Refusal to Provide Medical Services

ABORTION REFUSAL CLAUSE

Indiana allows certain individuals or entities to refuse to provide abortion services.

To whom does the refusal clause apply?  Hospitals, physicians, or hospital or facility employees or staff members.

What does the refusal clause allow?  No physician or hospital or facility employee or staff member, who objects on ethical, moral, or religious grounds, may be required to participate in medical procedures that result in abortion.  No person may be required to participate as a condition of training, employment, pay, promotion, or privileges.  A person's moral beliefs about abortion may not be a basis for discrimination or discipline.  A person may bring a civil action for damages and reinstatement for violation of these provisions.  No private or denominational hospital may be required to permit its facilities to be utilized for the performance of abortion.

Does the law require the refusing entity to notify the persons affected?  No.

Are there circumstances under which a refusal clause may not be exercised?  No.

Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for abortion services?  No.

Does the law provide a mechanism for women to otherwise obtain specific reproductive health services, information, or referrals if an individual and/or entity exercises a refusal clause?  No.

Ind. Code Ann. §§ 16-34-1-3 to -7 (Enacted 1973; Recodified 1993).