case as necessary.
[Pre-1993 Recodification Citation: 16-6.5-5-14.]
As added by P.L.2-1993, SEC.16. Amended by P.L.4-1993, SEC.239; P.L.5-1993, SEC.252; P.L.142-1995, SEC.20; P.L.146-2008, SEC.439.
2023 Indiana Code › Title 16. Health › Article 33. Special Institutions › Chapter 4. Indiana Soldiers' and Sailors' Children's Home › 16-33-4-15. Removal or Other Placement of Child; Approval

Sec. 15. A child admitted to the home may not be permanently removed from the home and placed elsewhere without the express approval of the:
(1) parent or parents who;
(2) guardian who;
(3) relative who; or
(4) department of child services that;
applied for admission of the child to the home.
[Pre-1993 Recodification Citation: 16-6.5-5-15.]
As added by P.L.2-1993, SEC.16. Amended by P.L.4-1993, SEC.240; P.L.5-1993, SEC.253; P.L.142-1995, SEC.21; P.L.146-2008, SEC.440.
2023 Indiana Code › Title 16. Health › Article 33. Special Institutions › Chapter 4. Indiana Soldiers' and Sailors' Children's Home › 16-33-4-16. Visitation

Sec. 16. Either parent, a guardian, a relative, a representative of the department of child services, or other person approved by the superintendent may visit a child being maintained in the home at times or places the superintendent prescribes.
[Pre-1993 Recodification Citation: 16-6.5-5-16.]
As added by P.L.2-1993, SEC.16. Amended by P.L.4-1993, SEC.241; P.L.5-1993, SEC.254; P.L.142-1995, SEC.22; P.L.146-2008, SEC.441.
2023 Indiana Code › Title 16. Health › Article 33. Special Institutions › Chapter 4. Indiana Soldiers' and Sailors' Children's Home › 16-33-4-17.5. Reimbursement for Costs of Services Ordered by Juvenile Court; Nonresident Child

Sec. 17.5. (a) In the case of a child who is:
(1) adjudicated to be a delinquent child or child in need of services by a juvenile court; and
(2) placed by or with the consent of the department of child services in the home;
the department of child services shall reimburse the cost of services provided to the child, including related transportation costs, and any cost incurred by a county where the home is located to transport or detain the child before the child is adjudicated to be a delinquent child or child in need of services.
(b) The department of child services shall reimburse and pay costs under this section.
(c) The department of child services may require the parent or guardian of the child, other than a parent, guardian, or custodian associated with the home, to reimburse the department for an amount paid under this section.
(d) A child who is admitted to the home does not become a resident of the county where the home is located.
(e) When an unemancipated child is released from the home, the department of child services is responsible for transporting the child to the parent or guardian of the child. If a parent or guardian does not exist for an unemancipated child released from the home, the department of child services shall obtain custody of the child.
As added by P.L.55-1997, SEC.9. Amended by P.L.146-2008, SEC.443.
2023 Indiana Code › Title 16. Health › Article 33. Special Institutions › Chapter 4. Indiana Soldiers' and Sailors' Children's Home › 16-33-4-18. Maintenance Charges and Agreements; Enforcement

Sec. 18. (a) The attorney general shall, upon notification by the superintendent of the home through the state health commissioner, bring suit in the name of the state of Indiana on behalf of the superintendent of the home against the estate of a person failing to make payments as required in this chapter.
(b) If a judgment is obtained under this section, the judgment constitutes a lien against that part of the estate of a person as described in the complaint.
(c) The attorney general may bring suit against the parent or parents or legal guardian of a child for failure to comply with the maintenance agreement established or for failure to make an agreement. Suit may be brought for the amount due the state for the maintenance charges of the child. The court may order the payment of amounts due for maintenance charges for a period of time as the circumstances require. The order may be entered against any or all of the defendants and may be based upon the proportionate ability of each defendant to contribute to the payment of amounts representing maintenance charges. Orders for the payment of money may be enforced by attachment as in contempt proceedings against the persons of the defendants, and in addition as other judgments at law, and costs may be adjudged against and apportioned among the defendants.
[Pre-1993 Recodification Citation: 16-6.5-5-13.]
As added by P.L.2-1993, SEC.16.
2023 Indiana Code › Title 16. Health › Article 33. Special Institutions › Chapter 4. Indiana Soldiers' and Sailors' Children's Home › 16-33-4-19. Maintenance of Home and Grounds; Cultivation of Connected Lands; Assistance of Children

Sec. 19. (a) The superintendent shall do the following:
(1) Cause the grounds of the home to be:
(A) kept in proper order; and
(B) ornamented with trees, shrubs, and flowers.
(2) Provide and maintain conservatories or greenhouses.
(b) The superintendent:
(1) may have any suitable land connected with the home cultivated for the use and benefit of the home; and
(2) shall have the children in the home assist in the work.
[Pre-1993 Recodification Citation: 16-6.5-5-19(a), (b).]
As added by P.L.2-1993, SEC.16.
2023 Indiana Code › Title 16. Health › Article 33. Special Institutions › Chapter 4. Indiana Soldiers' and Sailors' Children's Home › 16-33-4-20. Housekeeping, Manufacturing and Repair of Clothing, and Other Necessary Services; Assistance of Children

Sec. 20. The superintendent shall have the children in the home assist in the following:
(1) Housekeeping services of the home.
(2) Manufacture and repair of the clothing of children.
(3) The provision of services necessary for the home.
[Pre-1993 Recodification Citation: 16-6.5-5-19(c).]
As added by P.L.2-1993, SEC.16.
2023 Indiana Code › Title 16. Health › Article 33. Special Institutions › Chapter 4. Indiana Soldiers' and Sailors' Children's Home › 16-33-4-21. Labor, Service, and Study Prescribed for Children; Consideration Given Proper Education and Training of Children

Sec. 21. In prescribing labor, service, and study for the children of the home, the superintendent shall consider the proper education and training of the children.
[Pre-1993 Recodification Citation: 16-6.5-5-19(d).]
As added by P.L.2-1993, SEC.16.
2023 Indiana Code › Title 16. Health › Article 33. Special Institutions › Chapter 4. Indiana Soldiers' and Sailors' Children's Home › 16-33-4-22. Gifts, Legacies, Devises, and Conveyances

Sec. 22. The superintendent may, subject to IC 4-24-3-2, receive for the use of the home:
(1) gifts;
(2) legacies;
(3) devises; and
(4) conveyances of real and personal property;
that are made, given, or granted to or for the home or in the name of the home.
[Pre-1993 Recodification Citation: 16-6.5-5-20.]
As added by P.L.2-1993, SEC.16.
2023 Indiana Code › Title 16. Health › Article 33. Special Institutions › Chapter 4. Indiana Soldiers' and Sailors' Children's Home › 16-33-4-23. Employee Wage Payment Arrangements

Sec. 23. (a) Notwithstanding IC 22-2-5-2, the home and:
(1) an employee if there is no representative described under subdivision (2) or (3) for that employee;
(2) the exclusive representative of its certificated employees with respect to those employees; or
(3) a labor organization representing its noncertificated employees with respect to those employees;
may agree in writing to a wage payment arrangement.
(b) A wage payment arrangement under subsection (a) may provide that compensation earned during a school year may be paid:
(1) using equal installments or any other method; and
(2) over:
(A) all or part of that school year; or
(B) any other period that begins not earlier than the first day of that school year and ends not later than thirteen (13) months after the wage payment arrangement period begins.
Such an arrangement may provide that compensation earned in a calendar year is paid in the next calendar year, so long as all the compensation is paid within the thirteen (13) month period beginning with the first day of the school year.
(c) A wage payment arrangement under subsection (a) must be structured in such a manner so that it is not considered:
(1) a nonqualified deferred compensation plan for purposes of Section 409A of the Internal Revenue Code; or
(2) deferred compensation for purposes of Section 457(f) of the Internal Revenue Code.
(d) Absent an agreement under subsection (a), the home remains subject to IC 22-2-5-1.
(e) Wage payments required under a wage payment arrangement entered into under subsection (a) are enforceable under IC 22-2-5-2.
(f) If an employee leaves employment for any reason, either permanently or temporarily, the amount due the employee under IC 22-2-5-1 and IC 22-2-9-2 is the total amount of the wages earned and unpaid.
(g) Employment with the home may not be conditioned upon the acceptance of a wage payment arrangement under subsection (a).
(h) An employee may revoke a wage payment arrangement under subsection (a) at the beginning of each school year.
As added by P.L.41-2009, SEC.3.
2023 Indiana Code › Title 16. Health › Article 34. Abortion › Chapter 1. Public Policy Concerning Performance of Abortions; Use of Public Funds; Civil Actions › 16-34-1-0.5. Nonapplicability to in Vitro Fertilization

Sec. 0.5. This article does not apply to in vitro fertilization.
As added by P.L.179-2022(ss), SEC.17.
2023 Indiana Code › Title 16. Health › Article 34. Abortion › Chapter 1. Public Policy Concerning Performance of Abortions; Use of Public Funds; Civil Actions › 16-34-1-1. Childbirth Preferred

Sec. 1. Childbirth is preferred, encouraged, and supported over abortion.
[Pre-1993 Recodification Citation: 16-10-3-4.]
As added by P.L.2-1993, SEC.17.
2023 Indiana Code › Title 16. Health › Article 34. Abortion › Chapter 1. Public Policy Concerning Performance of Abortions; Use of Public Funds; Civil Actions › 16-34-1-2. Public Funds; Payment Restricted

Sec. 2. Neither the state nor any political subdivision of the state may make a payment from any fund under its control for the performance of an abortion unless the abortion is necessary to preserve the life of the pregnant woman.
[Pre-1993 Recodification Citation: 16-10-3-3.]
As added by P.L.2-1993, SEC.17.
2023 Indiana Code › Title 16. Health › Article 34. Abortion › Chapter 1. Public Policy Concerning Performance of Abortions; Use of Public Funds; Civil Actions › 16-34-1-3. Private or Denominational Hospitals; Mandatory Abortion Services

Sec. 3. No private or denominational hospital shall be required to permit its facilities to be utilized for the performance of abortions.
[Pre-1993 Recodification Citation: 16-10-3-1.]
As added by P.L.2-1993, SEC.17.
2023 Indiana Code › Title 16. Health › Article 34. Abortion › Chapter 1. Public Policy Concerning Performance of Abortions; Use of Public Funds; Civil Actions › 16-34-1-4. Physician, Nurse, Physician Assistant, Pharmacist, or Employee; Mandatory Participation in Abortion

Sec. 4. No:
(1) physician;
(2) nurse;
(3) physician assistant;
(4) pharmacist;
(5) employee or member of the staff of a hospital or other facility in which an abortion may be performed; or
(6) mental health provider;
shall be required to perform an abortion, to prescribe, administer, or dispense an abortion inducing drug, to provide advice or counsel to a pregnant woman concerning medical procedures resulting in, or intended to result in, an abortion, to assist or participate in medical procedures resulting in, or intended to result in an abortion, or to handle or dispose of aborted remains, if that individual objects to such procedures on ethical, moral, or religious grounds.
[Pre-1993 Recodification Citation: 16-10-3-2 part.]
As added by P.L.2-1993, SEC.17. Amended by P.L.72-2019, SEC.1; P.L.218-2021, SEC.3.
2023 Indiana Code › Title 16. Health › Article 34. Abortion › Chapter 1. Public Policy Concerning Performance of Abortions; Use of Public Funds; Civil Actions › 16-34-1-5. Participation as Condition of Training, Promotion, or Privileges; Prohibition

Sec. 5. No person shall be required, as a condition of training, employment, pay, promotion, or privileges, to agree to perform or participate in the performing of abortions.
[Pre-1993 Recodification Citation: 16-10-3-2 part.]
As added by P.L.2-1993, SEC.17.
2023 Indiana Code › Title 16. Health › Article 34. Abortion › Chapter 1. Public Policy Concerning Performance of Abortions; Use of Public Funds; Civil Actions › 16-34-1-6. Discrimination Based Upon Moral Beliefs; Prohibition

Sec. 6. No hospital or other person shall discriminate against or discipline a person because of the person's moral beliefs concerning abortion.
[Pre-1993 Recodification Citation: 16-10-3-2 part.]
As added by P.L.2-1993, SEC.17.
2023 Indiana Code › Title 16. Health › Article 34. Abortion › Chapter 1. Public Policy Concerning Performance of Abortions; Use of Public Funds; Civil Actions › 16-34-1-7. Civil Actions

Sec. 7. A civil action for damages or reinstatement of employment, or both, may be brought for any violation of sections 4 through 6 of this chapter.
[Pre-1993 Recodification Citation: 16-10-3-2 part.]
As added by P.L.2-1993, SEC.17.
2023 Indiana Code › Title 16. Health › Article 34. Abortion › Chapter 1. Public Policy Concerning Performance of Abortions; Use of Public Funds; Civil Actions › 16-34-1-8. Prohibition on Coverage of Abortion by Qualified Health Plan; Exceptions

Sec. 8. A qualified health plan (as defined in IC 27-8-33-3) offered under Subtitle D of Title 1 of the federal Patient Protection and Affordable Care Act (P.L. 111-148) may not provide coverage for abortion, unless the abortion is permitted under IC 16-34-2-1.
As added by P.L.193-2011, SEC.5. Amended by P.L.179-2022(ss), SEC.18.
2023 Indiana Code › Title 16. Health › Article 34. Abortion › Chapter 1. Public Policy Concerning Performance of Abortions; Use of Public Funds; Civil Actions › 16-34-1-10. Consent for Abortion for Wardship or Guardianship of an Unemancipated Pregnant Minor

Sec. 10. If the state or an agency of the state has wardship or guardianship of an unemancipated pregnant minor, the state or agency of the state may not consent to an abortion unless the abortion is permitted under IC 16-34-2-1.
As added by P.L.173-2017, SEC.3. Amended by P.L.179-2022(ss), SEC.20.
2023 Indiana Code › Title 16. Health › Article 34. Abortion › Chapter 1. Public Policy Concerning Performance of Abortions; Use of Public Funds; Civil Actions › 16-34-1-11. Prohibition on Using Telehealth for Abortion

Sec. 11. Telehealth 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.
As added by P.L.85-2021, SEC.5.
2023 Indiana Code › Title 16. Health › Article 34. Abortion › Chapter 2. Requirements for Performance of Abortion; Criminal Penalties › 16-34-2-0.5. Medical Emergency

Sec. 0.5. A medical emergency, for purposes of this chapter, does not include a patient's claim or diagnosis that the patient would engage in conduct that would result in the patient's death or substantial physical impairment. Under the circumstances described in this section and unless the following would pose a great risk of death or substantial physical impairment of the patient, the physician shall terminate the patient's pregnancy in a manner that, in a physician's reasonable medical judgment, would result in the best opportunity for the fetus to survive.
As added by P.L.193-2011, SEC.7.
2023 Indiana Code › Title 16. Health › Article 34. Abortion › Chapter 2. Requirements for Performance of Abortion; Criminal Penalties › 16-34-2-1.2. Physician's Duty to Inform Women in Medical Emergency of Necessity for Abortion

Sec. 1.2. When a medical emergency compels the performance of an abortion, the physician who will perform the abortion shall inform the woman, before the abortion if possible, of the medical indications supporting the physician's judgment that an abortion is necessary to avert:
(1) the woman's death; or
(2) a substantial and irreversible impairment of a major bodily function.
As added by P.L.187-1995, SEC.5.
2023 Indiana Code › Title 16. Health › Article 34. Abortion › Chapter 2. Requirements for Performance of Abortion; Criminal Penalties › 16-34-2-1.5. Informed Consent Brochure; Requirements

Sec. 1.5. (a) The state department shall develop an informed consent brochure and post the informed consent brochure on the state department's Internet web site.
(b) The state department shall develop an informed consent brochure that includes the following:
(1) Objective scientific information concerning the probable anatomical and physiological characteristics of a fetus every two (2) weeks of gestational age, including the following:
(A) Realistic pictures in color for each age of the fetus, including the dimensions of the fetus.
(B) Whether there is any possibility of the fetus surviving outside the womb.
(2) Objective scientific information concerning the medical risks associated with each abortion procedure or the use of an abortion inducing drug, including the following:
(A) The risks of infection and hemorrhaging.
(B) The potential danger:
(i) to a subsequent pregnancy; or
(ii) of infertility.
(3) Information concerning the medical risks associated with carrying the child to term.
(4) Information that medical assistance benefits may be available for prenatal care, childbirth, and neonatal care.
(5) Information that the biological father is liable for assistance in support of the child, regardless of whether the biological father has offered to pay for an abortion.
(6) Information regarding telephone 211 dialing code services for accessing human services as described in IC 12-13-16, and the types of services that are available through this service.
(7) Information concerning Indiana's safe haven law under IC 31-34-2.5-1.
(8) Information that, under certain conditions, a pregnant woman may relinquish a child who is, or who appears to be, not more than thirty (30) days of age:
(A) to an emergency medical services provider (as defined in IC 16-41-10-1); or
(B) in a newborn safety device described in IC 31-34-2.5-1.
(c) In the development of the informed consent brochure described in this section, the state department shall use information and pictures that are available at no cost or nominal cost to the state department.
(d) The informed consent brochure must include the requirements specified in this chapter.
As added by P.L.193-2011, SEC.10. Amended by P.L.136-2013, SEC.7; P.L.156-2017, SEC.14; P.L.205-2018, SEC.8; P.L.73-2020, SEC.9; P.L.170-2021, SEC.1.
2023 Indiana Code › Title 16. Health › Article 34. Abortion › Chapter 2. Requirements for Performance of Abortion; Criminal Penalties › 16-34-2-2. Responsibilities of Attending Physician; Determination of Postfertilization Age; Disciplinary Action for Violation

Sec. 2. (a) It shall be the responsibility of the attending physician to do the following:
(1) Determine in accordance with accepted medical standards the postfertilization age of the fetus and which trimester the pregnant woman receiving the abortion is in.
(2) Determine whether the fetus is viable.
(3) Certify that determination as part of any written reports required of the attending physician by the state department or the facility in which the abortion is performed.
(b) In making a determination under this section of the postfertilization age of the fetus, the attending physician shall do the following:
(1) Question the patient concerning the date of fertilization.
(2) Perform or cause to be performed medical examinations and tests that a reasonably prudent physician would conduct to accurately diagnose the postfertilization age of the fetus.
(c) Except in the case of a medical emergency (as described in section 0.5 of this chapter), a physician that violates this section is subject to disciplinary action under IC 25-1-9.
[Pre-1993 Recodification Citation: 35-1-58.5-3.]
As added by P.L.2-1993, SEC.17. Amended by P.L.193-2011, SEC.11.
2023 Indiana Code › Title 16. Health › Article 34. Abortion › Chapter 2. Requirements for Performance of Abortion; Criminal Penalties › 16-34-2-3. Conditions for Abortion After Viability or 20 Weeks; Attendance of Physician for Preservation of Life and Health of Viable Unborn Child; Certificates of Birth or Death; Offense for Violation; Ward

Sec. 3. (a) All abortions performed on and after the earlier of the time a fetus is viable or the time the postfertilization age of the fetus is at least twenty (20) weeks shall be:
(1) governed by section 1 of this chapter;
(2) performed in a hospital having premature birth intensive care units, unless compliance with this requirement would result in an increased risk to the life or health of the mother; and
(3) performed in the presence of a second physician as provided in subsection (b).
(b) An abortion may be performed after the earlier of the time a fetus is viable or the time the postfertilization age of the fetus is at least twenty (20) weeks only if there is in attendance a physician, other than the physician performing the abortion, who shall take control of and provide immediate care for a child born alive as a result of the abortion. During the performance of the abortion, the physician performing the abortion, and after the abortion, the physician required by this subsection to be in attendance, shall take all reasonable steps in keeping with good medical practice, consistent with the procedure used, to preserve the life and health of the viable unborn child. However, this subsection does not apply if compliance would result in an increased risk to the life or health of the mother.
(c) Any fetus born alive shall be treated as a person under the law, and a birth certificate shall be issued certifying the child's birth even though the child may subsequently die, in which event a death certificate shall be issued. Failure to take all reasonable steps, in keeping with good medical practice, to preserve the life and health of the live born person shall subject the responsible persons to Indiana laws governing homicide, manslaughter, and civil liability for wrongful death and medical malpractice.
(d) If, before the abortion, the mother, and if married, her husband, has or have stated in writing that she does or they do not wish to keep the child in the event that the abortion results in a live birth, and this writing is not retracted before the abortion, the child, if born alive, shall immediately upon birth become a ward of the department of child services.
[Pre-1993 Recodification Citation: 35-1-58.5-7.]
As added by P.L.2-1993, SEC.17. Amended by P.L.4-1993, SEC.243; P.L.5-1993, SEC.256; P.L.145-1997, SEC.3; P.L.146-2008, SEC.445; P.L.193-2011, SEC.12; P.L.179-2022(ss), SEC.23.
2023 Indiana Code › Title 16. Health › Article 34. Abortion › Chapter 2. Requirements for Performance of Abortion; Criminal Penalties › 16-34-2-4.2. Aiding an Unemancipated Pregnant Minor in Obtaining an Abortion Without Consent of Parent or Legal Guardian or Custodian Prohibited; Causes of Action; Limitations and Immunities

Sec. 4.2. (a) This section applies only if consent is required under section 4 of this chapter and has not been given.
(b) This section does not apply to a person who aids or assists an unemancipated pregnant minor who has obtained or is seeking to obtain:
(1) parental consent; or
(2) a waiver of parental consent;
under section 4 of this chapter.
(c) A person may not knowingly or intentionally aid or assist an unemancipated pregnant minor in obtaining an abortion without the consent required by section 4 of this chapter.
(d) Except as provided in subsection (g), a person who violates subsection (c) is civilly liable to the unemancipated pregnant minor and the parent or legal guardian or custodian of the unemancipated pregnant minor. A court may award damages to the unemancipated pregnant minor or the parent or legal guardian or custodian of the unemancipated pregnant minor who is adversely affected by a violation of this section, including the following damages:
(1) Compensation for physical or emotional injury, without the need of being physically present at the act or event.
(2) Attorney's fees.
(3) Court costs.
(4) Punitive damages.
However, an adult who engaged in or consented to another person engaging in a sex act with a minor in violation of IC 35-42-4-3(a) or IC 35-42-4-9 that resulted in the pregnancy may not be awarded damages under this subsection.
(e) An unemancipated pregnant minor does not have the capacity to consent to any action in violation of this section or section 4 of this chapter. A person may not use as a defense to a violation of subsection (c) that the abortion was performed or induced with consent of the unemancipated pregnant minor and otherwise met the requirements of this chapter.
(f) The parent or legal guardian or custodian of the unemancipated pregnant minor may petition a court to enjoin conduct that would violate this section if the parent or legal guardian or custodian can show that the conduct is reasonably anticipated to occur in the future. A court may enjoin conduct that would violate this section.
(g) A person may not bring a cause of action under this section against a person who is related to the minor as a:
(1) parent or stepparent;
(2) grandparent or stepgrandparent; or
(3) sibling or stepsibling.
As added by P.L.173-2017, SEC.5.
2023 Indiana Code › Title 16. Health › Article 34. Abortion › Chapter 2. Requirements for Performance of Abortion; Criminal Penalties › 16-34-2-4.5. Admitting Privileges Requirement; Notification to Patient of Hospital Location; Confirmation of Admitting Privileges; Redaction

Sec. 4.5. (a) A physician may not perform an abortion, including an abortion using an abortion inducing drug, unless the physician:
(1) has admitting privileges in writing at a hospital located in the county where abortions are provided or in a contiguous county; or
(2) has entered into a written agreement with a physician who has written admitting privileges at a hospital in the county or contiguous county concerning the management of possible complications of the services provided.
A written agreement described in subdivision (2) must be renewed annually.
(b) A physician who performs an abortion, including an abortion using an abortion inducing drug, shall notify the patient of the location of the hospital at which the physician or a physician with whom the physician has entered into an agreement under subsection (a)(2) has admitting privileges and where the patient may receive follow-up care by the physician if complications arise.
(c) A hospital or ambulatory outpatient surgical center in which abortions are performed shall:
(1) keep at the hospital or ambulatory outpatient surgical center a copy of the admitting privileges of a physician described in subsection (a)(1) and (a)(2) who is performing abortions at the hospital or ambulatory outpatient surgical center; and
(2) submit a copy of the admitting privileges described in subdivision (1) to the state department. The state department shall verify the validity of the admitting privileges document. The state department shall remove any identifying information from the admitting privileges document before releasing the document under IC 5-14-3.
(d) The state department shall annually submit a copy of the admitting privileges described in subsection (a)(1) and a copy of the written agreement described in subsection (a)(2) to:
(1) each hospital located in the county in which the hospital granting the admitting privileges described in subsection (a) is located; and
(2) each hospital located in a county that is contiguous to the county described in subdivision (1);
where abortions are performed.
(e) The state department shall confirm to a member of the public, upon request, that the admitting privileges required to be submitted under this section for a hospital or ambulatory outpatient surgical center have been received by the state department.
(f) Notwithstanding IC 5-14-3-6 and IC 5-14-3-6.5, this section only allows for the redaction of information that is described in subsection (c). This section does not allow the state department to limit the disclosure of information in other public documents.
As added by P.L.193-2011, SEC.14. Amended by P.L.98-2014, SEC.3; P.L.213-2016, SEC.15; P.L.179-2022(ss), SEC.25.
2023 Indiana Code › Title 16. Health › Article 34. Abortion › Chapter 2. Requirements for Performance of Abortion; Criminal Penalties › 16-34-2-5.1. Documentation of Signatures and Credentials of Physicians and Other Providers

Sec. 5.1. Each form or other written document that must be completed or provided by a physician or other provider under this chapter, including a signed copy retained in the pregnant woman's patient file, must include the following:
(1) A line for the signature of the physician or other provider.
(2) A line for the professional credentials and license number of the physician or other provider.
As added by P.L.213-2016, SEC.17.
2023 Indiana Code › Title 16. Health › Article 34. Abortion › Chapter 2. Requirements for Performance of Abortion; Criminal Penalties › 16-34-2-5.5. State Department Duty to Develop Electronic Program Concerning Submission of Forms Completed by Physicians

Sec. 5.5. The state department shall develop a program enabling the report required by section 5 of this chapter to be completed, transmitted, and received in an electronic format.
As added by P.L.177-2015, SEC.1.
2023 Indiana Code › Title 16. Health › Article 34. Abortion › Chapter 2. Requirements for Performance of Abortion; Criminal Penalties › 16-34-2-6. Prohibitions on Performing Experiments on and the Transport of an Aborted Fetus; Transport of Aborted Fetus for Purpose of Conducting Final Disposition of the Aborted Fetus Permitted

Sec. 6. (a) No experiments except pathological examinations may be conducted on any fetus aborted under this chapter. A person who conducts such an experiment commits a Class A misdemeanor.
(b) Except as provided by subsection (c), a person who knowingly transports an aborted fetus into, or out of, Indiana commits a Class A misdemeanor.
(c) A person may transport an aborted fetus into, or out of, Indiana for the sole purpose of conducting the final disposition of the aborted fetus by cremation or interment under IC 16-34-3-4.
[Pre-1993 Recodification Citation: 35-1-58.5-6.]
As added by P.L.2-1993, SEC.17. Amended by P.L.213-2016, SEC.18.
2023 Indiana Code › Title 16. Health › Article 34. Abortion › Chapter 2. Requirements for Performance of Abortion; Criminal Penalties › 16-34-2-7. Performance of Unlawful Abortion; Offense

Sec. 7. (a) Except as provided in subsections (b) and (c), a person who knowingly or intentionally performs an abortion prohibited by section 1 of this chapter commits a Level 5 felony.
(b) A physician who performs an abortion intentionally or knowingly in violation of section 1(a)(1)(D) or 4 of this chapter commits a Class A misdemeanor.
(c) A person who knowingly or intentionally performs an abortion in violation of section 1.1 of this chapter commits a Class A infraction.
(d) A woman upon whom a partial birth abortion is performed may not be prosecuted for violating or conspiring to violate section 1(b) of this chapter.
(e) A woman upon whom a dismemberment abortion is performed may not be prosecuted for violating or conspiring to violate section 1(c) of this chapter.
[Pre-1993 Recodification Citation: 35-1-58.5-4.]
As added by P.L.2-1993, SEC.17. Amended by P.L.187-1995, SEC.6; P.L.145-1997, SEC.4; P.L.158-2013, SEC.235; P.L.93-2019, SEC.5; P.L.179-2022(ss), SEC.28.
2023 Indiana Code › Title 16. Health › Article 34. Abortion › Chapter 2. Requirements for Performance of Abortion; Criminal Penalties › 16-34-2-8. Civil Liability

Sec. 8. (a) A woman upon whom a dismemberment abortion was performed is not liable for any damages related to the dismemberment abortion.
(b) The following individuals who worked at the direction of a physician who performed a dismemberment abortion are not liable for damages for the dismemberment abortion:
(1) A nurse.
(2) A technician.
(3) A secretary.
(4) A receptionist.
(5) An employee or agent who is not a physician but acts at the direction of a physician.
(6) A pharmacist or other individual who is not a physician but who fills a prescription or provides instruments or materials used in the dismemberment abortion.
As added by P.L.93-2019, SEC.6.
2023 Indiana Code › Title 16. Health › Article 34. Abortion › Chapter 2. Requirements for Performance of Abortion; Criminal Penalties › 16-34-2-9. Injunctive Relief

Sec. 9. (a) The following may petition a court for an injunction against a person who performed a dismemberment abortion in violation of section 1(c) of this chapter:
(1) A woman upon whom the person performed a dismemberment abortion.
(2) The parent or guardian of a female upon whom a dismemberment abortion was performed who was less than eighteen (18) years of age at the time the person performed the dismemberment abortion.
(3) A prosecuting attorney in the jurisdiction where:
(A) the dismemberment abortion was performed; or
(B) the female upon whom a dismemberment abortion was performed resides.
(b) An injunction issued under this section shall prohibit the defendant from performing or attempting to perform further dismemberment abortions in violation of section 1(c) of this chapter.
(c) An injunction may not be obtained by a plaintiff under this section if the pregnancy resulted from the plaintiff's criminal conduct.
As added by P.L.93-2019, SEC.7.
2023 Indiana Code › Title 16. Health › Article 34. Abortion › Chapter 2. Requirements for Performance of Abortion; Criminal Penalties › 16-34-2-10. Damages

Sec. 10. (a) The following may bring an action for the recovery of damages against a person who has performed a dismemberment abortion in violation of section 1(c) of this chapter:
(1) A woman upon whom a dismemberment abortion has been performed.
(2) The father of the unborn child.
(3) If a female was less than eighteen (18) years of age at the time of the dismemberment abortion or if she has died as a result of the abortion, the maternal grandparents of the unborn child on whose mother a dismemberment abortion was performed.
(b) No damages may be awarded to a plaintiff if the pregnancy resulted from the plaintiff's criminal conduct.
(c) Damages awarded under this section shall include:
(1) damages for all injuries, including psychological and physical injuries, caused by the dismemberment abortion; and
(2) damages equal to three (3) times the cost of the dismemberment abortion.
As added by P.L.93-2019, SEC.8.
2023 Indiana Code › Title 16. Health › Article 34. Abortion › Chapter 2. Requirements for Performance of Abortion; Criminal Penalties › 16-34-2-11. Attorney's Fees

Sec. 11. (a) If a judgment is rendered in favor of a plaintiff under section 9 or 10 of this chapter, the court shall order reasonable attorney's fees in favor of the plaintiff.
(b) If a judgment is rendered in favor of a defendant under section 9 or 10 of this chapter and the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall order reasonable attorney's fees in favor of the defendant.
As added by P.L.93-2019, SEC.9.
2023 Indiana Code › Title 16. Health › Article 34. Abortion › Chapter 2. Requirements for Performance of Abortion; Criminal Penalties › 16-34-2-12. Identity of a Woman Upon Whom a Dismemberment Abortion Has Been Performed

Sec. 12. (a) In every civil, criminal, or administrative action brought under section 1(c), 9, 10, or 11 of this chapter, the identity of any woman upon whom a dismemberment abortion has been performed or was attempted to have been performed shall be preserved from public disclosure.
(b) Anyone other than a prosecuting attorney who brings an action under section 9 or 10 of this chapter shall use a pseudonym for the woman.
(c) This section may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or the attorneys for the defendant.
As added by P.L.93-2019, SEC.10.