Bill Text: IA HF298 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to abortions including prohibiting abortions after a certain postfertilization age with certain exceptions, providing penalties, and including effective date provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-01 - Subcommittee recommends passage. [HF298 Detail]
Download: Iowa-2017-HF298-Introduced.html
House File 298 - Introduced HOUSE FILE BY HEATON A BILL FOR 1 An Act relating to abortions including prohibiting abortions 2 after a certain postfertilization age with certain 3 exceptions, providing penalties, and including effective 4 date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2233YH (1) 87 pf/nh PAG LIN 1 1 Section 1. NEW SECTION. 146B.1 Definitions. 1 2 As used in this chapter, unless the context otherwise 1 3 requires: 1 4 1. "Abortion" means abortion as defined in section 146.1. 1 5 2. "Attempt to perform or induce an abortion" means an act, 1 6 or an omission of a statutorily required act, that, under the 1 7 circumstances as the actor believes them to be, constitutes a 1 8 substantial step in a course of conduct planned to culminate in 1 9 the performance or inducing of an abortion. 1 10 3. "Department" means the department of public health. 1 11 4. "Fertilization" means the fusion of a human spermatozoon 1 12 with a human ovum. 1 13 5. "Human pregnancy" means an individual organism of the 1 14 species homo sapiens from fertilization until live birth. 1 15 6. "Medical emergency" means a condition which, in 1 16 reasonable medical judgment, so complicates the medical 1 17 condition of a pregnant woman as to necessitate the immediate 1 18 abortion of the human pregnancy to avert the woman's death or 1 19 for which a delay will create a serious risk of substantial and 1 20 irreversible physical impairment of a major bodily function. 1 21 "Medical emergency" does not include a condition which is based 1 22 on a claim or diagnosis that the pregnant woman will engage in 1 23 conduct which would result in the pregnant woman's death or in 1 24 substantial and irreversible physical impairment of a major 1 25 bodily function. 1 26 7. "Medical facility" means any public or private hospital, 1 27 clinic, center, medical school, medical training institution, 1 28 health care facility, physician's office, infirmary, 1 29 dispensary, ambulatory surgical center, or other institution or 1 30 location where medical care is provided to any person. 1 31 8. "Physician" means a person licensed under chapter 148. 1 32 9. "Postfertilization age" means the age of the human 1 33 pregnancy as calculated from the fertilization of the human 1 34 ovum. 1 35 10. "Probable postfertilization age" means what, in 2 1 reasonable medical judgment, will with reasonable probability 2 2 be the postfertilization age of the human pregnancy at the time 2 3 the abortion is to be performed. 2 4 11. "Reasonable medical judgment" means a medical judgment 2 5 made by a reasonably prudent physician who is knowledgeable 2 6 about the case and the treatment possibilities with respect to 2 7 the medical conditions involved. 2 8 12. "Unborn child" means a human pregnancy in the 2 9 postembryonic stage. 2 10 Sec. 2. NEW SECTION. 146B.2 Determination of 2 11 postfertilization age ==== abortion prohibited twenty or more weeks 2 12 postfertilization ==== exceptions ==== reporting requirements ==== 2 13 penalties. 2 14 1. Except in the case of a medical emergency, an abortion 2 15 shall not be performed or induced or be attempted to be 2 16 performed or induced unless the physician performing or 2 17 inducing the abortion has first made a determination of the 2 18 probable postfertilization age of the human pregnancy or relied 2 19 upon such a determination made by another physician. In making 2 20 such a determination, a physician shall make such inquiries 2 21 of the pregnant woman and perform or cause to be performed 2 22 such medical examinations and tests the physician considers 2 23 necessary in making a reasonable medical judgment to accurately 2 24 determine the postfertilization age of the human pregnancy. 2 25 2. a. A physician shall not perform or induce or attempt 2 26 to perform or induce an abortion upon a pregnant woman when it 2 27 has been determined, by the physician performing or inducing 2 28 the abortion or by another physician upon whose determination 2 29 that physician relies, that the probable postfertilization age 2 30 of the human pregnancy is twenty or more weeks unless, in the 2 31 physician's reasonable medical judgment, any of the following 2 32 applies: 2 33 (1) The pregnant woman has a condition which the physician 2 34 deems a medical emergency. 2 35 (2) It is necessary to preserve the life of the unborn 3 1 child. 3 2 b. If an abortion is performed or induced under this 3 3 subsection, the physician shall terminate the human pregnancy 3 4 in the manner which, in the physician's reasonable medical 3 5 judgment, provides the best opportunity for the unborn child 3 6 to survive, unless, in the physician's reasonable medical 3 7 judgment, termination of the human pregnancy in that manner 3 8 would pose a greater risk than any other available method of 3 9 the death of the pregnant woman or of the substantial and 3 10 irreversible physical impairment of a major bodily function. 3 11 A greater risk shall not be deemed to exist if it is based on 3 12 a claim or diagnosis that the pregnant woman will engage in 3 13 conduct which would result in the pregnant woman's death or in 3 14 substantial and irreversible physical impairment of a major 3 15 bodily function. 3 16 3. A physician who performs or induces or attempts to 3 17 perform or induce an abortion shall report to the department, 3 18 on a schedule and in accordance with forms and rules adopted by 3 19 the department, all of the following: 3 20 a. If a determination of probable postfertilization age of 3 21 the human pregnancy was made, the probable postfertilization 3 22 age determined and the method and basis of the determination. 3 23 b. If a determination of probable postfertilization 3 24 age of the human pregnancy was not made, the basis of the 3 25 determination that a medical emergency existed. 3 26 c. If the probable postfertilization age of the human 3 27 pregnancy was determined to be twenty or more weeks, the basis 3 28 of the determination of a medical emergency. 3 29 d. The method used for the abortion and, in the case of 3 30 an abortion performed when the probable postfertilization age 3 31 was determined to be twenty or more weeks, whether the method 3 32 of abortion used was one that, in the physician's reasonable 3 33 medical judgment, provided the best opportunity for the unborn 3 34 child to survive or, if such a method was not used, the basis 3 35 of the determination that termination of the human pregnancy 4 1 in that manner would pose a greater risk than would any other 4 2 available method of the death of the pregnant woman or of the 4 3 substantial and irreversible physical impairment of a major 4 4 bodily function. 4 5 4. a. By June 30, annually, the department shall issue a 4 6 public report providing statistics for the previous calendar 4 7 year, compiled from the reports for that year submitted in 4 8 accordance with subsection 3. Each report shall also provide 4 9 the statistics for all previous calendar years, adjusted to 4 10 reflect any additional information from late or corrected 4 11 reports. The department shall ensure that none of the 4 12 information included in the public reports could reasonably 4 13 lead to the identification of any woman upon whom an abortion 4 14 was performed. 4 15 b. (1) A physician who fails to submit a report by the end 4 16 of thirty days following the due date shall be subject to a 4 17 late fee of five hundred dollars for each additional thirty=day 4 18 period or portion of a thirty=day period the report is overdue. 4 19 (2) A physician required to report in accordance with 4 20 subsection 3 who has not submitted a report or who has 4 21 submitted only an incomplete report more than one year 4 22 following the due date, may, in an action brought in the 4 23 manner in which actions are brought to enforce chapter 148, 4 24 be directed by a court of competent jurisdiction to submit a 4 25 complete report within a time period stated by court order or 4 26 be subject to contempt of court. 4 27 (3) A physician who intentionally or recklessly falsifies 4 28 a report required under this section is subject to a civil 4 29 penalty of one hundred dollars. 4 30 5. The department shall adopt rules to implement this 4 31 section. 4 32 Sec. 3. NEW SECTION. 146B.3 Civil and criminal actions 4 33 ==== penalties. 4 34 1. Failure of a physician to comply with any provision of 4 35 section 146B.2, with the exception of the late filing of a 5 1 report or failure to submit a complete report in compliance 5 2 with a court order, is grounds for license discipline under 5 3 chapter 148. 5 4 2. A physician who intentionally or recklessly performs or 5 5 attempts to perform an abortion in violation of this chapter is 5 6 guilty of a class "C" felony. 5 7 3. A medical facility licensed in this state in which 5 8 abortions are performed or induced in violation of this chapter 5 9 is subject to immediate revocation of licensure. 5 10 4. A medical facility licensed in this state in which 5 11 abortions are performed or induced in violation of this chapter 5 12 is ineligible to receive state funding and is subject to 5 13 repayment of any state funds received from the state during the 5 14 time after which an abortion in violation of this chapter was 5 15 performed or induced. 5 16 5. A woman upon whom an abortion has been performed in 5 17 violation of this chapter or the biological father may maintain 5 18 an action against the physician who performed the abortion in 5 19 intentional or reckless violation of this chapter for actual 5 20 damages. 5 21 6. A woman upon whom an abortion has been attempted in 5 22 violation of this chapter may maintain an action against the 5 23 physician who attempted to perform the abortion in intentional 5 24 or reckless violation of this chapter for actual damages. 5 25 7. A cause of action for injunctive relief to prevent a 5 26 physician from performing abortions may be maintained against a 5 27 physician who has intentionally violated this chapter by the 5 28 woman upon whom the abortion was performed or attempted to be 5 29 performed, by the spouse of the woman, by a parent or guardian 5 30 of the woman if the woman is less than eighteen years of age or 5 31 unmarried at the time the abortion was performed or attempted 5 32 to be performed, by a current or former licensed health care 5 33 provider of the woman, by a county attorney with appropriate 5 34 jurisdiction, or by the attorney general. 5 35 8. A woman upon whom an abortion was performed or was 6 1 attempted to be performed shall not be subject to prosecution 6 2 for a violation of this chapter. 6 3 9. If the plaintiff prevails in an action brought under 6 4 this section, the plaintiff shall be entitled to an award for 6 5 reasonable attorney fees. 6 6 10. If the defendant prevails in an action brought under 6 7 this section and the court finds that the plaintiff's suit was 6 8 frivolous and brought in bad faith, the defendant shall be 6 9 entitled to an award for reasonable attorney fees. 6 10 11. Damages and attorney fees shall not be assessed against 6 11 the woman upon whom an abortion was performed or attempted to 6 12 be performed except as provided in subsection 10. 6 13 12. In a civil or criminal proceeding or action brought 6 14 under this chapter, the court shall rule whether the anonymity 6 15 of any woman upon whom an abortion has been performed or 6 16 attempted shall be preserved from public disclosure if the 6 17 woman does not provide consent to such disclosure. The court, 6 18 upon motion or on its own motion, shall make such a ruling 6 19 and, upon determining that the woman's anonymity should be 6 20 preserved, shall issue orders to the parties, witnesses, 6 21 and counsel and shall direct the sealing of the record and 6 22 exclusion of individuals from courtrooms or hearing rooms to 6 23 the extent necessary to safeguard the woman's identity from 6 24 public disclosure. Each such order shall be accompanied by 6 25 specific written findings explaining why the anonymity of the 6 26 woman should be preserved from public disclosure, why the 6 27 order is essential to that end, how the order is narrowly 6 28 tailored to serve that interest, and why no reasonable less 6 29 restrictive alternative exists. In the absence of written 6 30 consent of the woman upon whom an abortion has been performed 6 31 or attempted, anyone, other than a public official, who brings 6 32 an action under this section shall do so under a pseudonym. 6 33 This subsection shall not be construed to conceal the identity 6 34 of the plaintiff or of witnesses from the defendant or from 6 35 attorneys for the defendant. 7 1 Sec. 4. NEW SECTION. 146B.4 Construction. 7 2 1. Nothing in this chapter shall be construed as creating or 7 3 recognizing a right to an abortion. 7 4 2. Nothing in this chapter shall be construed as determining 7 5 life to begin at twenty weeks' gestation. Instead, it is 7 6 recognized that life begins at conception. 7 7 Sec. 5. NEW SECTION. 146B.5 Severability clause. 7 8 If any provision of this chapter or its application to any 7 9 person or circumstance is held invalid, the invalidity does 7 10 not affect other provisions or application of this chapter 7 11 which can be given effect without the invalid provision or 7 12 application, and to this end the provisions of this chapter are 7 13 severable. 7 14 Sec. 6. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 7 15 immediate importance, takes effect upon enactment. 7 16 EXPLANATION 7 17 The inclusion of this explanation does not constitute agreement with 7 18 the explanation's substance by the members of the general assembly. 7 19 This bill relates to abortions. The bill provides that, 7 20 except in the case of a medical emergency, an abortion shall 7 21 not be performed or induced or be attempted to be performed 7 22 or induced unless the physician performing or inducing the 7 23 abortion has first made a determination of the probable 7 24 postfertilization age of the human pregnancy. Additionally, 7 25 the bill prohibits a physician from performing or inducing 7 26 or attempting to perform or induce an abortion upon a 7 27 pregnant woman when it has been determined, that the probable 7 28 postfertilization age is 20 or more weeks unless, in the 7 29 physician's reasonable medical judgment, either the pregnant 7 30 woman has a condition which the physician deems a medical 7 31 emergency or it is necessary to preserve the life of the 7 32 unborn child. If an abortion is performed or induced when 7 33 the probable postfertilization age is 20 or more weeks, the 7 34 physician is required to terminate the pregnancy in a manner 7 35 which, in the physician's reasonable medical judgment, provides 8 1 the best opportunity for the unborn child to survive unless 8 2 such termination would pose a greater risk either of the death 8 3 of the pregnant woman or of the substantial and irreversible 8 4 physical impairment of a major bodily function of the woman 8 5 than would another available method. 8 6 The bill also requires certain reports to be filed by a 8 7 physician who performs or induces or attempts to perform or 8 8 induce an abortion with the department of public health, on 8 9 a schedule and in accordance with forms and rules adopted by 8 10 the department. The department is required to compile the 8 11 information collected annually and issue a public report, 8 12 ensuring that none of the information included in the public 8 13 reports could reasonably lead to the identification of any 8 14 pregnant woman upon whom an abortion was performed. The bill 8 15 provides monetary penalties for a physician who fails to submit 8 16 a report in a timely manner, submits an incomplete report, or 8 17 intentionally or recklessly falsifies a required report. 8 18 The bill provides for civil and criminal actions and 8 19 penalties relating to violations of the bill. Failure of a 8 20 physician to comply with any provision, with the exception of 8 21 the late filing of a report or failure to submit a complete 8 22 report in compliance with a court order, is grounds for license 8 23 discipline. A physician who intentionally or recklessly 8 24 performs or attempts to perform an abortion in violation of the 8 25 bill is guilty of a class "C" felony, which is punishable by 8 26 confinement for no more than 10 years and a fine of at least 8 27 $1,000 but not more than $10,000. The bill also provides that 8 28 a medical facility licensed in the state in which abortions 8 29 are performed or induced in violation of the bill is subject 8 30 to immediate revocation of licensure. Additionally, a 8 31 medical facility licensed in this state in which abortions are 8 32 performed or induced in violation of the bill is ineligible to 8 33 receive state funding and is subject to repayment of any state 8 34 funds received from the state during the time after which an 8 35 abortion in violation of the bill was performed or induced. 9 1 However, the woman upon whom the abortion was performed or was 9 2 attempted to be performed is not subject to prosecution for a 9 3 violation of the bill. The bill provides for the maintaining 9 4 of actions by certain people based on alleged violations of 9 5 the bill. A woman upon whom an abortion has been performed in 9 6 violation of the bill or the biological father may maintain 9 7 an action against the physician who performed the abortion 9 8 in intentional or reckless violation of the bill for actual 9 9 damages. A woman upon whom an abortion has been attempted 9 10 in violation of the bill may maintain an action against the 9 11 physician who attempted to perform the abortion in intentional 9 12 or reckless violation of the bill for actual damages. 9 13 Additionally, a cause of action for injunctive relief to 9 14 prevent a physician from performing abortions may be maintained 9 15 against a physician who has intentionally violated the bill by 9 16 the woman upon whom the abortion was performed or attempted 9 17 to be performed, by the spouse of the woman, by a parent or 9 18 guardian of the woman if the woman is less than 18 years of 9 19 age or unmarried at the time the abortion was performed or 9 20 attempted to be performed, by a current or former licensed 9 21 health care provider of the woman, by a county attorney with 9 22 appropriate jurisdiction, or by the attorney general. 9 23 The bill provides a process for preserving the anonymity of 9 24 the woman upon whom an abortion has been performed or attempted 9 25 from public disclosure if the woman does not provide consent to 9 26 such disclosure during any proceeding or action under the bill. 9 27 The bill also provides that the bill is not to be construed 9 28 as creating or recognizing a right to an abortion, and the 9 29 bill is not to be construed as determining life to begin at 20 9 30 weeks' gestation; instead, it is recognized that life begins 9 31 at conception. 9 32 The bill includes a severability clause as is applicable to 9 33 every Act or statute pursuant to Code section 4.12. 9 34 The bill takes effect upon enactment. 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