There is a brouhaha afoot in Lafayette with respect to the local Planned Parenthood which apparently dispenses RU-486 pill (Mifepristone). The pill is USFDA approved to terminate pregnancies of up to 49 days gestation. Per Wikipedia:
Mifepristone was approved for abortion in the U.S. by the FDA, in September 2000. It is legal and available in all 50 states, Washington, D.C., Guam and Puerto Rico. It is a prescription drug, but it is not available to the public through pharmacies; its distribution is restricted to specially qualified licensed physicians, sold by Danco Laboratories under the tradename Mifeprex.
I haven’t read a legal brief or anything by Indiana Right to Life which is raising this issue, so I can’t conclude from the J&C story the precise contours of its legal position, if it is taking one, but generally speaking, they complain that Planned Parenthood is providing the pill without being licensed as an abortion facility. IC 16-21-2-2.5 speaks to the State Department of Health’s development of rules for licensure of abortion clinics. However, “abortion clinic” is a term defined by the Indiana Code under IC 16-18-2-1.5:
Sec. 1.5. (a) “Abortion clinic”, for purposes of IC 16-21-2, means a freestanding entity that performs surgical abortion procedures.
(b) The term does not include the following:
(1) A hospital that is licensed as a hospital under IC 16-21-2.
(2) An ambulatory outpatient surgical center that is licensed as an ambulatory outpatient surgical center under IC 16-21-2.
(3) A physician’s office as long as the surgical procedures performed at the physician’s office are not primarily surgical abortion procedures.
As added by P.L.96-2005, SEC.2.
Under that definition, a facility would not become an “abortion clinic” by virtue of giving a pill that induces abortion because providing that pill does not constitute a “surgical abortion procedure.”
Indiana Right to Life’s letter to Attorney General Zoeller is here (pdf).
Our request stems from concern that women’s health and safety may be in jeopardy due to the fact that these abortions are occurring in a facility that is not inspected or licensed as other abortion clinics are required to do by law.
So, their concern does appear to be directed at Indiana’s abortion clinic licensure requirements; but, as I say, it looks fairly clear that the definition of “abortion clinic” under the Department of Health licensure provisions concerns itself with facilities that provide surgical abortions.