4/14/2023 Session Update

By: Anna White

Happy Friday! We’re almost halfway through April, and the Legislative Session is coming to an end in just a few weeks. As a result, things are really picking up the pace in the Statehouse right now. Here’s a rundown of the bill movement for the week.

First and foremost, HB 1568 passed its third reading this week and was referred back to the House with no amendments. Its next stop is the Governor’s desk. That means that we are very close to making pharmacists points of access for hormonal oral and patch birth control for women who struggle to find another healthcare provider. If you’re as excited about this bill as we are, we encourage you to reach out and thank the legislators that supported this bill. Our online form through EveryAction will make it fast and easy! 

Speaking of good news, SB 252, Contraceptives and Pregnancy Matters, was passed and adopted in the House Public Health Committee and then amended and ordered engrossed in its second reading in the House. Initially, this bill allowed Long Acting Reversible Contraceptives (LARCs) to be transferred between Medicaid recipients. In other words, if a Medicaid recipient requested a LARC, but then did not follow through, the LARC could be given to another Medicaid recipient that wants it. It was essentially a medical waste bill, one that had the potential to save the state millions of dollars. But more recently, it was combined with another bill. It now changes the name of the doula reimbursement advisory board, adds additional issues for the board to consider, and puts a new member in place that’s appointed by the executive director of the professional licensing agency. 

Meanwhile, HB 1009, Court-Ordered Expenses, is also working its way through the legislature this week. This bill specifies that fathers should pay for delivery expenses, prenatal care, and how much. In late March, it was returned to the House with amendments, and last week, the House filed for a motion to concur. It passed that motion on the House floor earlier this week, on the 11th. Its next stop is the governor’s desk. 

HB 1334, which puts additional barriers in place for absentee voting by requiring a photocopy of a government-issued ID or certain identification numbers, was passed by the Senate and referred back to the House last week. This week, the House filed and passed a motion to concur. The bill should be headed to the governor’s desk soon.  

HB 1608, nicknamed Indiana’s ‘Don’t Say Gay” bill, was passed and amended in its second reading last week, on Thursday, April 6. Instead of requiring parental consent to allow students to use names and pronouns that do not align with their sex at birth, teachers and school staff now have to notify parents if the student begins using names, pronouns, and titles that do not correspond to their sex assigned at birth. This is still extremely dangerous because it outs transgender and nonbinary students to their parents. The rest of the bill remains largely the same, which includes banning discussion of LGBTQ+ topics in kindergarten through third-grade classrooms. There is some new language about not prohibiting teachers from responding to specific questions that students ask on certain topics, but it’s incredibly, and likely purposefully, vague. And it still includes the original clause that ensures school staff cannot face discipline for refusing to use names, pronouns, or titles that do not align with a student’s sex assigned at birth. This week, the bill passed its third reading and was returned to the House with amendments. The next steps for the House include filing for a motion to concur, and then putting it to a vote on the House floor. If the House follows through on filing and votes to pass the bill with Senate amendments, then we could see it end up on the governor’s desk in the coming weeks. Although this is disheartening, it’s important to remember that groups like the ACLU of Indiana might take action against the bill through the court system if it does pass. 

That’s a wrap for this week’s updates. For more details, check out the bill tracker below. Tune in next week for more legislative updates! And don’t forget to thank the legislators that voted in favor of 1568, Prescriptions for Hormonal Contraceptives.

Bill Tracker

  • SB 252: Allows for LARCS to be transferred between Medicaid recipients. The aim of this bill is to eliminate medical waste for LARCs that were prescribed for one patient but never actually used (IUDs and arm implants). Missouri, which has less Medicaid recipients than Indiana, has saved $1.8 million from a similar bill. Changes the name of the doula reimbursement advisory board to the doula and pregnancy support professions advisory board (advisory board). Adds additional issues for the advisory board to consider and adds a member appointed by the executive director of the professional licensing agency. Allows a long acting reversible contraceptive that is prescribed to and obtained for a Medicaid recipient to be transferred to another Medicaid recipient if certain requirements are met. 

    • First reading: referred to Committee on Health and Provider Services on 01/11

    • Adopted and passed by Health Provider Services Committee on 02/02

    • Second reading; ordered engrossed on 02/06

    • Third reading; passed unanimously on 02/07

    • Referred to the House on 02/09

    • First Reading: Referred to Committee on Public Health on 02/28

    • Passed & Adopted by Committee on 04/11

    • Second Reading: Amended & Ordered engrossed on 04/13

  • SB 376: Provides Medicaid eligibility for certain individuals who have immigrated and are lawfully residing in the United States and meet other Medicaid eligibility requirements. Specifies eligibility for the children’s health insurance program (CHIP) for lawfully residing individuals under 19 years of age. 

    • First Reading: referred to Committee on Family and Children Services on 01/19

    • Passed and Adopted by Committee on 02/06; reassigned to Committee on Appropriations

    • Passed & Adopted by Committee on Appropriations 02/23

    • Second Reading: ordered engrossed 02.28

    • Third Reading: Passed 02/28

    • Referred to House: 03/01

  • SB 480: Gender transition procedures for minors; Prohibits a physician or other practitioner from (1) knowingly providing gender transition procedures to an individual who is less than 18 years of age, and (2) aiding or abetting another physician or practitioner in the provision of gender transition procedures to a minor. Establishes civil enforcement actions.

    • First Reading; referred to Committee on Health and Provider Services on 01/19

    • Passed and Adopted in Committee 02/23

    • Second Reading, amended, ordered engrossed on 02/27

    • Third Reading, passed on 02/28

    • Referred to House 03/01

    • First Reading, referred to Committee on Public Health 03/06

    • Passed and Adopted by Committee on 03/21

    • Second Reading: Ordered Engrossed on 03/23

    • Third Reading: Passed on 03/27

    • Signed into law by Governor on 04/05 (The ACLU filed suit against this bill on the same day.)

  • HB 1009: Court-Ordered Pregnancy and Childbirth Expenses: Specifies what a court shall order a father to pay for pregnancy and childbirth expenses.

    • First Reading, assigned to committee on 01/12

    • Passed & Amended by committee on 02/09

    • Second Reading, ordered engrossed on 02/13

    • Third Reading: Passed on 02/14

    • Referred to Senate on 02/15

    • First Reading, Referred to Committee on Judiciary on 02/27

    • Amended and passed by Senate Judiciary Committee on 03/8

    • Second Reading Amended, Ordered Engrossed on 03/14

    • Placed back on Second Reading on 03/16

    • Reread second time, amended, ordered engrossed on 03/20

    • Third Reading: Passed on 03/21

    • Returned to the House with Amendments on 03/22

    • Motion to concur filed on 04/04

    • House concurred with Senate amendments on 04/11

  • HB 1116: Various Election Matters: Allows counties that have not yet redistricted to do so after the 2023 primaries, upending an election cycle and promoting “gaming the system” instead of fair maps. Also introduces a new voter fraud statute stipulating that anyone who is convicted of a vote fraud felony is deprived of their right to vote for the next ten years following the date of conviction. 

    • First Reading, referred to committee on elections and proportionment on 01/10

    • Passed and adopted by elections and proportionment, referred to Committee on Ways & Means on 01/26

    • Passed and adopted by Ways & Means on 02/08

    • Second Reading, ordered engrossed on 02/16

    • Third Reading: passed on 02/20

    • Referred to Senate on 02/21

    • 02/28: First Reading; referred to Committee on Elections

    • 03/20: Passed and adopted by Committee on Elections, reassigned to Committee on Tax & Fiscal Policy

  • HB 1334: Absentee Voting: Provides that an agency of the state or a political subdivision may not provide an individual with an application for an absentee ballot unless requested by the individual or member of the individual’s family. Provides that an absentee ballot must include: (1) certain identification numbers, or (2) a photocopy of: (A) the applicant’s Indiana’s driver’s license , (B) the applicant’s Indiana identification card number for nondrivers, or (C) other specified proof of identification. 

    • First Reading: Referred to Committee on Elections and Apportionment on 01/12

    • Amended and Passed by Committee on 02/16

    • Second Reading: Amended, Ordered Engrossed on 02/21

    • Third Reading: Passed 02/22

    • Referred to Senate on 02/23

    • In Committee 03/06, TBC

    • In Committee 03/20: Passed and Amended

    • Second Reading: Passed, amended, and ordered engrossed on 03/28

    • Third Reading: Passed on 04/03

    • Returned to the House with amendments on 04/04

    • Motion to concur filed 04/10

    • House concurred with Senate amendments on 04/11

  • HB 1568: Allows pharmacists to prescribe and dispense oral and patch hormonal contraceptives. Provides that pharmacists who oppose contraceptives on moral or religious grounds are exempt from prescribing them.

    • First Reading: referred to Committee on Health and Provider Services on 01/19

    • The Committee hearing for this bill began on 02/07 but did not close with a decision until the hearing continued on 02/14.

    • It passed its hearing on 02/14, but with an amendment that prohibited pharmacists from prescribing abortion-inducing drugs.

    • Second Reading: Amended, ordered engrossed 02/16

    • Third Reading : Passed, 02/20

    • Referred to the Senate on 02/21

    • Second reading: ordered engrossed on 02/16

    • Third Reading, passed, referred to Senate on 02/21

    • First Reading, referred to Committee on Health and Provider Services on 03/01

    • In Health & Provider Services Committee on 03/22, vote held

    • Passed in Health & Provider Services Committee on 03/29, referred to Appropriations Committee

    • Passed Appropriations Committee on 04/06

    • Second Reading: Ordered Engrossed on 04/10

    • 04/12: Returned to the House without Amendments

  • HB 1608: Human Sexuality Instruction: Bans human sexuality instruction in Kindergarten through Third Grade; requires school staff to notify parents if a student begins using names, titles, or pronouns inconsistent with their biological sex. Ensures that staff cannot get in trouble for using only names, pronouns, and titles consistent with a student’s biological sex. 

    • Status: First Reading: referred to Committee on Education 01/19

    • Passed & Adopted by Committee on 02/20

    • Second Reading: Ordered Engrossed on 02/22

    • Third Reading: Passed on 02/23

    • Referred to Senate on 02/24

    • First Reading, referred to Committee on Education & Career Development on 03/06

    • Passed & Adopted by committee on 03/22

    • Second Reading: Amended, ordered engrossed on 04/06

    • Third Reading: Passed on 04/10

    • Returned to the House with amendments on 04/11

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