House
File
732
-
Enrolled
House
File
732
AN
ACT
PROHIBITING
AND
REQUIRING
CERTAIN
ACTIONS
RELATING
TO
ABORTION
INVOLVING
THE
DETECTION
OF
A
FETAL
HEARTBEAT,
AND
INCLUDING
EFFECTIVE
DATE
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
NEW
SECTION
.
146E.1
Definitions.
As
used
in
this
chapter,
unless
the
context
otherwise
requires:
1.
“Abortion”
means
the
termination
of
a
human
pregnancy
with
the
intent
other
than
to
produce
a
live
birth
or
to
remove
a
dead
fetus.
2.
“Fetal
heartbeat”
means
cardiac
activity,
the
steady
and
repetitive
rhythmic
contraction
of
the
fetal
heart
within
the
gestational
sac.
House
File
732,
p.
2
3.
“Fetal
heartbeat
exception”
means
any
of
the
following:
a.
The
pregnancy
is
the
result
of
a
rape
which
is
reported
within
forty-five
days
of
the
incident
to
a
law
enforcement
agency
or
to
a
public
or
private
health
agency
which
may
include
a
family
physician.
b.
The
pregnancy
is
the
result
of
incest
which
is
reported
within
one
hundred
forty
days
of
the
incident
to
a
law
enforcement
agency
or
to
a
public
or
private
health
agency
which
may
include
a
family
physician.
c.
Any
spontaneous
abortion,
commonly
known
as
a
miscarriage,
if
not
all
of
the
products
of
conception
are
expelled.
d.
The
attending
physician
certifies
that
the
fetus
has
a
fetal
abnormality
that
in
the
physician’s
reasonable
medical
judgment
is
incompatible
with
life.
4.
“Medical
emergency”
means
the
same
as
defined
in
section
146A.1.
5.
“Physician”
means
a
person
licensed
under
chapter
148.
6.
“Reasonable
medical
judgment”
means
a
medical
judgment
made
by
a
reasonably
prudent
physician
who
is
knowledgeable
about
the
case
and
the
treatment
possibilities
with
respect
to
the
medical
conditions
involved.
7.
“Unborn
child”
means
the
same
as
defined
in
section
146A.1.
Sec.
2.
NEW
SECTION
.
146E.2
Abortion
prohibited
——
detectable
fetal
heartbeat.
1.
Except
in
the
case
of
a
medical
emergency
or
fetal
heartbeat
exception,
a
physician
shall
not
perform
an
abortion
unless
the
physician
has
first
complied
with
the
prerequisites
of
chapter
146A
and
has
tested
the
pregnant
woman
as
specified
in
this
subsection,
to
determine
if
a
fetal
heartbeat
is
detectable.
a.
In
testing
for
a
detectable
fetal
heartbeat,
the
physician
shall
perform
an
abdominal
ultrasound,
necessary
to
detect
a
fetal
heartbeat
according
to
standard
medical
practice
and
including
the
use
of
medical
devices,
as
determined
by
standard
medical
practice
and
specified
by
rule
of
the
board
of
medicine.
House
File
732,
p.
3
b.
Following
the
testing
of
the
pregnant
woman
for
a
detectable
fetal
heartbeat,
the
physician
shall
inform
the
pregnant
woman,
in
writing,
of
all
of
the
following:
(1)
Whether
a
fetal
heartbeat
was
detected.
(2)
That
if
a
fetal
heartbeat
was
detected,
an
abortion
is
prohibited.
c.
Upon
receipt
of
the
written
information,
the
pregnant
woman
shall
sign
a
form
acknowledging
that
the
pregnant
woman
has
received
the
information
as
required
under
this
subsection.
2.
a.
A
physician
shall
not
perform
an
abortion
upon
a
pregnant
woman
when
it
has
been
determined
that
the
unborn
child
has
a
detectable
fetal
heartbeat,
unless,
in
the
physician’s
reasonable
medical
judgment,
a
medical
emergency
or
fetal
heartbeat
exception
exists.
b.
Notwithstanding
paragraph
“a”
,
if
a
physician
determines
that
the
probable
postfertilization
age,
as
defined
in
section
146B.1,
of
the
unborn
child
is
twenty
or
more
weeks,
the
physician
shall
not
perform
an
abortion
upon
a
pregnant
woman
when
it
has
been
determined
that
the
unborn
child
has
a
detectable
fetal
heartbeat,
unless
in
the
physician’s
reasonable
medical
judgment
the
pregnant
woman
has
a
condition
which
the
physician
deems
a
medical
emergency,
as
defined
in
section
146B.1,
or
the
abortion
is
necessary
to
preserve
the
life
of
an
unborn
child.
3.
A
physician
shall
retain
in
the
woman’s
medical
record
all
of
the
following:
a.
Documentation
of
the
testing
for
a
fetal
heartbeat
as
specified
in
subsection
1
and
the
results
of
the
fetal
heartbeat
test.
b.
The
pregnant
woman’s
signed
form
acknowledging
that
the
pregnant
woman
received
the
information
as
required
under
subsection
1.
4.
This
section
shall
not
be
construed
to
impose
civil
or
criminal
liability
on
a
woman
upon
whom
an
abortion
is
performed
in
violation
of
this
section.
5.
The
board
of
medicine
shall
adopt
rules
pursuant
to
chapter
17A
to
administer
this
section.
House
File
732,
p.
4
Sec.
3.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
732,
Ninetieth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2023
______________________________
KIM
REYNOLDS
Governor