Bill Text: IA HF2210 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to abortion complications and statistical reporting, and providing penalties.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2022-02-10 - Subcommittee recommends amendment and passage. Vote Total: 2-1 [HF2210 Detail]
Download: Iowa-2021-HF2210-Introduced.html
House
File
2210
-
Introduced
HOUSE
FILE
2210
BY
SALMON
and
BODEN
A
BILL
FOR
An
Act
relating
to
abortion
complications
and
statistical
1
reporting,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5669YH
(3)
89
pf/rh
H.F.
2210
Section
1.
NEW
SECTION
.
146F.1
Definitions.
1
For
the
purposes
of
this
chapter,
unless
the
context
2
otherwise
requires:
3
1.
“Abortion”
means
the
act
of
using
or
prescribing
any
4
instrument,
medicine,
drug,
or
any
other
substance,
device,
or
5
means
with
the
intent
to
terminate
the
clinically
diagnosable
6
pregnancy
of
a
woman
with
knowledge
that
the
termination
by
7
those
means
will,
with
reasonable
likelihood,
cause
the
death
8
of
the
unborn
child.
Such
use,
prescription,
or
means
is
9
not
an
abortion
if
done
with
the
intent
to
save
the
life
or
10
preserve
the
health
of
an
unborn
child,
remove
a
dead
unborn
11
child
caused
by
spontaneous
abortion,
or
remove
an
ectopic
12
pregnancy.
For
purposes
of
data
collected
pursuant
to
section
13
144.29A
and
used
for
the
public
dashboard
created
in
section
14
146F.4,
“abortion”
includes
an
induced
termination
of
pregnancy
15
as
defined
in
section
144.29A.
16
2.
“Complication”
means
any
adverse
physical
or
17
psychological
condition
arising
from
an
abortion.
18
3.
“Department”
means
the
department
of
public
health.
19
4.
“Gestational
age
or
probable
gestational
age”
means
the
20
age
of
the
unborn
child
as
calculated
from
the
first
day
of
the
21
last
menstrual
period
of
the
pregnant
woman.
22
5.
“Health
care
provider”
means
an
individual
licensed
23
under
chapter
148,
148C,
148D,
152,
or
152E,
or
any
individual
24
who
provides
medical
services
under
the
authorization
of
the
25
licensee.
26
6.
“Medical
facility”
means
the
same
as
defined
in
section
27
146B.1.
28
7.
“Physician”
means
a
person
licensed
under
chapter
148
29
to
practice
medicine
and
surgery
or
osteopathic
medicine
and
30
surgery
in
this
state.
31
8.
“Pregnant”
means
the
female
reproductive
condition
of
32
having
an
unborn
child
in
the
woman’s
uterus.
33
9.
“Spontaneous
termination
of
pregnancy”
means
the
same
as
34
defined
in
section
144.29A.
35
-1-
LSB
5669YH
(3)
89
pf/rh
1/
11
H.F.
2210
10.
“Unborn
child”
means
the
same
as
defined
in
section
1
146B.1.
2
Sec.
2.
NEW
SECTION
.
146F.2
Abortion
complications
——
3
reporting
requirements.
4
1.
A
health
care
provider
or
medical
facility
that
provides
5
care
to
a
woman
who
reports
any
complication,
requires
medical
6
treatment,
or
suffers
death
that
the
health
care
provider
or
7
medical
facility
has
reason
to
believe
is
a
primary,
secondary,
8
or
tertiary
result
of
an
abortion
shall
file
a
written
report
9
with
the
department.
The
report
shall
be
completed
and
signed
10
by
the
health
care
provider
or
medical
facility
that
attended
11
the
woman
and
shall
be
transmitted
to
the
department
within
12
thirty
days
of
the
death
of
the
woman
or
of
discharge
of
the
13
woman
reporting
or
being
treated
for
the
complication.
The
14
reports
submitted
shall
comply
with
section
146F.3.
15
2.
Each
report
of
a
complication,
medical
treatment,
or
16
death
following
an
abortion
required
under
this
section
shall
17
contain,
at
a
minimum,
all
of
the
following
information:
18
a.
The
age
of
the
woman.
19
b.
The
race
and
ethnicity
of
the
woman.
20
c.
The
woman’s
county
of
residence,
if
in
this
state;
21
the
woman’s
state
of
residence,
if
not
in
this
state;
or,
if
22
the
woman
is
not
a
citizen
of
the
United
States,
the
woman’s
23
country
of
origin.
24
d.
The
number
of
the
woman’s
prior
pregnancies,
live
births,
25
spontaneous
terminations
of
pregnancy,
and
abortions.
26
e.
The
date
the
abortion
was
performed,
as
well
as
the
27
reason
for
the
abortion
and
the
method
used,
if
known.
28
f.
Identification
of
the
physician
who
performed
the
29
abortion,
the
medical
facility
where
the
abortion
was
30
performed,
and
the
referring
physician,
agency,
or
service,
if
31
any.
32
g.
The
specific
complication
that
led
to
the
treatment
33
or
death
including
but
not
limited
to
failure
to
actually
34
terminate
the
pregnancy,
missed
ectopic
pregnancy,
uterine
35
-2-
LSB
5669YH
(3)
89
pf/rh
2/
11
H.F.
2210
perforation,
cervical
perforation,
incomplete
abortion
1
(retained
tissue),
bleeding,
infection,
hemorrhage,
blood
2
clots,
cardiac
arrest,
respiratory
arrest,
pelvic
inflammatory
3
disease,
damage
to
pelvic
organs,
endometritis,
renal
failure,
4
metabolic
disorder,
shock,
embolism,
free
fluid
in
the
5
abdomen,
acute
abdomen,
adverse
reaction
to
anesthesia
or
6
other
drugs,
hemolytic
reaction
due
to
the
administration
of
7
ABO-incompatible
blood
or
blood
products,
hypoglycemia
where
8
the
onset
occurred
while
the
woman
was
being
cared
for
in
the
9
medical
facility
where
the
abortion
was
performed,
physical
10
injury
associated
with
therapy
performed
in
the
medical
11
facility
where
the
abortion
was
performed,
coma,
death,
and
12
psychological
or
emotional
complications
including
but
not
13
limited
to
depression,
suicidal
ideation,
anxiety,
and
sleep
14
disorders.
15
h.
The
amount
billed
for
the
costs
of
treatment
of
the
16
specific
complication,
including
whether
the
treatment
was
17
billed
to
public
health
insurance
including
Medicaid,
private
18
health
insurance,
self-pay
including
not
being
billed
to
19
private
health
insurance,
or
other
payment
source.
The
amount
20
billed
shall
include
charges
for
any
physician,
hospital,
21
emergency
room,
prescription
or
other
drugs,
laboratory
tests,
22
and
any
other
costs
for
the
treatment
rendered.
23
Sec.
3.
NEW
SECTION
.
146F.3
Forms
and
requirements
for
24
reporting
of
abortion
complication
information.
25
1.
The
department
shall
assign
a
code
to
any
health
care
26
provider
or
medical
facility
that
may
be
required
to
report
27
information
or
that
may
be
identified
under
section
146F.2.
An
28
application
procedure
shall
not
be
required
for
assignment
of
a
29
code
to
a
health
care
provider
or
medical
facility.
30
2.
A
health
care
provider
or
medical
facility
shall
assign
a
31
report
tracking
number
to
each
report
which
enables
the
health
32
care
provider
or
medical
facility
to
access
the
woman’s
medical
33
information
without
identifying
the
woman.
34
3.
The
department
shall
develop
and
make
available
to
35
-3-
LSB
5669YH
(3)
89
pf/rh
3/
11
H.F.
2210
health
care
providers
and
medical
facilities
reporting
forms
to
1
collect
the
required
information
under
section
146F.2.
2
4.
The
information
collected
and
reported,
the
data
3
compiled
under
section
146F.2,
and
the
reports
submitted
shall
4
comply
with
the
limitations
and
confidentiality
requirements
5
established
pursuant
to
section
144.29A.
6
Sec.
4.
NEW
SECTION
.
146F.4
Abortion
data
public
dashboard
7
——
reports.
8
1.
a.
The
department
shall
develop
a
public
dashboard
to
9
inform
the
public
on
a
quarterly
basis
of
statewide
aggregate
10
data
compiled
based
on
the
information
included
in
reports
11
submitted
by
health
care
providers
and
medical
facilities
under
12
this
chapter
and
section
144.29A.
The
dashboard
shall
have
the
13
capacity
to
be
updated
on
a
weekly
basis.
14
b.
The
department
shall
maintain
and
update
the
dashboard
in
15
accordance
with
this
section.
16
c.
The
dashboard
shall
provide
statewide
aggregate
data,
17
which
shall
be
available
in
a
downloadable
format,
relating
to
18
all
of
the
following:
19
(1)
The
number
of
abortions
performed
during
the
prior
20
quarter.
21
(2)
A
running
total
of
the
number
of
abortions
performed
to
22
date
in
the
current
calendar
year.
23
(3)
The
type
of
procedure
used
to
perform
the
abortion.
24
(4)
The
gestational
age
or
probable
gestational
age
of
the
25
unborn
child
in
weeks.
26
(5)
The
age
of
the
woman.
27
(6)
The
race
and
ethnicity
of
the
woman.
28
(7)
The
number
and
type
of
complications
resulting
from
the
29
abortions
performed
during
the
prior
quarter.
30
2.
a.
The
information
collected
and
reported
and
the
data
31
compiled
under
this
section
shall
comply
with
the
limitations
32
and
confidentiality
requirements
established
pursuant
to
33
section
144.29A.
34
b.
The
data
on
the
dashboard
shall
be
displayed
as
statewide
35
-4-
LSB
5669YH
(3)
89
pf/rh
4/
11
H.F.
2210
aggregate
data
for
the
current
calendar
year
only;
however,
1
the
dashboard
shall
have
the
capacity
to
allow
the
public
to
2
view
the
data
for
any
previous
year
for
which
such
data
is
3
available,
delineated
by
month.
4
c.
The
total
number
of
abortions
reported
to
date
shall
be
5
renewed
each
calendar
year,
annually,
on
January
1.
6
3.
The
department
shall
implement
the
dashboard
by
January
7
20,
2023;
health
care
providers
and
medical
facilities
shall
8
report
the
required
information
beginning
February
1,
2023;
and
9
the
initial
display
of
dashboard
data
shall
be
made
available
10
to
the
public
no
later
than
11:59
p.m.
on
February
2,
2023.
11
Sec.
5.
Section
144.29A,
subsection
1,
paragraphs
c
and
k,
12
Code
2022,
are
amended
to
read
as
follows:
13
c.
The
maternal
health
services
region
of
the
Iowa
14
department
of
public
health,
as
designated
as
of
July
1,
1997,
15
county
in
Iowa,
or
if
not
in
Iowa,
the
state
in
which
the
16
patient
resides.
17
k.
The
method
used
for
an
induced
termination,
including
18
whether
mifepristone
:
19
(1)
Whether
an
abortion-inducing
drug
was
used.
20
(2)
Whether
surgical
means
were
used
to
induce
a
termination
21
of
pregnancy
immediately
following
the
unsuccessful
use
of
an
22
abortion-inducing
drug
to
terminate
the
pregnancy.
23
Sec.
6.
Section
144.29A,
subsection
1,
Code
2022,
is
amended
24
by
adding
the
following
new
paragraphs:
25
NEW
PARAGRAPH
.
l.
The
gender
of
the
unborn
child,
if
known.
26
NEW
PARAGRAPH
.
m.
Whether
the
woman,
prior
to
seeking
27
an
induced
termination
of
pregnancy,
received
all
of
the
28
following:
29
(1)
Any
state-mandated
informed
consent
counseling
for
an
30
induced
termination
of
pregnancy.
31
(2)
Any
verbal
or
written
counseling
related
to
the
risks
32
and
complications
of
an
induced
termination
of
pregnancy.
33
(3)
Any
information
related
to
alternatives
to
an
induced
34
termination
of
pregnancy.
35
-5-
LSB
5669YH
(3)
89
pf/rh
5/
11
H.F.
2210
(4)
An
ultrasound
imaging
of
the
unborn
child.
1
NEW
PARAGRAPH
.
n.
The
specific
reasons
for
the
induced
2
termination
of
pregnancy,
including
but
not
limited
to
the
3
following:
4
(1)
Whether
the
pregnancy
was
the
result
of
rape
or
incest.
5
(2)
Economic
reasons.
6
(3)
Whether
the
woman
does
not
want
the
child
at
the
present
7
time.
8
(4)
Whether
the
woman’s
physical
health
is
endangered
9
and
the
specific
reason
her
physical
health
is
endangered,
10
including
any
preexisting
condition.
11
(5)
Whether
the
woman’s
psychological,
mental,
or
emotional
12
health
is
endangered
and
the
specific
reason
her
psychological,
13
mental,
or
emotional
health
is
endangered,
including
any
14
preexisting
condition.
15
(6)
Whether
the
woman
will
suffer
substantial
and
16
irreversible
impairment
of
a
major
bodily
function
if
the
17
pregnancy
continues,
specifically
identifying
the
potential
18
impairment.
19
(7)
The
actual
or
presumed
gender
or
race
of
the
child.
20
(8)
The
diagnosis,
presence,
or
presumed
presence
of
a
21
genetic
anomaly,
specifically
identifying
the
anomaly,
if
22
known.
23
NEW
PARAGRAPH
.
o.
Whether
the
woman
refused
to
provide
a
24
reason
for
the
induced
termination
of
pregnancy
under
paragraph
25
“n”
.
26
NEW
PARAGRAPH
.
p.
The
county
in
which
the
induced
27
termination
of
pregnancy
was
performed.
28
NEW
PARAGRAPH
.
q.
Whether
the
induced
termination
of
29
pregnancy
was
paid
for
by
any
of
the
following:
30
(1)
Private
health
insurance.
31
(2)
Public
health
insurance
including
Medicaid.
32
(3)
Self-pay,
including
not
being
billed
to
or
paid
for
33
through
insurance.
34
NEW
PARAGRAPH
.
r.
Complications,
if
any,
from
the
induced
35
-6-
LSB
5669YH
(3)
89
pf/rh
6/
11
H.F.
2210
termination
of
pregnancy,
including
if
the
induced
termination
1
of
pregnancy
resulted
in
death.
2
Sec.
7.
Section
144.29A,
subsection
2,
Code
2022,
is
amended
3
to
read
as
follows:
4
2.
It
is
the
intent
of
the
general
assembly
that
the
5
information
shall
be
collected,
reproduced,
released,
and
6
disclosed
in
a
manner
specified
by
rule
of
the
department,
7
adopted
pursuant
to
chapter
17A
,
which
ensures
the
anonymity
8
of
the
patient
who
experiences
a
termination
of
pregnancy,
the
9
health
care
provider
who
identifies
and
diagnoses
or
induces
a
10
termination
of
pregnancy,
and
the
hospital,
clinic,
or
other
11
health
medical
facility
in
which
a
termination
of
pregnancy
12
is
identified
and
diagnosed
or
induced.
The
department
shall
13
share
information
with
the
centers
for
disease
control
and
14
prevention
of
the
United
States
department
of
health
and
human
15
services
and
may
share
information
with
other
federal
public
16
health
officials
for
the
purposes
of
securing
federal
funding
17
or
conducting
public
health
research.
However,
in
sharing
the
18
information,
the
department
shall
not
relinquish
control
of
the
19
information,
and
any
agreement
entered
into
by
the
department
20
with
federal
public
health
officials
to
share
information
shall
21
prohibit
the
use,
reproduction,
release,
or
disclosure
of
the
22
information
by
federal
public
health
officials
in
a
manner
23
which
violates
this
section
.
The
department
shall
publish,
24
annually,
a
demographic
summary
of
the
information
obtained
25
pursuant
to
this
section
,
except
that
the
department
shall
26
not
reproduce,
release,
or
disclose
any
information
obtained
27
pursuant
to
this
section
which
reveals
the
identity
of
any
28
patient,
health
care
provider,
hospital,
clinic,
or
other
29
health
medical
facility,
and
shall
ensure
anonymity
in
the
30
following
ways:
31
a.
The
department
may
use
information
concerning
the
report
32
tracking
number
or
concerning
the
identity
of
a
reporting
33
health
care
provider
,
hospital,
clinic,
or
other
health
medical
34
facility
only
for
purposes
of
information
collection.
The
35
-7-
LSB
5669YH
(3)
89
pf/rh
7/
11
H.F.
2210
department
shall
not
reproduce,
release,
or
disclose
this
1
information
for
any
purpose
other
than
for
use
in
annually
2
publishing
the
demographic
summary
under
this
section
and
as
3
necessary
to
comply
with
the
requirements
related
to
the
public
4
dashboard
pursuant
to
section
146F.4
.
5
b.
The
department
shall
enter
the
information,
from
any
6
report
of
termination
submitted,
within
thirty
days
of
receipt
7
of
the
report,
and
shall
immediately
destroy
the
report
8
following
entry
of
the
information.
However,
entry
of
the
9
information
from
a
report
shall
not
include
any
health
care
10
provider
,
hospital,
clinic,
or
other
health
medical
facility
11
identification
information
including,
but
not
limited
to,
the
12
confidential
health
care
provider
code,
as
assigned
by
the
13
department.
14
c.
To
protect
confidentiality,
the
department
shall
limit
15
release
of
information
to
release
in
an
aggregate
form
which
16
prevents
identification
of
any
individual
patient,
health
17
care
provider,
hospital,
clinic,
or
other
health
medical
18
facility.
For
the
purposes
of
this
paragraph,
“aggregate
19
form”
means
a
compilation
of
the
information
received
by
the
20
department
on
termination
of
pregnancies
for
each
information
21
item
listed,
with
the
exceptions
of
the
report
tracking
number,
22
the
health
care
provider
code,
and
any
set
of
information
for
23
which
the
amount
is
so
small
that
the
confidentiality
of
any
24
person
to
whom
the
information
relates
may
be
compromised.
25
The
department
shall
establish
a
methodology
to
provide
a
26
statistically
verifiable
basis
for
any
determination
of
the
27
correct
amount
at
which
information
may
be
released
so
that
28
the
confidentiality
of
any
person
is
not
compromised.
If
the
29
department
determines
that
confidentiality
of
any
person
is
not
30
compromised,
if
fewer
than
five
terminations
of
pregnancy
are
31
reported
in
a
county,
annually,
the
annual
demographic
summary
32
and
any
information
included
on
the
public
dashboard
pursuant
33
to
section
146F.4
shall
report
and
display
an
asterisk
and
a
34
notation
that
fewer
than
five
terminations
of
pregnancy
were
35
-8-
LSB
5669YH
(3)
89
pf/rh
8/
11
H.F.
2210
reported
for
that
county.
1
Sec.
8.
Section
144.29A,
subsections
6
and
7,
Code
2022,
are
2
amended
to
read
as
follows:
3
6.
To
ensure
proper
performance
of
the
reporting
4
requirements
under
this
section
,
it
is
preferred
that
a
health
5
care
provider
who
practices
within
a
hospital,
clinic,
or
other
6
health
medical
facility
authorize
one
staff
person
to
fulfill
7
the
reporting
requirements.
8
7.
For
the
purposes
of
this
section
:
9
a.
“Abortion-inducing
drug”
means
the
same
as
defined
in
10
section
146E.1.
11
a.
b.
“Health
care
provider”
means
an
individual
12
licensed
under
chapter
148
,
148C
,
148D
,
or
152
,
or
152E
,
13
or
any
individual
who
provides
medical
services
under
the
14
authorization
of
the
licensee.
15
b.
c.
“
Inducing
Induce
a
termination
of
pregnancy”
means
the
16
use
of
any
means
to
terminate
the
pregnancy
of
a
woman
known
to
17
be
pregnant
with
the
intent
other
than
to
produce
a
live
birth
18
or
to
remove
a
dead
fetus.
19
d.
“Induced
termination
of
pregnancy”
means
the
termination
20
of
the
pregnancy
of
a
woman
known
to
be
pregnant
with
the
21
intent
other
than
to
produce
a
live
birth
or
to
remove
a
dead
22
fetus.
23
e.
“Medical
facility”
means
the
same
as
defined
in
section
24
146B.1.
25
c.
f.
“Spontaneous
termination
of
pregnancy”
means
the
26
occurrence
of
an
unintended
termination
of
pregnancy
at
27
any
time
during
the
period
from
conception
to
twenty
weeks
28
gestation
and
which
is
not
a
spontaneous
termination
of
29
pregnancy
at
any
time
during
the
period
from
twenty
weeks
or
30
greater
which
is
reported
to
the
department
as
a
fetal
death
31
under
this
chapter
.
32
g.
“Unborn
child”
means
the
same
as
defined
in
section
33
146A.1.
34
EXPLANATION
35
-9-
LSB
5669YH
(3)
89
pf/rh
9/
11
H.F.
2210
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
This
bill
relates
to
abortion
complications
and
statistical
3
reporting.
4
Under
the
bill,
a
health
care
provider
or
medical
facility
5
that
provides
care
to
a
woman
who
reports
any
complication,
6
requires
medical
treatment,
or
suffers
death
that
the
health
7
care
provider
or
medical
facility
has
reason
to
believe
is
a
8
primary,
secondary,
or
tertiary
result
of
an
abortion,
shall
9
file
a
written
report
with
DPH.
The
report
shall
be
completed
10
and
signed
by
the
health
care
provider
or
medical
facility
11
that
attended
the
woman
and
shall
be
transmitted
to
DPH
within
12
30
days
of
the
death
of
the
woman
or
of
discharge
of
the
13
woman
reporting
or
being
treated
for
complications.
The
bill
14
prescribes
the
information
to
be
included
in
the
report.
15
The
bill
requires
DPH
to
assign
a
code
to
any
health
care
16
provider
or
medical
facility
that
may
be
required
to
report
17
information
or
that
may
be
identified
under
the
bill.
An
18
application
procedure
shall
not
be
required
for
assignment
19
of
a
code
to
a
health
care
provider
or
medical
facility.
A
20
health
care
provider
or
medical
facility
shall
assign
a
report
21
tracking
number
to
each
report
which
enables
the
health
care
22
provider
or
medical
facility
to
access
the
woman’s
medical
23
information
without
identifying
the
woman.
DPH
is
required
to
24
develop
and
make
available
to
health
care
providers
and
medical
25
facilities
reporting
forms
to
collect
the
required
information,
26
and
the
information
collected
and
reported,
the
data
compiled,
27
and
the
reports
submitted
under
the
bill
shall
comply
with
28
the
limitations
and
confidentiality
requirements
pursuant
to
29
Code
section
144.29A
(termination
of
pregnancy
reporting
——
30
legislative
intent).
31
DPH
shall
develop
a
public
dashboard
to
inform
the
public
on
32
a
quarterly
basis
of
statewide
aggregate
data
compiled
based
on
33
specified
information
included
in
reports
submitted
by
health
34
care
providers
and
medical
facilities
under
the
bill
and
under
35
-10-
LSB
5669YH
(3)
89
pf/rh
10/
11
H.F.
2210
Code
section
144.29A.
The
dashboard
shall
have
the
capacity
to
1
be
updated
on
a
quarterly
basis.
2
DPH
shall
implement
the
dashboard
by
January
20,
2023;
3
health
care
providers
and
medical
facilities
shall
report
4
the
required
information
beginning
February
1,
2023;
and
the
5
initial
display
of
dashboard
data
shall
be
made
available
to
6
the
public
no
later
than
11:59
p.m.
on
February
2,
2023.
7
The
bill
also
amends
Code
section
144.29A
to
require
the
8
reporting
of
additional
data
elements
and
to
provide
for
9
the
use
of
the
data
as
necessary
to
comply
with
the
public
10
dashboard
provisions
under
Code
section
146F.4,
as
enacted
in
11
the
bill.
A
knowing
violation
of
Code
section
144.29A
is
a
12
serious
misdemeanor
pursuant
to
Code
section
144.52.
A
serious
13
misdemeanor
is
punishable
by
confinement
for
no
more
than
one
14
year
and
a
fine
of
at
least
$430
but
not
more
than
$2,560.
15
-11-
LSB
5669YH
(3)
89
pf/rh
11/
11
