Bill Text: IA HF2163 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act recognizing the rights and protections accorded each life from the moment of fetal heartbeat detection, prohibiting the performance of an abortion if a fetal heartbeat is detected, providing for licensee discipline, and providing a repeal.
Spectrum: Partisan Bill (Republican 19-0)
Status: (Introduced - Dead) 2018-01-31 - Introduced, referred to Human Resources. H.J. 177. [HF2163 Detail]
Download: Iowa-2017-HF2163-Introduced.html
House File 2163 - Introduced HOUSE FILE BY SALMON, HEARTSILL, WHEELER, SHEETS, WATTS, PETTENGILL, GASSMAN, GUSTAFSON, JACOBSEN, HOLT, KOESTER, BAXTER, FISHER, KERR, DOLECHECK, LUNDGREN, HAGER, MOORE, LANDON, and ROGERS A BILL FOR 1 An Act recognizing the rights and protections accorded 2 each life from the moment of fetal heartbeat detection, 3 prohibiting the performance of an abortion if a fetal 4 heartbeat is detected, providing for licensee discipline, 5 and providing a repeal. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5124YH (11) 87 pf/rh PAG LIN 1 1 DIVISION I 1 2 RIGHTS AND PROTECTIONS BEGINNING AT FETAL HEARTBEAT DETECTION 1 3 Section 1. NEW SECTION. 1.19 Rights and protections 1 4 beginning at fetal heartbeat detection ==== construction. 1 5 1. The sovereign state of Iowa recognizes that life is 1 6 valued and protected, and each life, from the moment the fetal 1 7 heartbeat is detected in accordance with section 146B.2, is 1 8 accorded the same rights and protections, including the right 1 9 to life, guaranteed to all persons by the Constitution of the 1 10 United States, the Constitution of the State of Iowa, and the 1 11 laws of this state. 1 12 2. This section shall not be construed to create or 1 13 recognize a right to an abortion, to impose civil or criminal 1 14 liability on a woman upon whom an abortion is performed, or to 1 15 prohibit the use of any means of contraception as defined in 1 16 section 146B.1. 1 17 DIVISION II 1 18 HEARTBEAT PROTECTION ACT 1 19 Sec. 2. NEW SECTION. 146B.01 Title. 1 20 This chapter shall be known and may be cited as the 1 21 "Heartbeat Protection Act". 1 22 Sec. 3. Section 146B.1, Code 2018, is amended by adding the 1 23 following new subsections: 1 24 NEW SUBSECTION. 01. "Abortifacient" means a method of 1 25 inhibiting the development of a human pregnancy at any stage 1 26 following conception. 1 27 NEW SUBSECTION. 2A. "Contraception" means a method of 1 28 inhibiting the development of a human pregnancy at any stage 1 29 prior to conception. "Contraception" does not include an 1 30 abortifacient. 1 31 NEW SUBSECTION. 4A. "Fetal heartbeat" means cardiac 1 32 activity, the steady and repetitive rhythmic contraction of the 1 33 fetal heart within the gestational sac. 1 34 NEW SUBSECTION. 10A. "Pregnancy" means the human female 1 35 reproductive condition that begins with fertilization when 2 1 the female is carrying the developing human offspring and is 2 2 calculated from the first day of the last menstrual period of 2 3 the human female. 2 4 Sec. 4. Section 146B.1, subsections 7 and 11, Code 2018, are 2 5 amended by striking the subsections. 2 6 Sec. 5. Section 146B.2, Code 2018, is amended by striking 2 7 the section and inserting in lieu thereof the following: 2 8 146B.2 Prohibition of abortion based on detection of fetal 2 9 heartbeat ==== exceptions ==== licensee discipline. 2 10 1. Except in the case of a medical emergency, an abortion 2 11 shall not be performed or be attempted to be performed unless 2 12 the physician performing the abortion has first complied with 2 13 the prerequisites of chapter 146A and has tested, and certified 2 14 in the pregnant woman's medical record the testing of, the 2 15 pregnant woman as specified in this subsection, to determine if 2 16 a fetal heartbeat is detectable. 2 17 a. In testing for a detectable fetal heartbeat, the 2 18 physician shall perform an abdominal ultrasound, necessary to 2 19 detect a fetal heartbeat according to standard medical practice 2 20 and including the use of medical devices, as determined by 2 21 standard medical practice and specified by rule of the board 2 22 of medicine. 2 23 b. Following the testing of the pregnant woman for a 2 24 detectable fetal heartbeat, the physician shall inform the 2 25 pregnant woman, in writing, of all of the following: 2 26 (1) Whether a fetal heartbeat was detected. 2 27 (2) That if a fetal heartbeat was detected, an abortion is 2 28 prohibited. 2 29 c. Upon receipt of the written information, the pregnant 2 30 woman shall sign a form acknowledging that the pregnant woman 2 31 has received the information as required under this subsection, 2 32 and a copy of the signed acknowledgment shall be included in 2 33 the pregnant woman's medical record. 2 34 2. A physician shall not perform or attempt to perform an 2 35 abortion upon a pregnant woman when it has been determined, by 3 1 the physician performing the abortion or by another physician 3 2 upon whose determination that physician relies, that the 3 3 unborn child has a detectable fetal heartbeat, unless, in the 3 4 physician's reasonable medical judgment, a medical emergency 3 5 exists. 3 6 3. Failure of a physician to comply with this section is 3 7 grounds for licensee discipline under chapter 148. 3 8 4. This section shall not be construed to do any of the 3 9 following: 3 10 a. Create or recognize a right to an abortion. 3 11 b. Impose civil or criminal liability on a woman upon whom 3 12 an abortion is performed. 3 13 c. Prohibit the sale, use, prescription, or administration 3 14 of a measure, drug, or chemical designed for the purposes of 3 15 contraception. 3 16 5. The board of medicine shall adopt rules pursuant to 3 17 chapter 17A to administer this section. 3 18 Sec. 6. REPEAL. Section 146B.3, Code 2018, is repealed. 3 19 DIVISION III 3 20 CONFORMING PROVISIONS 3 21 Sec. 7. Section 146A.1, subsection 6, Code 2018, is amended 3 22 to read as follows: 3 23 6. As used in this section, "medical emergency" and "unborn 3 24 child"means an individual organism of the species homo sapiens 3 25 from fertilization to live birthmean the same as defined in 3 26 section 146B.1. 3 27 EXPLANATION 3 28 The inclusion of this explanation does not constitute agreement with 3 29 the explanation's substance by the members of the general assembly. 3 30 This bill includes provisions relating to the rights of 3 31 protection accorded each life and the prohibition against 3 32 abortion, based on detection of a fetal heartbeat. The bill is 3 33 organized into divisions. 3 34 Division I provides for the recognition that each life 3 35 begins at the moment the fetal heartbeat is detected, and that 4 1 at that point is accorded the same rights and protections 4 2 guaranteed to all persons by the Constitution of the United 4 3 States, the Constitution of the State of Iowa, and the laws of 4 4 this state. This provision is not to be construed to create or 4 5 recognize a right to an abortion, to impose civil or criminal 4 6 liability on a woman upon whom an abortion is performed, or to 4 7 prohibit the use of any means of contraception. 4 8 Division II repeals or strikes and replaces portions of Code 4 9 chapter 146B (abortion == limitations and prerequisites) which 4 10 prohibits the abortion of an unborn child (defined in Code 4 11 section 146B.1 as an individual organism of the species homo 4 12 sapiens from fertilization until live birth) from 20 or more 4 13 weeks postfertilization age, to instead prohibit an abortion 4 14 from the time an unborn child has a detectable heartbeat. The 4 15 bill also provides definitions, provides for the manner in 4 16 which a physician is to test for a detectable fetal heartbeat, 4 17 requires written information to be provided to a pregnant woman 4 18 following the testing for a fetal heartbeat, and requires that 4 19 upon receipt of the written information, the pregnant woman 4 20 shall sign a form acknowledging receipt of the information and 4 21 a copy of the signed acknowledgment is to be included in the 4 22 woman's medical record. 4 23 The division prohibits a physician from performing or 4 24 attempting to perform an abortion upon a pregnant woman when it 4 25 has been determined, by the physician performing the abortion 4 26 or by another physician upon whose determination that physician 4 27 relies, that the unborn child has a detectable fetal heartbeat, 4 28 unless, in the physician's reasonable medical judgment, a 4 29 medical emergency exists. Failure of a physician to comply 4 30 with the division is grounds for licensee discipline under Code 4 31 chapter 148 (medicine and surgery and osteopathic medicine 4 32 and surgery). The division is not to be construed to create 4 33 or recognize a right to an abortion; impose civil or criminal 4 34 liability on a woman upon whom an abortion is performed; or 4 35 to prohibit the sale, use, prescription, or administration 5 1 of a measure, drug, or chemical designed for the purposes of 5 2 contraception. The board of medicine is required to adopt 5 3 rules pursuant to Code chapter 17A to administer the provisions 5 4 of the division. 5 5 Division III of the bill makes a conforming change to Code 5 6 chapter 146A to provide a consistent definition of "medical 5 7 emergency" in both Code chapters 146A and 146B. LSB 5124YH (11) 87 pf/rh
