Bill Text: IA SF2281 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the prerequisites for and prohibition against an abortion related to the testing for, and following the detection of, a fetal heartbeat, providing for a repeal, and providing penalties. (Formerly SSB 3143.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2018-03-07 - Read first time, referred to Human Resources. H.J. 492. [SF2281 Detail]
Download: Iowa-2017-SF2281-Introduced.html
Senate File 2281 - Introduced SENATE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3143) A BILL FOR 1 An Act relating to the prerequisites for and prohibition 2 against an abortion related to the testing for, and 3 following the detection of, a fetal heartbeat, providing for 4 a repeal, and providing penalties. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5754SV (3) 87 pf/rh PAG LIN 1 1 Section 1. Section 146A.1, subsections 2 and 6, Code 2018, 1 2 are amended to read as follows: 1 3 2. Compliance with the prerequisites of this section shall 1 4 not apply toany of the following:1 5a. An abortion performed to save the life of a pregnant 1 6 woman.1 7b.Anan abortion performed in a medical emergency. 1 8c. The performance of a medical procedure by a physician 1 9 that in the physician's reasonable medical judgment is designed 1 10 to or intended to prevent the death or to preserve the life of 1 11 the pregnant woman.1 12 6. As used in this section, "unborn child": 1 13 a. "Medical emergency" means a situation in which an 1 14 abortion is performed to preserve the life of the pregnant 1 15 woman whose life is endangered by a physical disorder, physical 1 16 illness, or physical injury, including a life=endangering 1 17 physical condition caused by or arising from the pregnancy, but 1 18 not including psychological conditions, emotional conditions, 1 19 familial conditions, or the woman's age. 1 20 b. "Unborn child" means an individual organism of the 1 21 species homo sapiens from fertilization to live birth. 1 22 Sec. 2. NEW SECTION. 146C.1 Definitions. 1 23 As used in this chapter, unless the context otherwise 1 24 requires: 1 25 1. "Abortion" means the termination of a human pregnancy 1 26 with the intent other than to produce a live birth or to remove 1 27 a dead fetus. 1 28 2. "Fetal heartbeat" means cardiac activity, the steady and 1 29 repetitive rhythmic contraction of the fetal heart within the 1 30 gestational sac. 1 31 3. "Medical emergency" means the same as defined in section 1 32 146A.1. 1 33 4. "Physician" means a person licensed under chapter 148. 1 34 5. "Reasonable medical judgment" means a medical judgment 1 35 made by a reasonably prudent physician who is knowledgeable 2 1 about the case and the treatment possibilities with respect to 2 2 the medical conditions involved. 2 3 6. "Unborn child" means the same as defined in section 2 4 146A.1. 2 5 Sec. 3. NEW SECTION. 146C.2 Abortion prohibited ==== 2 6 detectable fetal heartbeat ==== penalty. 2 7 1. Except in the case of a medical emergency, a physician 2 8 shall not perform an abortion unless the physician has first 2 9 complied with the prerequisites of chapter 146A and has 2 10 tested the pregnant woman as specified in this subsection, to 2 11 determine if a fetal heartbeat is detectable. 2 12 a. In testing for a detectable fetal heartbeat, the 2 13 physician shall perform an abdominal ultrasound, necessary to 2 14 detect a fetal heartbeat according to standard medical practice 2 15 and including the use of medical devices, as determined by 2 16 standard medical practice and specified by rule of the board 2 17 of medicine. 2 18 b. Following the testing of the pregnant woman for a 2 19 detectable fetal heartbeat, the physician shall inform the 2 20 pregnant woman, in writing, of all of the following: 2 21 (1) Whether a fetal heartbeat was detected. 2 22 (2) That if a fetal heartbeat was detected, an abortion is 2 23 prohibited. 2 24 c. Upon receipt of the written information, the pregnant 2 25 woman shall sign a form acknowledging that the pregnant woman 2 26 has received the information as required under this subsection. 2 27 2. A physician shall not perform an abortion upon a pregnant 2 28 woman when it has been determined that the unborn child has 2 29 a detectable fetal heartbeat, unless, in the physician's 2 30 reasonable medical judgment, a medical emergency exists. 2 31 3. a. A physician who knowingly and intentionally performs 2 32 an abortion on a pregnant woman, when it has been determined 2 33 pursuant to subsection 2 that the unborn child has a detectable 2 34 fetal heartbeat and a medical emergency does not exist, is 2 35 guilty of a class "D" felony. 3 1 b. A physician charged or indicted for violation under this 3 2 subsection may request a hearing before the board of medicine 3 3 to determine if a medical emergency existed that necessitated 3 4 the performance of the abortion. The findings of the board of 3 5 medicine are admissible on the issue of medical emergency in 3 6 any criminal proceedings. Upon motion of the physician, the 3 7 court shall delay any criminal proceedings for not more than 3 8 thirty days to permit such a hearing to be held. 3 9 4. A physician shall retain in the woman's medical record 3 10 all of the following: 3 11 a. Documentation of the testing for a fetal heartbeat 3 12 as specified in subsection 1 and the results of the fetal 3 13 heartbeat test. 3 14 b. The pregnant woman's signed form acknowledging that 3 15 the pregnant woman received the information as required under 3 16 subsection 1. 3 17 c. Any information entered into evidence by the physician in 3 18 any hearing before the board of medicine pursuant to subsection 3 19 3. 3 20 5. This section shall not be construed to impose civil 3 21 or criminal liability on a woman upon whom an abortion is 3 22 performed in violation of this section. 3 23 6. The board of medicine shall adopt rules pursuant to 3 24 chapter 17A to administer this section. 3 25 Sec. 4. REPEAL. Chapter 146B, Code 2018, is repealed. 3 26 Sec. 5. SEVERABILITY CLAUSE. If any provision of this Act 3 27 or its application to a person or circumstance is held invalid, 3 28 the invalidity does not affect other provisions of applications 3 29 of this Act which can be given effect without the invalid 3 30 provision or application, and to this end the provisions of 3 31 this Act are severable. 3 32 EXPLANATION 3 33 The inclusion of this explanation does not constitute agreement with 3 34 the explanation's substance by the members of the general assembly. 3 35 This bill relates to prerequisites for and prohibitions 4 1 against abortions relative to the testing for, and following 4 2 the detection of, a fetal heartbeat. 4 3 The bill provides that, except in the case of a medical 4 4 emergency, a physician shall not perform an abortion unless the 4 5 physician has first complied with the prerequisites of Code 4 6 chapter 146A and has tested the pregnant woman to determine if 4 7 a fetal heartbeat is detectable. The bill prescribes that in 4 8 testing for a detectable fetal heartbeat, the physician shall 4 9 perform an abdominal ultrasound, necessary to detect a fetal 4 10 heartbeat according to standard medical practice and including 4 11 the use of medical devices, as determined by standard medical 4 12 practice and specified by rule of the board of medicine. 4 13 Following the testing of the pregnant woman for a detectable 4 14 fetal heartbeat, the physician shall inform the pregnant woman, 4 15 in writing, whether a fetal heartbeat was detected and that 4 16 if a fetal heartbeat was detected, an abortion is prohibited. 4 17 Upon receipt of the written information, the pregnant woman 4 18 shall sign a form acknowledging that the pregnant woman has 4 19 received the information. 4 20 The bill prohibits a physician from performing an abortion 4 21 upon a pregnant woman when it has been determined that the 4 22 unborn child has a detectable fetal heartbeat, unless, in the 4 23 physician's reasonable medical judgment, a medical emergency 4 24 exists. A physician who knowingly and intentionally performs 4 25 an abortion on a pregnant woman, when it has been determined 4 26 that the unborn child has a detectable fetal heartbeat and a 4 27 medical emergency does not exist, is guilty of a class "D" 4 28 felony. A class "D" felony is punishable by confinement for no 4 29 more than five years and a fine of at least $750 but not more 4 30 than $7,500. 4 31 A physician charged or indicted for a violation under the 4 32 bill may request a hearing before the board of medicine to 4 33 determine if a medical emergency existed that necessitated the 4 34 performance of the abortion. The findings of the board of 4 35 medicine are admissible on the issue of medical emergency in 5 1 any criminal proceedings. Upon motion of the physician, the 5 2 court shall delay any criminal proceedings for not more than 30 5 3 days to permit such a hearing to be held. 5 4 The bill requires the physician to retain in the woman's 5 5 medical record documentation of the testing for a fetal 5 6 heartbeat and the results of the fetal heartbeat test; the 5 7 pregnant woman's signed form acknowledging that the pregnant 5 8 woman received the required information prescribed under 5 9 the bill; and any information entered into evidence by the 5 10 physician in any hearing before the board of medicine. 5 11 The bill is not to be construed to impose civil or criminal 5 12 liability on a woman upon whom an abortion is performed in 5 13 violation of the bill. 5 14 The bill requires the board of medicine to adopt rules 5 15 pursuant to Code chapter 17A to administer the bill. 5 16 The bill amends Code section 146A.1 to provide that the 5 17 prerequisites of that Code section do not apply to an abortion 5 18 performed in a medical emergency, and eliminates the exception 5 19 for an abortion performed to save the life of a pregnant woman. 5 20 The bill also amends the definition of "medical emergency" used 5 21 under Code chapter 146A to be consistent with the definition of 5 22 "medical emergency" used in the bill. 5 23 The bill repeals Code chapter 146B which provides 5 24 limitations on and prerequisites for an abortion including 5 25 determination of the postfertilization age of a fetus and the 5 26 prohibition against performing or attempting to perform an 5 27 abortion after a pregnancy reaches a postfertilization age of 5 28 20 or more weeks that conflict with the bill. 5 29 The bill includes a severability clause that if any 5 30 provision of this bill or its application to a person or 5 31 circumstance is held invalid, the invalidity does not affect 5 32 other provisions of applications of this bill which can be 5 33 given effect without the invalid provision or application, and 5 34 to this end the provisions of this bill are severable. LSB 5754SV (3) 87 pf/rh
