Bill Text: IA SSB3143 | 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.
Spectrum: Committee Bill
Status: (N/A - Dead) 2018-02-08 - Subcommittee recommends passage. [SSB3143 Detail]
Download: Iowa-2017-SSB3143-Introduced.html
Senate
Study
Bill
3143
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
the
prerequisites
for
and
prohibition
1
against
an
abortion
related
to
the
testing
for,
and
2
following
the
detection
of,
a
fetal
heartbeat,
providing
for
3
a
repeal,
and
providing
penalties.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
146A.1,
subsections
2
and
6,
Code
2018,
1
are
amended
to
read
as
follows:
2
2.
Compliance
with
the
prerequisites
of
this
section
shall
3
not
apply
to
any
of
the
following:
4
a.
An
abortion
performed
to
save
the
life
of
a
pregnant
5
woman.
6
b.
An
an
abortion
performed
in
a
medical
emergency.
7
c.
The
performance
of
a
medical
procedure
by
a
physician
8
that
in
the
physician’s
reasonable
medical
judgment
is
designed
9
to
or
intended
to
prevent
the
death
or
to
preserve
the
life
of
10
the
pregnant
woman.
11
6.
As
used
in
this
section
,
“unborn
child”
12
a.
“Medical
emergency”
means
a
situation
in
which
an
13
abortion
is
performed
to
preserve
the
life
of
the
pregnant
14
woman
whose
life
is
endangered
by
a
physical
disorder,
physical
15
illness,
or
physical
injury,
including
a
life-endangering
16
physical
condition
caused
by
or
arising
from
the
pregnancy,
but
17
not
including
psychological
conditions,
emotional
conditions,
18
familial
conditions,
or
the
woman’s
age.
19
b.
“Unborn
child”
means
an
individual
organism
of
the
20
species
homo
sapiens
from
fertilization
to
live
birth.
21
Sec.
2.
NEW
SECTION
.
146C.1
Definitions.
22
As
used
in
this
chapter,
unless
the
context
otherwise
23
requires:
24
1.
“Abortion”
means
the
termination
of
a
human
pregnancy
25
with
the
intent
other
than
to
produce
a
live
birth
or
to
remove
26
a
dead
fetus.
27
2.
“Fetal
heartbeat”
means
cardiac
activity,
the
steady
and
28
repetitive
rhythmic
contraction
of
the
fetal
heart
within
the
29
gestational
sac.
30
3.
“Medical
emergency”
means
the
same
as
defined
in
section
31
146A.1.
32
4.
“Physician”
means
a
person
licensed
under
chapter
148.
33
5.
“Reasonable
medical
judgment”
means
a
medical
judgment
34
made
by
a
reasonably
prudent
physician
who
is
knowledgeable
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about
the
case
and
the
treatment
possibilities
with
respect
to
1
the
medical
conditions
involved.
2
6.
“Unborn
child”
means
the
same
as
defined
in
section
3
146A.1.
4
Sec.
3.
NEW
SECTION
.
146C.2
Abortion
prohibited
——
5
detectable
fetal
heartbeat
——
penalty.
6
1.
Except
in
the
case
of
a
medical
emergency,
a
physician
7
shall
not
perform
an
abortion
unless
the
physician
has
first
8
complied
with
the
prerequisites
of
chapter
146A
and
has
9
tested
the
pregnant
woman
as
specified
in
this
subsection,
to
10
determine
if
a
fetal
heartbeat
is
detectable.
11
a.
In
testing
for
a
detectable
fetal
heartbeat,
the
12
physician
shall
perform
an
abdominal
ultrasound,
necessary
to
13
detect
a
fetal
heartbeat
according
to
standard
medical
practice
14
and
including
the
use
of
medical
devices,
as
determined
by
15
standard
medical
practice
and
specified
by
rule
of
the
board
16
of
medicine.
17
b.
Following
the
testing
of
the
pregnant
woman
for
a
18
detectable
fetal
heartbeat,
the
physician
shall
inform
the
19
pregnant
woman,
in
writing,
of
all
of
the
following:
20
(1)
Whether
a
fetal
heartbeat
was
detected.
21
(2)
That
if
a
fetal
heartbeat
was
detected,
an
abortion
is
22
prohibited.
23
c.
Upon
receipt
of
the
written
information,
the
pregnant
24
woman
shall
sign
a
form
acknowledging
that
the
pregnant
woman
25
has
received
the
information
as
required
under
this
subsection.
26
2.
A
physician
shall
not
perform
an
abortion
upon
a
pregnant
27
woman
when
it
has
been
determined
that
the
unborn
child
has
28
a
detectable
fetal
heartbeat,
unless,
in
the
physician’s
29
reasonable
medical
judgment,
a
medical
emergency
exists.
30
3.
a.
A
physician
who
knowingly
and
intentionally
performs
31
an
abortion
on
a
pregnant
woman,
when
it
has
been
determined
32
pursuant
to
subsection
2
that
the
unborn
child
has
a
detectable
33
fetal
heartbeat
and
a
medical
emergency
does
not
exist,
is
34
guilty
of
a
class
“D”
felony.
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b.
A
physician
charged
or
indicted
for
violation
under
this
1
subsection
may
request
a
hearing
before
the
board
of
medicine
2
to
determine
if
a
medical
emergency
existed
that
necessitated
3
the
performance
of
the
abortion.
The
findings
of
the
board
of
4
medicine
are
admissible
on
the
issue
of
medical
emergency
in
5
any
criminal
proceedings.
Upon
motion
of
the
physician,
the
6
court
shall
delay
any
criminal
proceedings
for
not
more
than
7
thirty
days
to
permit
such
a
hearing
to
be
held.
8
4.
A
physician
shall
retain
in
the
woman’s
medical
record
9
all
of
the
following:
10
a.
Documentation
of
the
testing
for
a
fetal
heartbeat
11
as
specified
in
subsection
1
and
the
results
of
the
fetal
12
heartbeat
test.
13
b.
The
pregnant
woman’s
signed
form
acknowledging
that
14
the
pregnant
woman
received
the
information
as
required
under
15
subsection
1.
16
c.
Any
information
entered
into
evidence
by
the
physician
in
17
any
hearing
before
the
board
of
medicine
pursuant
to
subsection
18
3.
19
5.
This
section
shall
not
be
construed
to
impose
civil
20
or
criminal
liability
on
a
woman
upon
whom
an
abortion
is
21
performed
in
violation
of
this
section.
22
6.
The
board
of
medicine
shall
adopt
rules
pursuant
to
23
chapter
17A
to
administer
this
section.
24
Sec.
4.
REPEAL.
Chapter
146B,
Code
2018,
is
repealed.
25
Sec.
5.
SEVERABILITY
CLAUSE.
If
any
provision
of
this
Act
26
or
its
application
to
a
person
or
circumstance
is
held
invalid,
27
the
invalidity
does
not
affect
other
provisions
of
applications
28
of
this
Act
which
can
be
given
effect
without
the
invalid
29
provision
or
application,
and
to
this
end
the
provisions
of
30
this
Act
are
severable.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
relates
to
prerequisites
for
and
prohibitions
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against
abortions
relative
to
the
testing
for,
and
following
1
the
detection
of,
a
fetal
heartbeat.
2
The
bill
provides
that,
except
in
the
case
of
a
medical
3
emergency,
a
physician
shall
not
perform
an
abortion
unless
the
4
physician
has
first
complied
with
the
prerequisites
of
Code
5
chapter
146A
and
has
tested
the
pregnant
woman
to
determine
if
6
a
fetal
heartbeat
is
detectable.
The
bill
prescribes
that
in
7
testing
for
a
detectable
fetal
heartbeat,
the
physician
shall
8
perform
an
abdominal
ultrasound,
necessary
to
detect
a
fetal
9
heartbeat
according
to
standard
medical
practice
and
including
10
the
use
of
medical
devices,
as
determined
by
standard
medical
11
practice
and
specified
by
rule
of
the
board
of
medicine.
12
Following
the
testing
of
the
pregnant
woman
for
a
detectable
13
fetal
heartbeat,
the
physician
shall
inform
the
pregnant
woman,
14
in
writing,
whether
a
fetal
heartbeat
was
detected
and
that
15
if
a
fetal
heartbeat
was
detected,
an
abortion
is
prohibited.
16
Upon
receipt
of
the
written
information,
the
pregnant
woman
17
shall
sign
a
form
acknowledging
that
the
pregnant
woman
has
18
received
the
information.
19
The
bill
prohibits
a
physician
from
performing
an
abortion
20
upon
a
pregnant
woman
when
it
has
been
determined
that
the
21
unborn
child
has
a
detectable
fetal
heartbeat,
unless,
in
the
22
physician’s
reasonable
medical
judgment,
a
medical
emergency
23
exists.
A
physician
who
knowingly
and
intentionally
performs
24
an
abortion
on
a
pregnant
woman,
when
it
has
been
determined
25
that
the
unborn
child
has
a
detectable
fetal
heartbeat
and
a
26
medical
emergency
does
not
exist,
is
guilty
of
a
class
“D”
27
felony.
A
class
“D”
felony
is
punishable
by
confinement
for
no
28
more
than
five
years
and
a
fine
of
at
least
$750
but
not
more
29
than
$7,500.
30
A
physician
charged
or
indicted
for
a
violation
under
the
31
bill
may
request
a
hearing
before
the
board
of
medicine
to
32
determine
if
a
medical
emergency
existed
that
necessitated
the
33
performance
of
the
abortion.
The
findings
of
the
board
of
34
medicine
are
admissible
on
the
issue
of
medical
emergency
in
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any
criminal
proceedings.
Upon
motion
of
the
physician,
the
1
court
shall
delay
any
criminal
proceedings
for
not
more
than
30
2
days
to
permit
such
a
hearing
to
be
held.
3
The
bill
requires
the
physician
to
retain
in
the
woman’s
4
medical
record
documentation
of
the
testing
for
a
fetal
5
heartbeat
and
the
results
of
the
fetal
heartbeat
test;
the
6
pregnant
woman’s
signed
form
acknowledging
that
the
pregnant
7
woman
received
the
required
information
prescribed
under
8
the
bill;
and
any
information
entered
into
by
the
physician
9
evidence
in
any
hearing
before
the
board
of
medicine.
10
The
bill
is
not
to
be
construed
to
impose
civil
or
criminal
11
liability
on
a
woman
upon
whom
an
abortion
is
performed
in
12
violation
of
the
bill.
13
The
bill
requires
the
board
of
medicine
to
adopt
rules
14
pursuant
to
Code
chapter
17A
to
administer
the
bill.
15
The
bill
amends
Code
section
146A.1
to
provide
that
the
16
prerequisites
of
that
Code
section
do
not
apply
to
an
abortion
17
performed
in
a
medical
emergency,
and
eliminates
the
exception
18
for
an
abortion
performed
to
save
the
life
of
a
pregnant
woman.
19
The
bill
also
amends
the
definition
of
“medical
emergency”
used
20
under
Code
chapter
146A
to
be
consistent
with
the
definition
of
21
“medical
emergency”
used
in
the
bill.
22
The
bill
repeals
Code
chapter
146B
which
provides
23
limitations
on
and
prerequisites
for
an
abortion
including
24
determination
of
the
postfertilization
age
of
a
fetus
and
the
25
prohibition
against
performing
or
attempting
to
perform
an
26
abortion
after
a
pregnancy
reaches
a
postfertilization
age
of
27
20
or
more
weeks
that
conflict
with
the
bill.
28
The
bill
includes
a
severability
clause
that
if
any
29
provision
of
this
bill
or
its
application
to
a
person
or
30
circumstance
is
held
invalid,
the
invalidity
does
not
affect
31
other
provisions
of
applications
of
this
bill
which
can
be
32
given
effect
without
the
invalid
provision
or
application,
and
33
to
this
end
the
provisions
of
this
bill
are
severable.
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