Senate
File
2215
-
Introduced
SENATE
FILE
2215
BY
ZAUN
A
BILL
FOR
An
Act
relating
to
ultrasound
prerequisites
for
abortion,
and
1
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
146A.1,
Code
2020,
is
amended
to
read
as
1
follows:
2
146A.1
Prerequisites
for
abortion
——
licensee
discipline.
3
1.
a.
A
physician
performing
an
abortion
or
a
qualified
4
technician
to
whom
the
physician
has
delegated
the
5
responsibility,
shall
comply
with
all
of
the
following
prior
6
to
a
woman
providing
informed
consent
to
any
part
of
the
7
performance
of
an
abortion:
8
(1)
Perform
an
obstetric
ultrasound
on
the
pregnant
woman.
9
(2)
Provide
a
simultaneous
explanation
of
what
the
10
ultrasound
is
depicting,
including
the
presence
and
location
11
of
the
unborn
child
within
the
uterus
and
the
number
of
unborn
12
children
depicted,
and,
if
the
ultrasound
image
indicates
fetal
13
demise
has
occurred,
inform
the
woman
of
the
fetal
demise.
14
(3)
Display
the
ultrasound
images
so
that
the
pregnant
woman
15
may
view
the
images.
16
(4)
Auscultate
the
fetal
heartbeat
of
the
unborn
child
so
17
that
the
pregnant
woman
may
hear
the
heartbeat
if
the
heartbeat
18
is
audible.
19
(5)
Provide
a
medical
description
of
the
ultrasound
images
20
including
the
dimensions
of
the
unborn
child
and
the
presence
21
of
external
members
and
internal
organs
of
the
unborn
child,
22
if
present
and
viewable.
23
(6)
Obtain
and
retain
in
the
pregnant
woman’s
medical
24
file
written
certification
from
the
pregnant
woman
that
an
25
ultrasound
was
performed
on
the
pregnant
woman
and
the
pregnant
26
woman
has
viewed
the
ultrasound
images,
listened
to
the
27
fetal
heartbeat
of
the
unborn
child
if
the
fetal
heartbeat
is
28
audible,
or
declined
to
do
so.
29
b.
When
the
ultrasound
images
and
fetal
heartbeat
sounds
are
30
provided
to
and
reviewed
with
the
pregnant
woman,
nothing
in
31
this
section
shall
be
construed
to
prevent
the
pregnant
woman
32
from
averting
the
pregnant
woman’s
eyes
from
the
ultrasound
33
images
or
requesting
the
volume
of
the
fetal
heartbeat
of
the
34
unborn
child
be
reduced
or
turned
off
if
the
fetal
heartbeat
35
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is
audible.
The
physician
and
the
pregnant
woman
shall
not
1
be
subject
to
any
penalty
if
the
pregnant
woman
refuses
to
2
view
the
displayed
ultrasound
images
or
to
listen
to
the
fetal
3
heartbeat
if
the
fetal
heartbeat
is
audible.
4
2.
a.
A
physician
performing
an
abortion
shall
obtain
5
written
certification
from
the
pregnant
woman
of
all
of
the
6
following
at
least
seventy-two
hours
prior
to
performing
an
7
abortion
:
8
a.
That
the
woman
has
undergone
an
ultrasound
imaging
of
the
9
unborn
child
that
displays
the
approximate
age
of
the
unborn
10
child.
11
b.
That
the
woman
was
given
the
opportunity
to
see
the
12
unborn
child
by
viewing
the
ultrasound
image
of
the
unborn
13
child.
14
c.
That
the
woman
was
given
the
option
of
hearing
a
15
description
of
the
unborn
child
based
on
the
ultrasound
image
16
and
hearing
the
heartbeat
of
the
unborn
child.
17
d.
(1)
That
that
the
woman
has
been
provided
information
18
regarding
all
of
the
following,
based
upon
the
materials
19
developed
by
the
department
of
public
health
pursuant
to
20
subparagraph
(2)
paragraph
“b”
:
21
(a)
(1)
The
options
relative
to
a
pregnancy,
including
22
continuing
the
pregnancy
to
term
and
retaining
parental
rights
23
following
the
child’s
birth,
continuing
the
pregnancy
to
24
term
and
placing
the
child
for
adoption,
and
terminating
the
25
pregnancy.
26
(b)
(2)
The
indicators,
contra-indicators,
and
risk
27
factors
including
any
physical,
psychological,
or
situational
28
factors
related
to
the
abortion
in
light
of
the
woman’s
medical
29
history
and
medical
condition.
30
(2)
b.
The
department
of
public
health
shall
make
available
31
to
physicians,
upon
request,
all
of
the
following
information:
32
(a)
(1)
Geographically
indexed
materials
designed
to
inform
33
the
woman
about
public
and
private
agencies
and
services
34
available
to
assist
a
woman
through
pregnancy,
at
the
time
of
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childbirth,
and
while
the
child
is
dependent.
The
materials
1
shall
include
a
comprehensive
list
of
the
agencies
available,
2
categorized
by
the
type
of
services
offered,
and
a
description
3
of
the
manner
by
which
the
agency
may
be
contacted.
4
(b)
(2)
Materials
that
encourage
consideration
of
5
placement
for
adoption.
The
materials
shall
inform
the
woman
6
of
the
benefits
of
adoption,
including
the
requirements
of
7
confidentiality
in
the
adoption
process,
the
importance
of
8
adoption
to
individuals
and
society,
and
the
state’s
interest
9
in
promoting
adoption
by
preferring
adoption
over
abortion.
10
(c)
(3)
Materials
that
contain
objective
information
11
describing
the
methods
of
abortion
procedures
commonly
used,
12
the
medical
risks
commonly
associated
with
each
such
procedure,
13
and
the
possible
detrimental
physical
and
psychological
effects
14
of
abortion.
15
2.
3.
Compliance
with
the
prerequisites
of
this
section
16
shall
not
apply
to
an
abortion
performed
in
a
medical
17
emergency.
18
3.
4.
A
physician
who
violates
this
section
is
subject
to
19
licensee
discipline
pursuant
to
section
148.6
.
A
qualified
20
technician
who
violates
this
section
is
subject
to
licensee
21
discipline
by
the
applicable
licensing
or
accrediting
22
authority.
23
4.
5.
This
section
shall
not
be
construed
to
impose
24
civil
or
criminal
liability
on
a
woman
upon
whom
an
abortion
25
is
performed,
or
to
prohibit
the
sale,
use,
prescription,
or
26
administration
of
a
measure,
drug,
or
chemical
designed
for
the
27
purposes
of
contraception.
28
5.
6.
The
board
of
medicine
shall
adopt
rules
pursuant
to
29
chapter
17A
to
administer
this
section
.
30
6.
7.
As
used
in
this
section
:
31
a.
“Auscultate”
means
to
examine
by
listening
for
sounds
32
made
by
internal
organs
of
the
unborn
child,
specifically
for
a
33
fetal
heartbeat
utilizing
an
ultrasound
transducer
or
a
fetal
34
heart
rate
monitor.
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b.
“Fetal
heartbeat”
means
cardiac
activity,
the
steady
and
1
repetitive
rhythmic
contraction
of
the
fetal
heart
within
the
2
gestational
sac.
3
a.
c.
“Medical
emergency”
means
a
situation
in
which
an
4
abortion
is
performed
to
preserve
the
life
of
the
pregnant
5
woman
whose
life
is
endangered
by
a
physical
disorder,
physical
6
illness,
or
physical
injury,
including
a
life-endangering
7
physical
condition
caused
by
or
arising
from
the
pregnancy,
but
8
not
including
psychological
conditions,
emotional
conditions,
9
familial
conditions,
or
the
woman’s
age;
or
when
continuation
10
of
the
pregnancy
will
create
a
serious
risk
of
substantial
11
and
irreversible
impairment
of
a
major
bodily
function
of
the
12
pregnant
woman.
13
d.
“Obstetric
ultrasound”
or
“ultrasound”
means
the
use
14
of
ultrasonic
waves
for
diagnostic
or
therapeutic
purposes,
15
specifically
to
monitor
a
developing
unborn
child.
16
e.
“Qualified
technician”
means
a
diagnostic
medical
17
sonographer
who
is
certified
in
obstetric
and
gynecological
18
sonography
by
the
American
registry
of
diagnostic
medical
19
sonography;
or
a
nurse
midwife
or
an
advanced
registered
nurse
20
practitioner
licensed
under
chapter
152
or
an
advanced
practice
21
registered
nurse
licensed
under
chapter
152E
in
obstetrics,
22
with
a
certification
in
obstetrical
sonography.
23
b.
f.
“Unborn
child”
means
an
individual
organism
of
the
24
species
homo
sapiens
from
fertilization
to
live
birth.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
This
bill
relates
to
ultrasound
prerequisites
for
abortion.
29
Current
law
requires
as
one
of
the
prerequisites
to
an
30
abortion
that
a
physician
performing
an
abortion
shall
31
obtain
written
certification
from
the
pregnant
woman
of
the
32
following,
relating
to
an
ultrasound,
at
least
72
hours
prior
33
to
performing
an
abortion:
that
the
woman
has
undergone
34
an
ultrasound
imaging
of
the
unborn
child
that
displays
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the
approximate
age
of
the
unborn
child;
that
the
woman
was
1
given
the
opportunity
to
see
the
unborn
child
by
viewing
the
2
ultrasound
image
of
the
unborn
child;
and
that
the
woman
was
3
given
the
option
of
hearing
a
description
of
the
unborn
child
4
based
on
the
ultrasound
image
and
hearing
the
heartbeat
of
the
5
unborn
child.
6
The
bill
replaces
these
prerequisites
relating
to
an
7
ultrasound
and
instead
requires
that
a
physician,
or
a
8
qualified
technician
to
whom
the
physician
has
delegated
the
9
responsibility,
shall
comply
with
certain
requirements
prior
10
to
a
woman
providing
informed
consent
to
any
part
of
the
11
performance
of
an
abortion.
The
requirements
include
that
12
the
physician
or
qualified
technician
perform
an
obstetric
13
ultrasound
on
the
pregnant
woman;
provide
a
simultaneous
14
explanation
of
what
the
ultrasound
is
depicting,
including
the
15
presence
and
location
of
the
unborn
child
within
the
uterus
and
16
the
number
of
unborn
children
depicted,
and
if
the
ultrasound
17
image
indicates
fetal
demise
has
occurred,
inform
the
woman
18
of
the
fetal
demise;
display
the
ultrasound
images
so
that
19
the
pregnant
woman
may
view
the
images;
auscultate
the
fetal
20
heartbeat
of
the
unborn
child
so
that
the
pregnant
woman
may
21
hear
the
heartbeat
if
the
heartbeat
is
audible;
provide
a
22
medical
description
of
the
ultrasound
images
including
the
23
dimensions
of
the
unborn
child
and
the
presence
of
external
24
members
and
internal
organs
of
the
unborn
child,
if
present
and
25
viewable;
and
obtain
and
retain
in
the
pregnant
woman’s
medical
26
file
written
certification
from
the
pregnant
woman
that
an
27
ultrasound
was
performed
on
the
pregnant
woman
and
the
pregnant
28
woman
has
viewed
the
ultrasound
images,
listened
to
the
fetal
29
heartbeat
if
the
heartbeat
is
audible,
or
declined
to
do
so.
30
The
bill
provides
that
when
the
ultrasound
images
and
fetal
31
heartbeat
sounds
are
provided
to
and
reviewed
with
the
pregnant
32
woman,
nothing
in
the
bill
shall
be
construed
to
prevent
the
33
pregnant
woman
from
averting
the
pregnant
woman’s
eyes
from
34
the
ultrasound
images
or
requesting
the
volume
of
the
fetal
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heartbeat
be
reduced
or
turned
off
if
the
fetal
heartbeat
is
1
audible.
The
physician
and
the
pregnant
woman
shall
not
be
2
subject
to
any
penalty
if
the
pregnant
woman
refuses
to
view
3
the
displayed
ultrasound
images
or
to
listen
to
the
fetal
4
heartbeat
if
the
fetal
heartbeat
is
audible.
5
The
bill
revises
the
remaining
prerequisite
provisions
6
relating
to
the
provision
of
certain
information
to
the
7
pregnant
woman
to
retain
the
requirement
that
the
prerequisites
8
be
completed
at
least
72
hours
prior
to
the
performing
of
an
9
abortion.
10
The
bill
provides
definitions
for
“auscultate”,
“fetal
11
heartbeat”,
“qualified
technician”,
and
“ultrasound”.
12
Under
current
law,
a
physician
who
violates
the
bill
is
13
subject
to
licensee
discipline.
The
bill
provides
that
in
14
addition,
a
qualified
technician
who
violates
the
bill
is
15
subject
to
licensee
discipline
by
the
applicable
licensing
or
16
accrediting
authority.
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