Indiana Committees Take Action On Abortion, Pharmacy-Related Legislation

Main Category: Abortion
Also Included In: Pharmacy / Pharmacist
Article Date: 15 Jan 2008 - 8:00 PDT

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Indiana legislative committees last week held hearings on two women's health-related measures. Summaries appear below.

Abortion

The Senate Judiciary Committee on Thursday debated but did not vote on a measure (SB 146) that would require physicians in the state to inform women seeking abortion that life begins at conception and that a fetus can feel pain during an abortion, the Indianapolis Star reports (Ruthhart, Indianapolis Star, 1/11). The bill also would require physicians to inform women in writing at least 18 hours before a scheduled abortion about adoption and the "physical risks" of abortion (SB 146 text, 1/11).

Bill sponsor Sen. Patricia Miller (R) agreed to a request by Sen. Tim Lanane (D) to change the bill text from a "fetus might feel pain" to "there are differing medical opinions concerning when a fetus feels pain." Lanane and Miller also agreed to alter language defining when life begins. The bill as introduced said that life begins "when a human ovum is fertilized by a human sperm." The amended bill replaces that language, saying that life begins when "an embryo formed by the fertilization of a human ovum by a human sperm immediately begins to divide and grow." Miller is opposing an amendment by Lanane that would define contraception as anything that prevents pregnancy before a fertilized egg attaches to a uterine wall -- which is the federal government's definition.

Indiana Right to Life, the Indiana Catholic Conference and the conservative advocacy group Advance America support the measure, while Planned Parenthood of Indiana and the Indianapolis Hebrew Congregation oppose it (Ruthhart, Indianapolis Star, 1/11).

Pharmacy Rules

The Senate Health Committee recently passed a measure (SB 3) that would allow pharmacists to refuse to dispense prescriptions that they believe will be used to abort a pregnancy or commit suicide, the Louisville Courier-Journal reports. The bill states that pharmacists will not be required to dispense prescriptions that they believe would "destroy an unborn child" but does not define "unborn child" (Weidenbener, Louisville Courier-Journal, 1/10). Under the bill, a pharmacist's refusal to dispense could not be the basis of a claim for damages or the basis for disciplinary action (SB 3 text, 1/14). PPI officials have said that the measure's language could allow pharmacists to refuse to dispense all hormonal contraceptives.

Sen. Gary Dillon (R) suggested removing the "unborn child" provision because there is a separate provision for abortions. Sen. Jeff Drozda (R), the bill's sponsor, suggested defining unborn child but did not offer a definition. Drozda said that contraception is "not covered" under the bill but added that it intends to cover emergency contraception. After the committee hearing, Drozda acknowledged that a pharmacist could interpret that the bill would allow refusal to fill contraception prescriptions.

IRTL, the Indiana Family Institute and Advance America all support the bill. The Indiana Pharmacist Alliance also supports the bill, although the group did not lobby for it and has not received complaints from pharmacists requesting such a rule, according to Bonnie Brown, an IPA lobbyist. PPI and the Jewish Community Relations Council are opposed to the bill (Louisville Courier-Journal, 1/10).

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