Protection of Conscience Project
Protection of Conscience Project
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Service, not Servitude

Service, not Servitude
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Indiana

Senate Bill 201 (2019)

Check the status of this bill at the Indiana General Assembly

A BILL FOR AN ACT to amend the Indiana Code concerning health.

Be it enacted by the General Assembly of the State of Indiana:

SECTION 1. IC 16-34-1-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2019]:

Sec. 4. No:

(1) physician; or

(2) nurse;

(3) physician assistant;

(4) pharmacist; or

(5) employee or member of the staff of a hospital or other facility in which an abortion may be performed; shall be required to perform an abortion, to prescribe, administer, or dispense an abortion inducing drug, or to assist or participate in the medical procedures resulting in or intended to result in an abortion, if that individual objects to such procedures on ethical, moral, or religious grounds.

SECTION 2. IC 35-45-21-5, AS ADDED BY P.L.158-2013, SECTION 547, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2019]:

Sec. 5. (a) The following definitions apply throughout this section:

(1) "Health care provider" refers to a health care provider (as defined in IC 16-18-2-163(a), IC 16-18-2-163(b), or 3 IC 16-18-2-163(c)) IC 16-18-2-163(c), or IC 16-18-2-163(d)) or a qualified medication aide as described in IC 16-28-1-11. 

(2) "Licensed health professional" has the meaning set forth in 6 IC 25-23-1-27.1. 

(3) "Practitioner" has the meaning set forth in IC 16-42-19-5. However, the term does not include a veterinarian. 

(4) "Prescription drug" has the meaning set forth in 10 IC 35-48-1-25.

(b) A person who knowingly or intentionally physically interrupts, obstructs, or alters the delivery or administration of a prescription drug:

(1) prescribed or ordered by a practitioner for a person who is a patient of the practitioner; and

(2) without the prescription or order of a practitioner;

commits interference with medical services, a Class A misdemeanor, except as provided in subsection (c).

(c) An offense described in subsection (b) is:

(1) a Level 6 felony if the offense results in bodily injury;

(2) a Level 5 felony if it is committed by a person who is a licensed health care provider or licensed health professional;

(3) a Level 4 felony if it results in serious bodily injury to the patient; and

(4) a Level 2 felony if it results in the death of the patient.

(d) A person is justified in engaging in conduct otherwise prohibited under this section if the conduct is performed by:

(1) a health care provider or licensed health professional who acts in good faith within the scope of the person's practice or employment; or

(2) a person who is rendering emergency care at the scene of an emergency or accident in a good faith attempt to avoid or minimize serious bodily injury to the patient.