2009 Indiana legislation

January 2009

Welcome to the Planned Parenthood Advocates of Indiana legislative tracker! This is the part of our website where we will be tracking both pro-choice and anti-choice bills that have been introduced for the 2009 Indiana General Assembly, as well as other bills that enhance or endanger reproductive health.

It is also where we have archived our bill tracks from past sessions, so if you are a student interested in reproductive rights legislation in Indiana, you have come to the right place!

Listed below are the bills in 2009 related to reproductive health and others related to social justice, including the Prevention First bills. Any bills without noted updates were never heard in committee and are considered dead until the next session. If you'd like more information, email us. To receive timely email alerts and have an impact on bills as they move through the legislative process, please join our Action Network.

Note: The bill list has now been updated for the second half of the Indiana General Assembly.

Other sessions: 2010 • 2008 • 2007 • 2006 • 2005

Prevention First! Legislation:

• Senate Bill 20 Digest—Patient Protection
Imposes a duty on a pharmacy to fill a contraceptive prescription drug or device in stock in a timely manner. Requires a pharmacy to take specified steps if the pharmacy does not have: (1) a contraceptive prescription drug or device; or (2) an over-the-counter contraceptive; in stock. Requires a pharmacy to ensure that the pharmacy's customers are not intimidated, threatened, or harassed in the delivery of services. Allows a person to file a complaint with the board of pharmacy or commence a civil action for a violation by a pharmacy. Requires the board of pharmacy to investigate a complaint and determine whether a violation has occurred. Allows the attorney general to file a civil action for a violation by a pharmacy, and sets forth the maximum civil penalties that may be awarded by the court.

Planned Parenthood Advocates strongly supports legislation that would ensure the timely filling of prescriptions for birth control.

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• Senate Bill 103 Digest—Definition of Contraception
Defines "contraception" and provides that contraception is not subject to or governed by the abortion statutes.

Planned Parenthood Advocates strongly supports any legislation that encourages the availability and affordability of contraceptives for all Hoosiers.

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• Senate Bill 258 Digest—Notification to Parents of Abstinence-Only Sex Education
Requires a principal to send notice to parents if the school is providing abstinence-only human sexuality courses. Specifies the language of the notice. Allows a parent to have the parent's child excused from abstinence-only courses. Provides an appeals process for a parent who does not receive notice of the parent's right to address the governing body concerning curriculum.

Planned Parenthood Advocates of Indiana strongly support legislation that provides information to parents on the limitations of abstinence-only education and that encourages comprehensive sexuality education.

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• Senate Bill 309 Digest—Medically-Accurate Sexuality Education
Requires instruction in accredited schools on human sexuality or sexually transmitted diseases to be based on information that is factual, medically accurate, and age appropriate.

Planned Parenthood Advocates strongly supports legislation that encourages comprehensive sexuality education for Hoosier youth.

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• House Bill 1238 Digest—Patient Protection
Imposes a duty on a pharmacy to fill a contraceptive prescription drug or device in stock in a timely manner. Requires a pharmacy to take specified steps if the pharmacy does not have: (1) a contraceptive prescription drug or device; or (2) an over-the-counter contraceptive; in stock. Requires a pharmacy to ensure that the pharmacy's customers are not intimidated, threatened, or harassed in the delivery of services. Allows a person to file a complaint with the board of pharmacy or commence a civil action for a violation by a pharmacy. Requires the board of pharmacy to investigate a complaint and determine whether a violation has occurred. Allows the attorney general to file a civil action for a violation by a pharmacy, and sets forth the maximum civil penalties that may be awarded by the court.

Planned Parenthood Advocates strongly supports legislation that would ensure the timely filling of prescriptions for birth control.

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• House Bill 1317 Digest—Parental Notification
Parental notice of abstinence-only education. Requires a principal to send notice to parents if the school is providing abstinence-only human sexuality courses. Specifies the language of the notice. Allows a parent to have the parent's child excused from abstinence-only courses. Provides an appeals process for a parent who does not receive notice of the parent's right to address the governing body concerning curriculum.

Planned Parenthood Advocates of Indiana supports the safety and health of Indiana youth, and therefore supports medically accurate sexuality education.

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• House Bill 1093 Digest—Medically-Accurate Sex Education
Requires instruction in accredited schools on human sexuality or sexually transmitted diseases to be based on information that is factual, medically accurate, and age appropriate.

Planned Parenthood Advocates of Indiana supports the safety and health of Indiana youth, and therefore supports medically accurate sexuality education.

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We also support this legislation:

• Senate Bill 91 Digest—Hate Crimes
Indiana is one of only five states in the country that lacks a hate crimes law. This bill would protect Hoosiers from crimes committed upon them based on their color, creed, disability, national origin, race, religion, sexual orientation, gender identity or sex.

Planned Parenthood Advocates of Indiana strongly supports legislation that encourages equality and discourages hate crimes.

In a similar vein, we also support House Bill 1250, which extends antidiscrimination and civil rights statutes to include prohibiting discrimination based on sexual orientation, gender identity, national origin, age, disability and ancestry.

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Planned Parenthood Advocates of Indiana opposes the following pieces of legislation:

• Senate Bill 89 Digest—Admitting Privileges
Requires a physician who performs an abortion to: (1) have admitting privileges at a hospital in the county or in a county adjacent to the county where the abortion is performed; and (2) notify the patient of the hospital location where the patient can receive follow-up care by the physician.

Planned Parenthood Advocates is strongly opposed to legislation that impedes Hoosier women’s access to safe and legal abortion services.

Update: SB 89 was heard in the Senate Health & Provider Services Committee on February 3 where it passed 5-4, despite efforts from PPAI and others from the Indianapolis community to curtail its advancement. SB 89 was heard on the Senate Floor on February 10, where it passed with a vote of 44-6. SB 89 does not protect the health of Hoosier women. Physicians who perform abortions advise patients who are experiencing complications from an abortion to seek medical care at the nearest hospital, which may not necessarily be the place where the procedures were performed. Six senators stood up for Hoosier women's health by voting against this bill. The legislation also passed through the Indiana House before dying during the regular session in conference committee.

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• Senate Bill 90 Digest—Abortion Counseling
Provides that for consent to an abortion to be voluntary and informed, a physician must inform the pregnant woman that there is differing medical evidence concerning when a fetus feels pain. Provides that notice must be given to a pregnant woman in writing at least 18 hours before an abortion: (1) concerning the availability of adoptions and that certain adoption-related expenses may be borne by the adoptive parents; (2) concerning physical risks to the woman in having an abortion; and (3) stating that an embryo formed by the fertilization of a human ovum by a human sperm immediately begins to divide and grow as human physical life.

Planned Parenthood Advocates of Indiana is strongly opposed to legislation that impedes Hoosier women’s access to healthcare and their right to privacy in their medical decisions.

Update: SB 90 was heard in the Senate Health & Provider Services Committee on February 3 where it passed 6-5, despite efforts from PPAI and members of various Indianapolis communities of faith to prevent its passage. Sen. Vi Simpson attempted to amend language to the bill that would have defined and protected access to contraception; sadly, the amendment was defeated 5-4. However, Sen. Sue Errington was able to amend language in to the bill during second reading, stating that there are not only physical risks in having an abortion but risks in carrying a pregnancy to term as well. SB 90 was heard on the Senate Floor on February 10, where it passed with a vote of 39-11. We thank the 11 senators who understand that SB 90 does nothing to protect the health of Hoosier women but also mandates false speech and places ideology in statute. The bill did not get a hearing in the Indiana House.

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• Senate Bill 417 Digest—Mandatory Ultrasounds
Requires that at least 18 hours before an abortion that a pregnant woman seeking an abortion must obtain fetal ultrasound imaging, hear the auscultation of the fetal heart tone if audible, and view and receive a copy of the fetal ultrasound imaging. Specifies that the pregnant woman is responsible for the cost of the fetal ultrasound imaging.

Planned Parenthood Advocates of Indiana is strongly opposed to any law that would impede a woman’s access to choice, as well as any law that would place a financial burden on a woman who is already making a tough decision.

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