Brigid Curtis Ayer 
Indiana Catholic Conference
March 8, 2018 // Diocese

Bill to regulate Indiana abortion industry passes House

Brigid Curtis Ayer 
Indiana Catholic Conference

INDIANAPOLIS — A bill aimed at updating regulations to keep up with the abortion industry in Indiana passed the Indiana House of Representatives on Feb. 28 by a 67-26 vote. The Indiana Catholic Conference supports the proposal.

Glenn Tebbe, executive director of the ICC, said, “The state’s compelling interest in public health and safety and the health of the mother clearly justifies these changes and regulations regarding abortion facilities and reporting.”

Rep. Peggy Mayfield, R-Martinsville, one of the House sponsors of the bill, explaining the contents of the bill from the House floor, said Senate Bill 340 would bring Indiana code up to date with current health practices. It sets timelines for rulemaking that was passed last year, and adds requirements for applications for abortion clinic licenses.

The bill codifies Federal Drug Administration requirements regarding the use of abortifacients. It codifies the collection of information on the termination of pregnancy report, and adds five new fields of information to be collected. The new categories to be reported include: 1) parental consent verification for a minor who sought an abortion 2) patients’ reported abuse, coercion, harassment or trafficking 3) the name of second doctor present for abortions performed past 20-weeks of gestation 4) that FDA labeling information and warnings were given to a patient 5) requires the patient disclose any pre-existing conditions that may lead to complications from the abortion.

Under the bill abortion facilities will have to be inspected annually, and information about Indiana’s Safe Haven law would be added to the informed consent brochure and Indiana State Department of Health website so that women are aware of the ways they can give up their baby anonymously after birth.

The language of the “baby box” bill, Senate Bill 123, was amended into Senate Bill 340. These provisions expand Indiana’s Safe Haven law by allowing newborn safety devices, commonly referred to as “baby boxes,” to be installed at fire stations that are staffed by emergency medical providers 24/7. The boxes themselves must be located in conspicuous areas visible to the staff and have dual alarm systems that are tested at least monthly.

Rep. Sue Errington, D-Muncie, voiced her opposition to the bill and questioned Mayfield during the floor debate. She asked Mayfield about the safety of a tonsillectomy or a wisdom tooth extraction and compared the safety of these procedures with abortion. Errington referred to a Guttmacher Institute study, a group that supports legal abortion, and said that having an abortion was safer than having a wisdom tooth pulled or having one’s tonsils removed. Errington, who retired from Planned Parenthood, calls abortion a “very safe procedure” for a woman to undergo.

Rep. Matthew Lehman, R-Berne, entered the floor debate and spoke in support of the bill. He said regarding provisions like annual inspections and disclosure if an abortion operator has been convicted of a felony or if the facility has been closed due to legal reasons, “I don’t think that is a big ask.” He added if abortion-inducing drugs are going to be dispensed to patients, requiring the provider to tell the patients the risks that are on the FDA label — which is done with other drugs — isn’t a “big ask” either.

Lehman said it seems “We don’t want to lift the veil on this issue.” Yet said the House recently discussed a bill requiring consent for students to bring sunscreen to school.

“We regulate health. This is a health regulatory bill. This isn’t about wisdom teeth. This is potentially an invasive process. It’s a health issue,” said Lehman.

Rep. Matt Pierce, D-Bloomington, lectured his colleagues about repeatedly bringing bills forward which place an undue burden on a woman’s constitutional right to abortion and cost the state. He said the cycle of doing so ironically results in financial support for the Americans For Civil Liberties Union, which litigates the constitutionality of these type of bills. Pierce urged his fellow lawmakers to put their energy into areas where they could find common ground, like effective sex education, better contraception, affordable adoption and childcare services to make abortion a less common choice.

In her closing remarks, Mayfield stressed the need for Senate Bill 340, saying, “The medication method [of abortion] is exploding.” When the FDA initially approved abortion-inducing drugs, they were only to be used up to 49 days of gestation. The FDA has extended use up to 70 days, but did so with specific restrictions and warnings. “We have identified at least 84 websites where you can get an abortion pill or an imitation abortion pill,” said Mayfield. “The FDA website says not to buy this online.” Mayfield added, “The state is the only oversight body for the abortion procedure, but just like hospitals, women assume that abortion clinics are meeting established health standards.” She said, “The public has a right to expect and the government has a duty and responsibility to provide regulation, and Senate Bill 340 provides this.”

Senate Bill 340 passed the Senate but was amended in the House. It will go back to the Senate for approval of the House amendments.

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