Provides that the attorney general has concurrent jurisdiction with prosecuting attorneys regarding actions concerning abortion inducing drugs. Modifies the definitions of "abortion" and "abortion inducing drug". Amends the information required to be reported to the Indiana department of health (state department) concerning the performance of an abortion and an abortion complication. Provides that a report concerning the performance of an abortion or an abortion complication is not confidential, is a public record, and shall be open to public inspection. Requires the state department to disclose these reports under Indiana's access to public records act. Requires the state department to: (1) publish the abortion complication reports on its website; and (2) send each abortion complication report to the office of the attorney general. Prohibits certain information on each form or report from being redacted. Requires the state department, if redacting: (1) a date; or (2) the age of the patient; from the form or report, to indicate on the form or report whether any applicable reporting deadline was met and whether or not the patient was a minor. Requires the state department to provide verification to the general assembly that the state department is in compliance concerning the release of these reports. Provides that an incomplete report concerning the performance of an abortion transmitted to the state department is subject to investigation by the state department and the office of the attorney general. Provides that a person who manufactures, distributes, mails, transports, delivers, prescribes, or provides an abortion inducing drug is jointly and severally liable for: (1) the wrongful death of an unborn child or pregnant woman from the use of an abortion inducing drug; and (2) personal injury of an unborn child or pregnant woman from the use of the abortion inducing drug. Allows the mother or father of an unborn child to bring a wrongful death action for the wrongful death of the unborn child from the use of abortion inducing drugs. Provides affirmative defenses. Allows for qui tam actions against certain persons. Adds an exception for the prohibition on abortion inducing drugs.
Statutes affected: Introduced Senate Bill (S): 4-6-2-1.1, 16-18-2-1, 16-18-2-1.6, 16-18-2-167, 16-18-2-282, 16-34-1-4, 16-34-2-1, 16-34-2-1.5, 16-34-2-4.5, 16-34-2-4.7, 16-34-2-5, 16-34-3-2, 16-34-3-4, 34-6-2.1-84, 34-13-9-0.7, 34-13-9-2, 35-46-5-1.5