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House File 121

Partial Bill History

Bill Text

PAG LIN
  1  1                                               HOUSE FILE 121
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO NOTIFICATION PROCEDURES PRIOR TO THE PERFORMANCE
  1  5    OF AN ABORTION ON OR TERMINATION OF PARENTAL RIGHTS OF A
  1  6    MINOR AND APPLICABLE PENALTIES AND PROVIDING FOR A REPEAL.
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 
  1  9 
  1 10    Section 1.  Section 135L.1, subsection 3, Code 1997, is
  1 11 amended by striking the subsection.
  1 12    Sec. 2.  Section 135L.2, subsections 3 and 6, Code 1997,
  1 13 are amended to read as follows:
  1 14    3.  During the initial appointment between a licensed
  1 15 physician from whom a pregnant minor is seeking the
  1 16 performance of an abortion and a pregnant minor, a the
  1 17 licensed physician, who is providing medical services to a
  1 18 pregnant minor, shall offer the viewing of the video and the
  1 19 written decision-making materials to the pregnant minor, and
  1 20 shall obtain the signed and dated certification form from the
  1 21 pregnant minor.  If the pregnant minor has previously been
  1 22 offered the viewing of the video and the written decision-
  1 23 making materials by another source, the licensed physician
  1 24 shall obtain the completed certification form from the other
  1 25 source to verify that the pregnant minor has been offered the
  1 26 viewing of the video and the written decision-making
  1 27 materials.  A licensed physician shall not perform an abortion
  1 28 on a pregnant minor prior to obtaining the completed
  1 29 certification form from a pregnant minor.
  1 30    6.  Following the offering of the viewing of the video and
  1 31 of the written decision-making materials, the pregnant minor
  1 32 shall sign and date the certification form attached to the
  1 33 materials, and shall submit the completed form to the licensed
  1 34 physician or provide the person making the offer with
  1 35 information to send the completed form to the pregnant minor's
  2  1 attending physician.  The person offering the viewing of the
  2  2 video and the decision-making materials licensed physician
  2  3 shall also provide a copy of the completed certification form
  2  4 to the pregnant minor.
  2  5    Sec. 3.  Section 135L.3, subsections 1 and 2, Code 1997,
  2  6 are amended to read as follows:
  2  7    1.  A person licensed physician shall not perform an
  2  8 abortion on a pregnant minor until at least forty-eight hours'
  2  9 prior notification is provided to a parent of the pregnant
  2 10 minor.
  2 11    2.  The person licensed physician who will perform the
  2 12 abortion shall provide notification in person or by mailing
  2 13 the notification by restricted certified mail to the a parent
  2 14 of the pregnant minor at the usual place of abode of the
  2 15 parent.  For the purpose of delivery by restricted certified
  2 16 mail, the time of delivery is deemed to occur at twelve
  2 17 o'clock noon on the next day on which regular mail delivery
  2 18 takes place, subsequent to the mailing.
  2 19    Sec. 4.  Section 135L.3, subsection 3, paragraph c, Code
  2 20 1997, is amended to read as follows:
  2 21    c.  The court proceedings shall be conducted in a manner
  2 22 which protects the confidentiality of the pregnant minor and
  2 23 notwithstanding section 232.147 or any other provision to the
  2 24 contrary, all court documents pertaining to the proceedings
  2 25 shall remain confidential and shall be sealed.  Only the
  2 26 pregnant minor, the pregnant minor's guardian ad litem, the
  2 27 pregnant minor's legal counsel, and persons whose presence is
  2 28 specifically requested by the pregnant minor, by the pregnant
  2 29 minor's guardian ad litem, or by the pregnant minor's legal
  2 30 counsel may attend the hearing on the petition.
  2 31    Sec. 5.  Section 135L.3, subsection 3, paragraph l, Code
  2 32 1997, is amended to read as follows:
  2 33    l.  The supreme court shall prescribe rules to ensure that
  2 34 the proceedings under this section are performed in an
  2 35 expeditious and confidential manner.  The rules shall require
  3  1 that the hearing on the petition shall be held and the court
  3  2 shall rule on the petition within forty-eight hours of the
  3  3 filing of the petition.  If the court fails to hold the
  3  4 hearing and rule on the petition within forty-eight hours of
  3  5 the filing of the petition and an extension is not requested,
  3  6 the petition is deemed granted and waiver of the notification
  3  7 requirements is deemed authorized.  The court shall
  3  8 immediately provide documentation to the pregnant minor and to
  3  9 the pregnant minor's legal counsel if the pregnant minor is
  3 10 represented by legal counsel, demonstrating that the petition
  3 11 is deemed granted and that waiver of the notification
  3 12 requirements is deemed authorized.  Resolution of a petition
  3 13 for authorization of waiver of the notification requirement
  3 14 shall be completed within ten calendar days as calculated from
  3 15 the day after the filing of the petition to the day of
  3 16 issuance of any final decision on appeal.
  3 17    Sec. 6.  Section 135L.3, subsection 3, paragraph m,
  3 18 subparagraph (2), Code 1997, is amended to read as follows:
  3 19    (2)  (a)  The pregnant minor declares, in a written
  3 20 statement submitted to the attending physician, a reason for
  3 21 not notifying a parent and a reason for notifying a
  3 22 grandparent or an aunt or uncle of the pregnant minor in lieu
  3 23 of the notification of a parent.  Upon receipt of the written
  3 24 statement from the pregnant minor, the attending physician
  3 25 shall provide notification to a grandparent or an aunt or
  3 26 uncle of the pregnant minor, specified by the pregnant minor,
  3 27 in the manner in which notification is provided to a parent.
  3 28    (b)  The notification form shall be in duplicate and shall
  3 29 include both of the following:
  3 30    (i)  A declaration which informs the grandparent or the
  3 31 aunt or uncle of the pregnant minor that the grandparent or
  3 32 aunt or uncle of the pregnant minor may be subject to civil
  3 33 action if the grandparent or aunt or uncle accepts
  3 34 notification.
  3 35    (ii)  A provision that the grandparent or aunt or uncle of
  4  1 the pregnant minor may refuse acceptance of notification.
  4  2    Sec. 7.  Section 135L.3, subsection 3, paragraph m,
  4  3 subparagraph (3), Code 1997, is amended to read as follows:
  4  4    (3)  The pregnant minor's attending physician certifies in
  4  5 writing that a medical emergency exists which necessitates the
  4  6 immediate performance of an abortion in accordance with
  4  7 section 135L.5, and places the written certification in the
  4  8 medical file of the pregnant minor.
  4  9    Sec. 8.  Section 135L.3, subsection 3, paragraph m,
  4 10 subparagraph (4), Code 1997, is amended to read as follows:
  4 11    (4)  The pregnant minor declares that the pregnant minor is
  4 12 a victim of child abuse pursuant to section 232.68, the person
  4 13 responsible for the care of the child is a parent of the
  4 14 child, and either the abuse has been reported pursuant to the
  4 15 procedures prescribed in chapter 232, division III, part 2, or
  4 16 a parent of the child is named in a report of founded child
  4 17 abuse.  The department of human services shall maintain
  4 18 confidentiality under chapter 232 and shall not release any
  4 19 information in response to a request for public records,
  4 20 discovery procedures, subpoena, or any other means, unless the
  4 21 release of information is expressly authorized by the pregnant
  4 22 minor regarding the pregnant minor's pregnancy and abortion,
  4 23 if the abortion is obtained.  A person who knowingly violates
  4 24 the confidentiality provisions of this subparagraph is guilty
  4 25 of a serious misdemeanor.
  4 26    Sec. 9.  Section 135L.3, subsection 3, paragraph n, Code
  4 27 1997, is amended to read as follows:
  4 28    n.  A person licensed physician who knowingly performs an
  4 29 abortion in violation of this section is guilty of a serious
  4 30 misdemeanor.
  4 31    Sec. 10.  Section 135L.3, subsection 3, Code 1997, is
  4 32 amended by adding the following new paragraph:
  4 33    NEW PARAGRAPH.  o.  All records and files of a court
  4 34 proceeding maintained under this section shall be destroyed by
  4 35 the clerk of court when one year has elapsed from any of the
  5  1 following, as applicable:
  5  2    (1)  The date that the court issues an order waiving the
  5  3 notification requirements.
  5  4    (2)  The date after which the court denies the petition for
  5  5 waiver of notification and the decision is not appealed.
  5  6    (3)  The date after which the court denies the petition for
  5  7 waiver of notification, the decision is appealed, and all
  5  8 appeals are exhausted.
  5  9    Sec. 11.  Section 135L.3, subsection 3, Code 1997, is
  5 10 amended by adding the following new paragraph:
  5 11    NEW PARAGRAPH.  p.  A person who knowingly violates the
  5 12 confidentiality requirements of this section relating to court
  5 13 proceedings and documents is guilty of a serious misdemeanor.
  5 14    Sec. 12.  Section 135L.6, Code 1997, is amended to read as
  5 15 follows:
  5 16    135L.6  FRAUDULENT PRACTICE.
  5 17    A person who does any of the following is guilty of a
  5 18 fraudulent practice in the fourth degree pursuant to section
  5 19 714.12:
  5 20    1.  Knowingly tenders a false original or copy of the
  5 21 signed and dated certification form described in section
  5 22 135L.2, to be retained by the licensed physician or to be sent
  5 23 to the pregnant minor's attending physician.
  5 24    2.  Knowingly tenders a false original or copy of the
  5 25 notification document mailed to a parent, or grandparent, or
  5 26 aunt or uncle of the pregnant minor under this chapter, a
  5 27 false original or copy of the written certification to be
  5 28 provided to a parent of a pregnant minor pursuant to section
  5 29 135L.5, or a false original or copy of the order waiving
  5 30 notification relative to the performance of an abortion on a
  5 31 pregnant minor.
  5 32    Sec. 13.  Section 135L.7, Code 1997, is amended to read as
  5 33 follows:
  5 34    135L.7  IMMUNITIES.
  5 35    1.  With the exception of the civil liability which may
  6  1 apply to a grandparent or aunt or uncle of a pregnant minor
  6  2 who accepts notification under this chapter, a person is
  6  3 immune from any liability, civil or criminal, for any act,
  6  4 omission, or decision made in connection with a good faith
  6  5 effort to comply with the provisions of this chapter.
  6  6    2.  This section shall not be construed to limit civil or
  6  7 criminal liability of a person for any act, omission, or
  6  8 decision made in relation to the performance of a medical
  6  9 procedure on a pregnant minor.
  6 10    Sec. 14.  Section 135L.8, Code 1997, is amended to read as
  6 11 follows:
  6 12    135L.8  ADOPTION OF RULES – IMPLEMENTATION AND DOCUMENTS.
  6 13    The Iowa department of public health shall adopt rules to
  6 14 implement the notification procedures pursuant to this chapter
  6 15 including but not limited to rules regarding the documents
  6 16 necessary for notification of a parent, or grandparent, or
  6 17 aunt or uncle of a pregnant minor who is designated to receive
  6 18 notification under this chapter.
  6 19    Sec. 15.  Section 600A.6, subsection 7, Code 1997, is
  6 20 amended by striking the subsection.
  6 21    Sec. 16.  Section 602.8102, Code 1997, is amended by adding
  6 22 the following new subsection:
  6 23    NEW SUBSECTION.  31.  Destroy all records and files of a
  6 24 court proceeding maintained under section 135L.3 in accordance
  6 25 with section 135L.3, subsection 3, paragraph "o".
  6 26    Sec. 17.  Section 135L.5, Code 1997, is repealed.  
  6 27 
  6 28 
  6 29                                                             
  6 30                               RON J. CORBETT
  6 31                               Speaker of the House
  6 32 
  6 33 
  6 34                                                             
  6 35                               MARY E. KRAMER
  7  1                               President of the Senate
  7  2 
  7  3    I hereby certify that this bill originated in the House and
  7  4 is known as House File 121, Seventy-seventh General Assembly.
  7  5 
  7  6 
  7  7                                                             
  7  8                               ELIZABETH ISAACSON
  7  9                               Chief Clerk of the House
  7 10 Approved                , 1997
  7 11 
  7 12 
  7 13                         
  7 14 TERRY E. BRANSTAD
  7 15 Governor
     
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