HF 2134 (LSB 5693YH (2) 83)

HOUSE FILE 2134

BY  WINDSCHITL, BAUDLER, DE BOEF, HUSEMAN, CHAMBERS, ALONS, SCHULTZ, SODERBERG, and HAGENOW

A BILL FOR

An Act relating to protocol for medically induced abortions, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  146A.1  Medically induced abortion —— protocol —— penalties.
   1.  A person shall not knowingly give, sell, dispense, administer, otherwise provide, or prescribe mifepristone to another person for the purpose of inducing an abortion in the person or enabling the other person to induce an abortion in another person, unless the person who gives, sells, dispenses, administers, or otherwise provides or prescribes the mifepristone meets all of the following requirements:
   a.  Is a licensed physician.
   b.  The physician satisfies all the criteria established by federal law that a physician must satisfy in order to provide mifepristone for inducing abortions.
   c.  The physician provides the mifepristone to the other person for the purpose of inducing an abortion in accordance with all provisions of federal law that govern the use of mifepristone for inducing abortions.
   2.  A person who gives, sells, dispenses, administers, otherwise provides, or prescribes mifepristone to another person as described in subsection 1 shall not be prosecuted based on a violation of the criteria contained in this section unless the person knows that the person is not a licensed physician, that the person did not satisfy all the specified criteria established by federal law, or that the person did not provide the mifepristone in accordance with the specified provisions of federal law, whichever is applicable.
   3.  A physician who provides mifepristone to another for the purpose of inducing an abortion as authorized under subsection 1 shall not knowingly fail to comply with the applicable requirements of any federal law that pertain to follow-up examinations or care for persons to whom or for whom mifepristone is provided for the purpose of inducing an abortion.
   4.  a.  If a physician provides mifepristone to another person for the purpose of inducing an abortion as authorized under subsection 1, and the physician knows that the person who uses the mifepristone for the purpose of inducing an abortion experiences during or after the use an incomplete abortion, severe bleeding, or an adverse reaction to the mifepristone, or is hospitalized, receives a transfusion, or experiences any other serious event, the physician shall provide a written report of the incomplete abortion, severe bleeding, adverse reaction, hospitalization, transfusion, or serious event to the department. The department shall compile and retain all reports the department receives under this section. Except as otherwise provided in this section, all reports the department receives under this section are public records. However, the department shall not release to any person the name or any other personal identifying information regarding a person who uses mifepristone for the purpose of inducing an abortion and who is the subject of a report the department receives under this section.
   b.  A physician who provides mifepristone to another for the purpose of inducing an abortion as authorized under subsection 1 shall not knowingly fail to file a report required under paragraph “a”.
   5.  A physician shall only diagnose and prescribe a medically induced abortion in person, and shall not utilize other means, such as an internet web camera, to do so. 
   6.  If a physician prescribes mifepristone after the gestational limit of forty-nine days recommended by the United States food and drug administration, the physician shall ensure that the woman has access to emergency care that is available twenty-four hours per day, seven days per week, and shall report any emergency care provided from complications arising from such prescription to the department.
   7.  a.  A person who violates this section is guilty of a class “D” felony.
   b.  If a person who violates this section is professionally licensed in this state, in addition to any other sanction imposed by law for the offense, the person is subject to sanctioning as provided by law by the regulatory or licensing board or agency that has the administrative authority to suspend or revoke the person’s professional license.
   8.  As used in this section unless the context otherwise requires:
   a.  “Department” means the department of public health.
   b.  “Federal law” means any law, rule, or regulation of the United States or any drug approval letter of the food and drug administration of the United States that governs or regulates the use of mifepristone for the purpose of inducing abortions.
EXPLANATION
   This bill provides protocol related to medically induced abortions.
   The bill prohibits a person from knowingly giving, selling, dispensing, administering, or otherwise providing, or prescribing mifepristone to another person for the purpose of inducing an abortion in the person or enabling the other person to induce an abortion in another person, unless the person who gives, sells, dispenses, administers, or otherwise provides or prescribes the mifepristone meets all of the following requirements: is a licensed physician; satisfies all the criteria established by federal law that a physician must satisfy in order to provide mifepristone for inducing abortions; and provides the mifepristone to the other person for the purpose of inducing an abortion in accordance with all provisions of federal law that govern the use of mifepristone for inducing abortions. However, the bill provides that a person who gives, sells, dispenses, administers, otherwise provides, or prescribes mifepristone to another person shall not be prosecuted based on a violation of the criteria specified unless the person knows that the person is not a licensed physician, that the person did not satisfy all the specified criteria established by federal law, or that the person did not provide the mifepristone in accordance with the specified provisions of federal law, whichever is applicable. The bill also provides that a physician who provides mifepristone to another for the purpose of inducing an abortion shall not knowingly fail to comply with the applicable requirements of any federal law that pertain to follow-up examinations or care for persons to whom or for whom mifepristone is provided for the purpose of inducing an abortion.
   If a physician provides mifepristone to induce an abortion, and if the physician knows that the person who uses the mifepristone for the purpose of inducing an abortion experiences during or after the use an incomplete abortion, severe bleeding, or an adverse reaction to the mifepristone or is hospitalized, receives a transfusion, or experiences any other serious event, the physician is required to provide a written report of the incomplete abortion of such result to the department of public health. The department is directed to compile and retain all reports the department receives, and such reports, unless otherwise provided, are public records. However, the department is prohibited from releasing the name or any other personal identifying information regarding a person who uses mifepristone for the purpose of inducing an abortion and who is the subject of a report the department receives. A physician who provides mifepristone to another for the purpose of inducing an abortion is prohibited from knowingly failing to file such a report.
   The bill requires that a physician only prescribe a medically induced abortion in person, and not utilize other means, such as an internet web camera, to do so. Additionally, if a physician prescribes mifepristone after the United States food and drug administration recommended 49 days of pregnancy, the physician shall ensure that the woman has access to emergency care that is available 24 hours per day, seven days per week, and shall report any emergency care provided from complications arising from such prescription to the department.
   A person who violates a provision of the bill is guilty of a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500. Additionally, if a person who violates the provisions of the bill is professionally licensed, the person is subject to sanctioning as provided by law by the regulatory or licensing board or agency that has the administrative authority to suspend or revoke the person’s professional license.