Proposal would outlaw use of abortion pills and tighten rape exception in Indiana

A new bill would further clamp down on abortions in Indiana by banning procedures using pills and requiring women to file an affidavit of rape to meet one of the state’s few exceptions.

Its future is uncertain since it was filed by a Senate Republican — Indianapolis Sen. Mike Young — who has clashed with caucus leadership over Indiana’s abortion ban.

Young told ICC that he believes abortions using medications are more dangerous and that’s why he wants to ban them.

“Our job is not only protect the lives of more children, it’s our job is protect women’s lives as well,” he said.

Young noted anyone can obtain these pills without a prescription and there have been incidents where someone put the pills in a woman’s drink to try to cause an abortion against her will.

But physicians are balking.

“This is a government intrusion into medicine and healthcare with no other purpose but to put extreme ideology into law and take medical options away from patients,” said Indianapolis OB-GYN Dr. Caitlin Bernard. “This will lead to women dying in our state, something that we should all be fighting to prevent.

Bans the use of “abortion-inducing drugs” in the state — even for women who meet a legal exception to obtain an abortion. Some of Indiana’s abortions fall under this medical category and would now require a surgical abortion.Makes it a misdemeanor to prescribe or possess abortion-inducing drugs in the state, but has a defense for pregnant women. State law defines an abortion-inducing drug as a “substance, drug, or medicine that is prescribed or dispensed with the intent to terminate a pregnancy.”Requires a woman who seeks an abortion under the state’s rape or incest exceptions to provide the doctor with an affidavit under penalties of perjury attesting to the rape or incest. This requirement was defeated in 2022 during an amendment fight.Makes it illegal for nonprofit organizations in Indiana to provide or offer financial assistance to pay for, offset the cost of, or reimburse the cost of an abortion-inducing drug.Gives the Attorney General concurrent jurisdiction over actions concerning abortion-inducing drugs. This means the attorney general would be able to prosecute criminal cases if a local prosecutor doesn’t.

Bernard said requiring affidavits will retraumatize sexual assault survivors who “are more likely to not seek care if they know they will be forced to go through this agonizing process.”

She also noted that thousands of people every year depend on nonprofit abortion funds to help them pay for medication abortions at clinics in surrounding states.

Haley Bougher, Indiana state director for Planned Parenthood Alliance Advocates, said, “Senate Bill 171 is yet another egregious attack on Hoosier health that would only deepen existing health care inequities caused by the state’s current abortion ban. SB 171 bans medication abortion, criminalizes compassionate medical care, and adds dangerous barriers for patients — particularly survivors of rape or incest — by requiring invasive affidavits that undermine privacy and safety. This bill is not about protecting patients but about controlling them.”

Planned Parenthood lost the ability to provide abortion care after the state’s 2022 abortion ban was put in place.

“This legislation is riddled with constitutional challenges and legal enforceability, as it infringes on the right to travel and access legal care in other states,” Bougher said. “These measures are duplicative, wasteful and show just how far extremists will go to ensure not a single Hoosier can access abortion care in their home community or even across state lines. This bill isn’t what Hoosiers want and should be stopped immediately.”

The legislation has been referred to the Senate Health and Provider Services Committee.