HF 2140 (LSB 5131YH (14) 86)

HOUSE FILE 2140

BY  SALMON, NUNN, HEARTSILL, FISHER, HOLT, GUSTAFSON, WINDSCHITL, PETTENGILL, KOOIKER, GASSMAN, WATTS, SHEETS, BAXTER, ROGERS, and FRY

A BILL FOR

An Act relating to fetal deaths, prohibitions against the buying, selling, or experimentation on an unborn infant or bodily remains, providing penalties, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 144.1, subsections 7 and 9, Code 2016, are amended to read as follows:
   7.  “Fetal death” means death prior to the complete expulsion or extraction from its mother of a product of human conception an unborn infant, irrespective of the duration of pregnancy. Death is indicated by the fact that after expulsion or extraction the fetus unborn infant does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles. In determining a fetal death, heartbeats shall be distinguished from transient cardiac contractions, and respirations shall be distinguished from fleeting respiratory efforts or gasps.
   9.  “Final disposition” means the burial, interment, cremation, removal from the state, or other disposition of a dead body or fetus unborn infant.
    Sec. 2.  Section 144.1, Code 2016, is amended by adding the following new subsections:
   NEW SUBSECTION.  1A.  “Bodily remains” means the physical remains, corpse, or body parts of a dead unborn infant that has reached the stage of development in which there are cartilaginous structures or fetal or skeletal parts, which remains were extracted or expelled following a fetal death. “Bodily remains” does not include medical waste.
   NEW SUBSECTION.  9A.  “Health care provider” means an individual licensed or registered under chapter 148, 148C, 148D, or 152, or any individual who provides medical services under the authorization of the licensee.
   NEW SUBSECTION.  9B.  “Inducing of a termination of pregnancy” means the use of any means to terminate the pregnancy of a woman known to be pregnant with the intent other than to produce a live birth or to remove a dead unborn infant.
   NEW SUBSECTION.  11A.  “Medical waste” means discarded biologic product such as blood, tissue, or body parts removed from medical facilities as well as bedding, bandages, syringes, and similar materials that have been used in treating patients, but does not include bodily remains.
   NEW SUBSECTION.  12A.  “Spontaneous termination of pregnancy” means the occurrence of an unintended termination of pregnancy at any time during the period from conception to twenty weeks gestation.
   NEW SUBSECTION.  13A.  “Stillbirth” means an unintended fetal death occurring after a gestation period of twenty completed weeks, or an unintended fetal death of an unborn infant with a weight of three hundred fifty or more grams.
   NEW SUBSECTION.  14A.  “Unborn infant” means the offspring of a human being from conception until birth.
    Sec. 3.  Section 144.29, Code 2016, is amended to read as follows:
   144.29  Fetal deaths.
   1.  A fetal death certificate for each fetal death of an unborn infant that has reached the stage of development at which bodily remains are evident which occurs in this state after a gestation period of twenty completed weeks or greater, or for a fetus with a weight of three hundred fifty grams or more shall be filed as directed by the state registrar within three days after delivery and prior to final disposition of the fetus dead unborn infant. The certificate shall be registered if it has been completed and filed in accordance with this chapter.
   2.  The county in which a dead fetus unborn infant is found is the county of death. The certificate shall be filed within three days after the fetus dead unborn infant is found. If a fetal death occurs in a moving conveyance, the county in which the fetus dead unborn infant is first removed from the conveyance is the county of death.
    Sec. 4.  Section 144.29A, subsection 7, Code 2016, is amended by striking the subsection.
    Sec. 5.  NEW SECTION.  144.29B  Final disposition of bodily remains after fetal death —— release to mother or authorized representative —— alternative authorization.
   1.  a.  When a fetal death occurs, the individual in charge of the institution where the bodily remains were expulsed or extracted from the mother shall release to the mother or the mother’s authorized representative, upon the request of the mother, the bodily remains for final disposition in the following manner:
   (1)  When the bodily remains are not the result of a spontaneous termination of pregnancy or a stillbirth, only by burial, interment, or cremation.
   (2)  In addition to the means specified in subparagraph (1), when the bodily remains are the result of a spontaneous termination of pregnancy or a stillbirth, by means in compliance with chapter 142C.
   b.  A request by the mother or her authorized representative under paragraph “a” may be made prior to or within seventy-two hours after the expulsion or extraction of the bodily remains.
   c.  A release of bodily remains to a mother or the mother’s authorized representative made under this subsection shall comply with section 144.32.
   2.  a.  When a fetal death occurs, if the mother or her authorized representative does not request the release of the bodily remains under subsection 1, the funeral director, the individual in charge of the institution where the bodily remains were expulsed or extracted, or a person assuming responsibility for the final disposition of the bodily remains shall obtain from the mother or her authorized representative a written authorization for final disposition on a form prescribed and furnished or approved by the department.
   (1)  The authorization may allow final disposition to be by a funeral director, the individual in charge of the institution where the bodily remains were expulsed or extracted, or another person assuming responsibility for the final disposition of the bodily remains.
   (2)  The mother or her authorized representative may direct, in the written authorization, that the final disposition of the bodily remains be by one of the following:
   (a)  When the bodily remains are not the result of a spontaneous termination of pregnancy or a stillbirth, only by burial, interment, or cremation.
   (b)  In addition to the means specified in subparagraph division (a), when the bodily remains are the result of a spontaneous termination of pregnancy or a stillbirth, by means in compliance with chapter 142C.
   b.  The funeral director, the individual in charge of the institution where the bodily remains were expulsed or extracted, or the person assuming responsibility for the final disposition of the bodily remains shall ensure that the final disposition of the bodily remains is performed in compliance with the authorization for final disposition.
   c.  After final disposition, the funeral director, the individual in charge of the institution where the bodily remains were expulsed or extracted, or the person assuming responsibility for the final disposition of the bodily remains, shall retain the authorization for not less than seven years.
   3.  The final disposition of the bodily remains shall not be by incineration.
   4.  If the final disposition of the bodily remains is by cremation, the medical examiner of the county in which the fetal death occurred shall sign the authorization for final disposition.
   5.  Bodily remains may be moved from the place of death to be prepared for final disposition with the consent of the person who certified the death.
   6.  A permit for final disposition issued under the laws of another state that accompanies bodily remains brought into Iowa is authorization for final disposition of the bodily remains in Iowa.
    Sec. 6.  Section 144.30, Code 2016, is amended to read as follows:
   144.30  Funeral director’s duty —— fetal death certificate.
   The funeral director who first assumes custody of a fetus dead unborn infant shall file the fetal death certificate. In the absence of such a person, the physician or other person in attendance at or after the delivery shall file the certificate of fetal death. The person filing the certificate shall obtain the personal data from the next of kin or the best qualified person or source available and shall obtain the medical certification of cause of death from the person responsible for completing the certification. When a person other than a funeral director assumes custody of a fetus dead unborn infant, the person shall be responsible for carrying out the provisions of this section.
    Sec. 7.  Section 144.31A, subsection 1, Code 2016, is amended to read as follows:
   1.  As used in this section:
   a.  “Certificate, “certificate of birth resulting in stillbirth” means a document issued based upon a properly filed fetal death certificate to record the birth of a stillborn fetus unborn infant.
   b.  “Stillbirth” means stillbirth as defined in section 136A.2.
    Sec. 8.  Section 144.32, subsections 1, 2, and 3, Code 2016, are amended to read as follows:
   1.  If a person other than a funeral director, medical examiner, or emergency medical service assumes custody of a dead body or fetus dead unborn infant, the person shall secure a burial transit permit. To be valid, the burial transit permit must be issued by the county medical examiner, a funeral director, or the state registrar. The permit shall be obtained prior to the removal of the body or fetus dead unborn infant from the place of death and the permit shall accompany the body or fetus dead unborn infant to the place of final disposition.
   2.  To transfer a dead body or fetus dead unborn infant outside of this state, the funeral director who first assumes custody of the dead body or fetus dead unborn infant shall obtain a burial transit permit prior to the transfer. The permit shall accompany the dead body or fetus dead unborn infant to the place of final disposition.
   3.  A dead body or fetus dead unborn infant brought into this state for final disposition shall be accompanied by a burial transit permit under the law of the state in which the death occurred.
    Sec. 9.  Section 144.33, Code 2016, is amended to read as follows:
   144.33  Bodies brought into state.
   A burial transit permit issued under the law of another state which accompanies a dead body or fetus dead unborn infant brought into this state shall be authority for final disposition of the body or fetus dead unborn infant in this state.
    Sec. 10.  Section 144.49, Code 2016, is amended to read as follows:
   144.49  Additional record by funeral director.
   A funeral director or other person who removes from the place of death or transports or finally disposes of a dead body or fetus dead unborn infant, in addition to filing any certificate or other form required by this chapter, shall keep a record which shall identify the body, and information pertaining to the funeral director’s or other person’s receipt, removal, and delivery of the body as prescribed by the department.
    Sec. 11.  Section 144.52, subsection 7, Code 2016, is amended to read as follows:
   7.  Knowingly violates a provision of section 144.29A or 144.29B.
    Sec. 12.  NEW SECTION.  146B.1  Prohibitions on buying, selling, or experimentation relating to an unborn infant or the bodily remains resulting from an abortion —— criminal and civil penalties —— state funding prohibited.
   1.  A person shall not experiment upon an unborn infant intended to be aborted unless the experimentation is therapeutic to the unborn infant.
   2.  A person shall not perform or offer to perform an abortion if the justification or reason for the abortion is that the bodily remains may be used for animal or human research, experimentation, or transplantation.
   3.  A person shall not knowingly sell, transfer, distribute, give away, accept, use, or attempt to use an unborn infant or the bodily remains resulting from an abortion.
   4.  A person shall not aid or abet any prohibited action specified in subsection 3.
   5.  A person shall not use an unborn infant or the bodily remains resulting from an abortion in animal or human research, experimentation, or study, or for transplantation, except under any of the following circumstances:
   a.  For diagnostic or remedial tests, procedures, or observations which have the purpose of determining the life or health of the unborn infant, or preserving the life or health of the unborn infant or pregnant woman.
   b.  For pathological study.
   6.  In addition to other remedies available, failure to comply with the requirements of this section shall provide a basis for recovery for the pregnant woman, or the parent or guardian of the pregnant woman if the pregnant woman is a minor, for the unlawful disposition of or experimentation upon an unborn infant or bodily remains. Such relief may include all of the following:
   a.  Monetary damages for all psychological injuries occasioned by such violation.
   b.  Statutory damages equal to three times the cost of the pregnant woman’s delivery or abortion.
   c.  A basis for professional disciplinary action under chapter 148.
   d.  Upon conviction of a violation of this section, the automatic suspension of the license of the physician for at least one year.
   7.  A person who violates this section is guilty of a class “C” felony for each violation.
   8.  State funding shall not be appropriated to or expended by any state agency, state institution, or program administered by the state including but not limited to the medical assistance program if such entity or program is found in violation of this section.
   9.  For purposes of this section:
   a.  “Abortion” means abortion as defined in section 146.1.
   b.  “Bodily remains” means bodily remains as defined in section 144.1.
   c.  “Experiment” or “experimentation” means the use of bodily remains in any trial, test, procedure, or observation carried out with the goal of verifying, refuting, or establishing the validity of a hypothesis, but does not include diagnostic or remedial tests, procedures, or observations which have the purpose of determining the life or health of the unborn infant, preserving the life or health of the unborn infant or the pregnant woman, or pathological study.
   d.  “Pathological study” means the examination of body tissue for diagnostic or forensic purposes.
   e.  “Therapeutic” means intended to treat or cure a disease or disorder by remedial agents or methods.
   f.  “Unborn infant” means unborn infant as defined in section 144.1.
    Sec. 13.  STATUTORY CONSTRUCTION.
   1.  Nothing in this Act shall be construed to affect existing federal or state law regarding abortion.
   2.  Nothing in this Act shall be construed as creating or recognizing a right to abortion.
   3.  Nothing in this Act shall be construed to alter generally accepted medical standards.
    Sec. 14.  SEVERABILITY.  If any provision of this Act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provisions or application and, to this end, the provisions of this Act are severable.
    Sec. 15.  RIGHT OF INTERVENTION.  The general assembly, by joint resolution, may appoint one or more of its members, who sponsored or cosponsored this Act in the member’s official capacity to intervene as a matter of right in any case in which the constitutionality of this Act is challenged.
    Sec. 16.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to fetal deaths and prohibitions against the buying or selling of or experimentation on an unborn infant or bodily remains. The bill includes definitions used in the bill.
   The bill amends provisions in Code chapter 144 (vital statistics) relating to fetal deaths, and provides that a fetal death certificate is to be filed for all fetal deaths occurring at the stage of an unborn infant’s development at which bodily remains are evident, not only for those after a gestation period of 20 completed weeks or greater, or for a dead unborn infant with a weight of 350 grams or more.
   The bill also establishes a process for the release to a mother or her authorized representative of fetal bodily remains following a fetal death, or in the alternative, provides for the disposition of fetal bodily remains by the funeral director, the individual in charge of the institution where the bodily remains were expulsed or extracted, or by a person assuming responsibility for the bodily remains, in the manner authorized by the woman or her authorized representative. If the fetal death is not a spontaneous termination of pregnancy or a stillbirth, disposition may only be by burial, interment, or cremation. If the fetal death is a spontaneous termination of pregnancy or a stillbirth, disposition may also be made in accordance with the uniform anatomical gift Act (Code chapter 142C). Final disposition shall not be by incineration. If final disposition of the bodily remains is by cremation, the medical examiner of the county in which the fetal death occurred is required to sign the authorization for final disposition. If bodily remains are assumed by the mother or her authorized representative, they must secure a burial transit permit as provided in current law under Code section 144.32. Bodily remains may be moved from the place of death to be prepared for final disposition with the consent of the person who certified the death. A permit for final disposition issued under the laws of another state that accompanies bodily remains brought into Iowa is authorization for final disposition of the bodily remains in Iowa. A person who knowingly violates these provisions is guilty of a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875.
   The bill also establishes prohibitions on the buying or selling of or experimentation on an unborn infant or the bodily remains resulting from an abortion. The bill prohibits a person from experimenting upon an unborn infant intended to be aborted unless the experimentation is therapeutic to the unborn infant; performing or offering to perform an abortion if the justification or reason for the abortion is that the bodily remains may be used for animal or human research, experimentation, or transplantation; knowingly selling, transferring, distributing, giving away, accepting, using, or attempting to use an unborn infant or the bodily remains resulting from an abortion; or aiding or abetting any of these prohibited actions.
   Additionally, under the bill a person is prohibited from using an unborn infant or the bodily remains resulting from an abortion in animal or human research, experimentation, or study, or for transplantation, unless an exception is met. The exceptions include for diagnostic or remedial tests, procedures, or observations which have the purpose of determining the life or health of the unborn infant, or preserving the life or health of the unborn infant or pregnant woman; and for pathological study.
   The bill provides for civil relief in the form of monetary and statutory damages, professional disciplinary action against a physician, and criminal penalties for failure to comply with the prohibitions relating to buying, selling, or experimentation in regard to an unborn infant or bodily remains.
   The bill provides that upon conviction of a violation of these prohibitions, a person is guilty of a class “C” felony. A class “C” felony is punishable by confinement of no more than 10 years and a fine of at least $1,000 but not more than $10,000.
   The bill provides that state funding shall not be appropriated to or expended by a state institution, state agency, or program administered by the state if the entity or program is found in violation of the prohibitions.
   The bill provides that nothing in the bill shall be construed to affect existing federal or state law regarding abortion, as creating or recognizing a right to abortion, or to alter generally accepted medical standards.
   The provisions of the bill are severable and the bill also provides for the right of intervention by members of the general assembly who sponsored or cosponsored the bill in their official capacity, appointed by joint resolution, to intervene as a matter of right in any case in which the constitutionality of the bill is challenged.
   The bill makes conforming changes in Code chapter 144 to replace the term “fetus” with the term “unborn infant” and defines “unborn infant” as the offspring of a human being from conception until birth.
   The bill takes effect upon enactment.