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TITLE 410 INDIANA DEPARTMENT OF HEALTH

Final Rule
LSA Document #22-74(F)

DIGEST

Adds 410 IAC 41 to clarify requirements for reporting of abortion complications as required by IC 16-34-2-4.7. Effective 30 days after filing with the Publisher.



SECTION 1. 410 IAC 41 IS ADDED TO READ AS FOLLOWS:

ARTICLE 41. ABORTION COMPLICATIONS REPORTING


Rule 1. Definitions


410 IAC 41-1-1 Applicability

Authority: IC 16-34-2-4.7
Affected: IC 16-34-2-4.7

Sec. 1. The definitions in this rule apply throughout this article.
(Indiana Department of Health; 410 IAC 41-1-1; filed Nov 4, 2022, 8:30 a.m.: 20221130-IR-410220074FRA)


410 IAC 41-1-2 "Abortion complication" defined

Authority: IC 16-34-2-4.7
Affected: IC 16-34-2-4.7

Sec. 2. "Abortion complication" means a condition listed in IC 16-34-2-4.7 that, in the reasonable medical judgment of the treating provider, arises from the induction or performance of an abortion.
(Indiana Department of Health; 410 IAC 41-1-2; filed Nov 4, 2022, 8:30 a.m.: 20221130-IR-410220074FRA)


410 IAC 41-1-3 "Department" defined

Authority: IC 16-34-2-4.7
Affected: IC 16-34-2-4.7

Sec. 3. "Department" means the Indiana department of health.
(Indiana Department of Health; 410 IAC 41-1-3; filed Nov 4, 2022, 8:30 a.m.: 20221130-IR-410220074FRA)


410 IAC 41-1-4 "Facility" defined

Authority: IC 16-34-2-4.7

Sec. 4. "Facility" means an entity, other than a physician, that is required to report abortion complications under IC 16-34-2-4.7.
(Indiana Department of Health; 410 IAC 41-1-4; filed Nov 4, 2022, 8:30 a.m.: 20221130-IR-410220074FRA)


Rule 2. Abortion Complications Reporting


410 IAC 41-2-1 Reporting complications

Authority: IC 16-34-2-4.7

Sec. 1. (a) The following persons shall report to the department each case in which the person treated a patient suffering from an abortion complication:
(1) A physician licensed under IC 25-22.5.
(2) A facility.

(b) In the case of a physician treating a patient at a facility, the physician and the facility are not required to separately report the same abortion complication. The physician and the facility must have a process in place to assure that the required report is made in compliance with this rule and IC 16-34-2-4.7.
(Indiana Department of Health; 410 IAC 41-2-1; filed Nov 4, 2022, 8:30 a.m.: 20221130-IR-410220074FRA)


410 IAC 41-2-2 Submission and contents of report

Authority: IC 16-34-2-4.7
Affected: IC 16-34-2-4.7

Sec. 2. (a) A report of an abortion complication shall be submitted to the department within thirty (30) calendar days of the date of the onset of treatment for the reported complication.

(b) The report shall:
(1) include the information required by IC 16-34-2-4.7; and
(2) be made on the form prescribed by the department.

(c) A new report shall be made for any follow-up visits in which a new abortion complication is diagnosed and treated. The new report shall be submitted within thirty (30) calendar days of the follow-up visit.
(Indiana Department of Health; 410 IAC 41-2-2; filed Nov 4, 2022, 8:30 a.m.: 20221130-IR-410220074FRA)


LSA Document #22-74(F)
Notice of Intent: 20220316-IR-410220074NIA
Proposed Rule: 20220518-IR-410220074PRA
Hearing Held: June 21, 2022
Approved by Attorney General: October 19, 2022
Approved by Governor: November 2, 2022
Filed with Publisher: November 4, 2022, 8:30 a.m.
Documents Incorporated by Reference: None Received by Publisher
Small Business Regulatory Coordinator: Kelly MacKinnon, Indiana State Department of Health, 2 North Meridian Street, Section 3H-99, Indianapolis, IN 46204, (317) 233-7316, kmackinnon@isdh.in.gov

Posted: 11/30/2022 by Legislative Services Agency

DIN: 20221130-IR-410220074FRA
Composed: Jul 17,2024 10:47:43PM EDT
A PDF version of this document.