Legislation To Clarify
INDIANAPOLIS— A bill to clarify the law regulating chemical abortion cleared another hurdle when it passed a House panel by a vote of 10-3, March 17.
Senate Bill 546, authored by Sen. Mark Messmer, R-Jasper, provides a clarification to the current law regulating chemical abortion, which was ruled unconstitutional. The legislation, enacted in 2013 aimed primarily at the use of RU-486, would require health providers who provide RU-486 to meet the same requirements as surgical abortion facilities. The changes to the law are expected to make the 2013 legislation constitutional and will allow the law regulating chemical abortion providers to take effect.
Messmer who presented his bill to the House panel said SB 546 was drafted in response to a Dec. 5, 2014, federal court injunction to provisions of SB 371, which passed and was signed into law in May 2013, due to violations of the equal protection clause of the U.S. Constitution.
He said that SB 546 was drafted in consultation with the attorney general, the State Department of Health, the governor’s and speaker’s offices to address the equal protection concerns. Termination-of-pregnancy reporting requirements to the state department of health are also addressed in SB 546. The bill provides a broader definition of healthcare providers than did SB 371. Healthcare providers that are involved in less than five chemical abortions per year are exempt from the provisions of the bill.
Messmer said that if SB 546 passes, the solicitor general will file a motion and ask the district court to lift its injunction precluding state officials to enforce the physical plant requirements. “We feel the carefully crafted changes set-up in SB 546 when applied uniformly will accomplish this,” said Messmer.
Glenn Tebbe, executive director for the Indiana Catholic Conference (ICC), who testified before the house panel said, “We do support the bill. The Catholic Conference affirms that all human life has dignity and value. The Church opposes abortion on principle and recognizes it as an evil. However, because it is tolerated by law and civil society, regulation of it is necessary for the well-being and health for the woman and the child as a matter of health and public safety, and to safeguard and promote as much as possible the common good.” “SB 546 provides for an appropriate regulation of abortion facilities and proper recording regarding abortions conducted,” Tebbe added. “The Catholic Conference believes the state is fulfilling its responsibility to promote the common good in this bill, and we consider it to be positive public policy.”
Lindsey Craig, Director of Family Policy for the governor’s office, said “I’m here to express my support of the bill. It has really been a team effort with the governor’s office, the department of health, legislators, and the attorney general so we appreciate your support on this bill this morning.”
Justin McAdam, general counsel for Indiana Right to Life, said, “We support this bill. We think it’s a good bill, and a good approach to fixing the definitional issues and the constitutional issues raised by the Court in this lawsuit.”
If SB 546 is enacted, and the injunction lifted, provision of SB 371 enacted in 2013 will go into effect. Facilities dispensing abortion-inducing drugs will be required to meet the same medical standards as those that provide surgical abortions, including notices and informed consent. Doctors who prescribe the RU-486 regismen of abortion-inducing drugs will be required to examine the woman in person, and schedule follow-up care. It prohibits telemed practices where a doctor could use Skype to discuss options with the pregnant mother rather than an in-person exam. The legislation does not include the morning after pill.
Under the bill, in order for a woman to have a chemical abortion, a doctor will have to assess the gestational age of the baby in order to determine if it’s an appropriate use. Additionally, the doctor will have to rule-out an ectopic pregnancy, including a serious side effects including death, if RU-486 is used.
RU-486 is a regimen of drugs starting with an artificial steroid that block progesterone which is a hormone that is needed to continue a pregnancy. After two days another drug is given to induce contractions to help expel the embryo.
According to Dr. Hans Geisler, a retired OBGYN of Indianapolis, chemical abortion when compared to surgical abortion is riskier. A chemical abortion has a 15.6 percent risk of hemorrhage compared to a 2.1 percent risk from a surgical abortion.
The Indiana Catholic Conference provides legislative updates via email pushes. To receive the updates join the Indiana Catholic Action Network (ICAN). These and other public policy resources are available at www.indianacc.org .
