Ind. Code ch. 16-34-3

Ind. Code § 16-34-3-1 Effective January 1, 2016

Sec. 1. This chapter is effective beginning January 1, 2016. As added by P.L.113-2015, SEC.6.

Ind. Code § 16-34-3-2 Right to determine final disposition of aborted fetus; determination; parental consent; documentation

Sec. 2. (a) A pregnant woman who has an abortion under this article has the right to have the hospital or ambulatory outpatient surgical center dispose of the aborted fetus by interment in compliance with IC 23-14-54, or cremation through a licensee (as defined in IC 25-15-2-19) and in compliance with IC 23-14-31. The pregnant woman who selects to have the hospital or ambulatory outpatient surgical center dispose of the aborted fetus has the right to ask which method will be used by the hospital or ambulatory outpatient surgical center. (b) After receiving the notification and information required by IC 16-34-2-1.1(a)(2)(H), IC 16-34-2-1.1(a)(2)(I), and IC 16-34-2-1.1(a)(2)(J), the pregnant woman shall inform the hospital or ambulatory outpatient surgical center: (1) in writing; and (2) on a form prescribed by the state department; of the pregnant woman's decision for final disposition of the aborted fetus by cremation or interment and, in an abortion induced by an abortion inducing drug, whether the pregnant woman will return the aborted fetus to the hospital or ambulatory outpatient surgical center for disposition by interment in compliance with IC 23-14-54, or cremation through a licensee (as defined in IC 25-15-2-19) and in compliance with IC 23-14-31. (c) If the pregnant woman is a minor, the hospital or ambulatory outpatient surgical center shall obtain parental consent in the disposition of the aborted fetus unless the minor has received a waiver of parental consent under IC 16-34-2-4. (d) The hospital or ambulatory outpatient surgical center shall document the pregnant woman's decision concerning disposition of the aborted fetus in the pregnant woman's medical record. (e) In the case of an abortion induced by an abortion inducing drug, the pregnant woman may return the aborted fetus to the hospital or ambulatory outpatient surgical center for disposition by interment in compliance with IC 23-14-54, or cremation through a licensee (as defined in IC 25-15-2-19) and in compliance with IC 23-14-31. As added by P.L.113-2015, SEC.6. Amended by P.L.213-2016, SEC.19; P.L.85-2017, SEC.73; P.L.77-2020, SEC.2; P.L.179-2022(ss), SEC.29.

Ind. Code § 16-34-3-3 Responsibility for costs

Sec. 3. If the pregnant woman chooses a location for final disposition other than the location of final disposition that is usual and customary for a hospital or ambulatory outpatient surgical center, the pregnant woman is responsible for the costs related to the final disposition of the aborted fetus at the chosen location. As added by P.L.113-2015, SEC.6. Amended by P.L.213-2016, SEC.20; P.L.179-2022(ss), SEC.30.

Ind. Code § 16-34-3-4 Disposition by cremation or interment; permits; confidential information

Sec. 4. (a) A hospital or ambulatory outpatient surgical center having possession of an aborted fetus shall provide for the final disposition of the aborted fetus. The burial transit permit requirements of IC 16-37-3 apply to the final disposition of an aborted fetus, which must be interred or cremated. However: (1) a person is not required to designate a name for the aborted fetus on the burial transit permit and the space for a name may remain blank; and (2) any information submitted under this section that may be used to identify the pregnant woman is confidential and must be redacted from any public records maintained under IC 16-37-3. Aborted fetuses may be cremated by simultaneous cremation. (b) If the hospital or ambulatory outpatient surgical center conducts the cremation of aborted fetal remains on site, the hospital or ambulatory outpatient surgical center must comply with all state laws concerning the cremation of human remains as prescribed in IC 23-14-31. The hospital or ambulatory outpatient surgical center must make the onsite cremation equipment available to the state department for inspection at the time the hospital or ambulatory outpatient surgical center is inspected. When the hospital or ambulatory outpatient surgical center contracts with a licensed funeral home for the disposal of the aborted fetal remains, the contract must be made available for review by the state department at the time the hospital or ambulatory outpatient surgical center is inspected. (c) Except in extraordinary circumstances where the required information is unavailable or unknown, a burial transit permit issued under IC 16-37-3 that includes multiple fetal remains must be accompanied by a log prescribed by the state department containing the following information about each fetus included under the burial transit permit: (1) The date of the abortion. (2) Whether the abortion was surgical or induced by an abortion inducing drug. (3) The name of the funeral director licensee who will be retrieving the aborted fetus. (4) In the case of an abortion induced by an abortion inducing drug: (A) whether the pregnant woman will cremate or inter the fetus, or will return the fetus to the hospital or ambulatory outpatient surgical center for disposition; and (B) if the pregnant woman returns the fetus to the hospital or ambulatory outpatient surgical center, whether the returned fetus is included in the burial transit permit. The hospital or ambulatory outpatient surgical center must keep a copy of the burial transit permit and accompanying log in a permanent file. (d) Each time the fetal remains are transported from one entity to another for disposition, the entity receiving the fetal remains must confirm that the number of fetal remains matches the information contained in the burial transit permit and accompanying log. After final disposition, a copy of the log will be sent back to the hospital or ambulatory outpatient surgical center. The final log will be attached to the original log described in subsection (c) and will be made available for review by the state department at the time of inspection. (e) A hospital or ambulatory outpatient surgical center is responsible for demonstrating to the state department that the hospital or ambulatory outpatient surgical center has complied with the protocol provided in this section. (f) A certificate of stillbirth is not required to be issued for an aborted fetus with a gestational age of less than twenty (20) weeks of age. (g) IC 23-14-31-26, IC 23-14-55-2, IC 25-15-9-18, and IC 29-2-19-17 concerning the authorization of disposition of human remains apply to this section. As added by P.L.113-2015, SEC.6. Amended by P.L.213-2016, SEC.21; P.L.77-2020, SEC.3; P.L.179-2022(ss), SEC.31.

Ind. Code § 16-34-3-5 Informed consent brochure

Sec. 5. The state department shall make any changes necessary to the informed consent brochure under IC 16-34-2-1.5 that are necessary to comply with IC 16-34-2-1.1 and this chapter. As added by P.L.113-2015, SEC.6.

Ind. Code § 16-34-3-6 Development and distribution of forms

Sec. 6. The state department shall develop and distribute the forms required by section 2 of this chapter. As added by P.L.113-2015, SEC.6.