Text: H08161 Text: H08163 Text: H08100 - H08199 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 2229 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "Section 1. NEW SECTION. 146A.1 TITLE. 1 5 This chapter shall be known and may be cited as the 1 6 "Woman's Right to Know Act". 1 7 Sec. 2. NEW SECTION. 146A.2 DEFINITIONS. 1 8 As used in this chapter, unless the context 1 9 otherwise requires: 1 10 1. "Abortion" means abortion as defined in section 1 11 146.1. 1 12 2. "Attempt to perform an unlawful abortion" means 1 13 an act, or an omission of an act required by law, that 1 14 constitutes a substantial step in a course of conduct 1 15 intended to culminate in the performance of an 1 16 abortion in violation of this chapter. 1 17 3. "Department" means the Iowa department of 1 18 public health. 1 19 4. "Medical emergency" means any condition which, 1 20 on the basis of a physician's good faith clinical 1 21 judgment, so complicates the medical condition of a 1 22 pregnant woman as to necessitate the immediate 1 23 performance of an abortion to avert the pregnant 1 24 woman's death, or to necessitate the immediate 1 25 performance of an abortion to avert a serious risk of 1 26 substantial and irreversible impairment of a major 1 27 bodily function if the performance of the abortion is 1 28 delayed. 1 29 5. "Physician" means a person licensed to practice 1 30 medicine and surgery pursuant to chapter 148 or 1 31 osteopathic medicine and surgery pursuant to chapter 1 32 150A. 1 33 Sec. 3. NEW SECTION. 146A.3 VOLUNTARY AND 1 34 INFORMED CONSENT. 1 35 1. An abortion shall not be performed in this 1 36 state without the voluntary and informed consent of 1 37 the patient upon whom the abortion is to be performed. 1 38 Except in the case of a medical emergency, consent to 1 39 an abortion is voluntary and informed only if the 1 40 requirements of this section are met. 1 41 2. The referring physician, the physician who will 1 42 perform the abortion, or an agent of either physician 1 43 shall provide all of the following information to the 1 44 patient by telephone, by audiotape, or in person, at 1 45 least twenty-four hours before the abortion: 1 46 a. Information that medical assistance benefits 1 47 may be available to the patient for prenatal care, 1 48 childbirth, and neonatal care. 1 49 b. Information that the putative father is liable 1 50 to assist in the support of the child, even if the 2 1 putative father has offered to pay for the abortion. 2 2 c. Information that the patient has the right to 2 3 review the printed materials described in subsection 2 4 3. 2 5 3. After being informed of the patient's right to 2 6 review printed materials pursuant to subsection 2, if 2 7 the patient wishes to review the materials, the 2 8 materials shall be provided to the patient at least 2 9 twenty-four hours before the abortion is performed. 2 10 The physician or the physician's agent shall orally 2 11 inform the patient that the materials have been 2 12 provided by the state and that they describe the 2 13 unborn child and list agencies that offer alternatives 2 14 to abortion. The printed materials shall include all 2 15 of the following: 2 16 a. Geographically indexed materials designed to 2 17 inform the patient of public and private agencies and 2 18 services available to assist a patient through 2 19 pregnancy, at the time of childbirth, and while the 2 20 child is dependent, including adoption agencies. The 2 21 materials shall include a comprehensive list of the 2 22 agencies available, a description of the services 2 23 offered, and a description of the manner, including 2 24 telephone numbers, in which the agencies may be 2 25 contacted. The department may also provide a toll- 2 26 free, twenty-four-hour-a-day telephone number which 2 27 may be called to obtain, orally, a list and 2 28 description of agencies in the locality of the caller 2 29 and of the services offered. 2 30 b. Materials designed to inform the patient of the 2 31 probable anatomical and physiological characteristics 2 32 of the unborn child at two-week gestational increments 2 33 from the time that it is medically possible to make a 2 34 determination of pregnancy to full term. The 2 35 materials shall include any relevant information 2 36 regarding the possibility of the survival of the 2 37 unborn child and pictures or drawings representing the 2 38 development of the unborn child at two-week 2 39 gestational increments, provided that any pictures or 2 40 drawings shall contain the dimensions of the unborn 2 41 child and shall be realistic and appropriate for the 2 42 state of pregnancy depicted. The materials shall be 2 43 objective, nonjudgmental, and designed to convey only 2 44 accurate scientific information about the unborn child 2 45 at various gestational stages. The materials shall 2 46 also contain objective information describing the 2 47 methods of abortion procedures commonly used, the 2 48 medical risks commonly associated with each such 2 49 procedure, the possible detrimental psychological 2 50 effects of abortion, and the medical risks commonly 3 1 associated with carrying an unborn child to term. 3 2 4. The referring physician, the physician who is 3 3 to perform the abortion, or the agent of either 3 4 physician, who provides the information and printed 3 5 materials pursuant to subsections 2 and 3, shall 3 6 obtain written certification from the patient that the 3 7 information required pursuant to subsection 2 was 3 8 provided, and that, if the patient wished to review 3 9 the printed materials described in subsection 3, the 3 10 printed materials were provided. The referring 3 11 physician, the physician who is to perform the 3 12 abortion, or the agent of either physician, who 3 13 obtains the written certification under this 3 14 subsection shall retain a copy of the certification 3 15 and shall provide a copy of the certification to the 3 16 patient. A physician shall not perform an abortion on 3 17 a patient prior to obtaining the completed 3 18 certification form from the patient. 3 19 5. On or before October 1, 2000, the department 3 20 shall cause the information referred to in subsections 3 21 2 and 3 to be published or accessible, as required and 3 22 as applicable, in printed and audiotaped formats. The 3 23 information shall be provided in an easily 3 24 comprehensible manner. The printed information shall 3 25 be published in a typeface large enough to be clearly 3 26 legible. The printed and audiotaped information shall 3 27 be available from the department at no cost, upon 3 28 request, and in an appropriate number, to any person. 3 29 Sec. 4. NEW SECTION. 146A.4 PROCEDURE IN CASE OF 3 30 MEDICAL EMERGENCY. 3 31 If a medical emergency necessitates the performance 3 32 of an abortion, the physician shall inform the 3 33 patient, prior to the performance of the abortion, if 3 34 possible, of the medical indications supporting the 3 35 physician's judgment that the immediate performance of 3 36 an abortion is necessary to avert the patient's death 3 37 or that a twenty-four-hour delay in the performance of 3 38 an abortion will create serious risk of substantial 3 39 and irreversible impairment of a major bodily 3 40 function. 3 41 Sec. 5. NEW SECTION. 146A.5 CRIMINAL PENALTIES. 3 42 1. A person who knowingly or recklessly performs 3 43 or attempts to perform an abortion in violation of 3 44 this chapter is guilty of a serious misdemeanor. 3 45 2. A penalty shall not be assessed under this 3 46 chapter against the patient upon whom the abortion is 3 47 performed or attempted to be performed. A penalty 3 48 shall not be assessed for failure of a patient to 3 49 comply with the requirement of written certification 3 50 pursuant to section 146A.3, if the department has not 4 1 made the information available at the time the 4 2 physician or the physician's agent is required to 4 3 inform the patient of the patient's right to review 4 4 the information. 4 5 Sec. 6. NEW SECTION. 146A.6 PROTECTION OF 4 6 PRIVACY IN COURT PROCEEDINGS PENALTY. 4 7 1. In every criminal proceeding brought pursuant 4 8 to this chapter, the court proceedings shall be 4 9 conducted in a manner which protects the 4 10 confidentiality of the patient, and all court 4 11 documents pertaining to the proceedings shall remain 4 12 confidential and shall be sealed. The court shall 4 13 direct the exclusion of individuals from courtrooms or 4 14 hearing rooms to the extent necessary to safeguard the 4 15 patient's identity from public disclosure. 4 16 2. This section shall not be construed to conceal 4 17 the identity of witnesses from the defendant. 4 18 3. A person who knowingly violates the 4 19 confidentiality requirements of this section relating 4 20 to court proceedings and documents is guilty of a 4 21 serious misdemeanor." 4 22 #2. Title page, line 2, by striking the words 4 23 "civil remedies and". 4 24 4 25 4 26 4 27 MERTZ of Kossuth 4 28 4 29 4 30 4 31 BODDICKER of Cedar 4 32 HF 2229.802 78 4 33 pf/cf
Text: H08161 Text: H08163 Text: H08100 - H08199 Text: H Index Bills and Amendments: General Index Bill History: General Index
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