Text: HF02228 Text: HF02230 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2229 1 2 1 3 AN ACT 1 4 RELATING TO INFORMED CONSENT PROVISIONS RELATING TO AN 1 5 ABORTION AND PROVIDING CRIMINAL PENALTIES, AND PROVIDING 1 6 AN EFFECTIVE DATE. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. NEW SECTION. 146A.1 TITLE. 1 11 This chapter shall be known and may be cited as the 1 12 "Woman's Right to Know Act". 1 13 Sec. 2. NEW SECTION. 146A.2 DEFINITIONS. 1 14 As used in this chapter, unless the context otherwise 1 15 requires: 1 16 1. "Abortion" means abortion as defined in section 146.1. 1 17 2. "Attempt to perform an unlawful abortion" means an act, 1 18 or an omission of an act required by law, that constitutes a 1 19 substantial step in a course of conduct intended to culminate 1 20 in the performance of an abortion in violation of this 1 21 chapter. 1 22 3. "Department" means the Iowa department of public 1 23 health. 1 24 4. "Medical emergency" means any condition which, on the 1 25 basis of a physician's good faith clinical judgment, so 1 26 complicates the medical condition of a pregnant woman as to 1 27 necessitate the immediate performance of an abortion to avert 1 28 the pregnant woman's death, or to necessitate the immediate 1 29 performance of an abortion to avert a serious risk of 1 30 substantial and irreversible impairment of a major bodily 1 31 function if the performance of the abortion is delayed. 1 32 5. "Physician" means a person licensed to practice 1 33 medicine and surgery pursuant to chapter 148 or osteopathic 1 34 medicine and surgery pursuant to chapter 150A. 1 35 Sec. 3. NEW SECTION. 146A.3 VOLUNTARY AND INFORMED 2 1 CONSENT. 2 2 1. An abortion shall not be performed in this state 2 3 without the voluntary and informed consent of the woman upon 2 4 whom the abortion is to be performed. Except in the case of a 2 5 medical emergency, consent to an abortion is voluntary and 2 6 informed only if the requirements of this section are met. 2 7 2. The referring physician, the physician who will perform 2 8 the abortion, or an agent of either physician shall provide 2 9 all of the following information to the woman by telephone, by 2 10 audiotape, or in person, at least twenty-four hours before the 2 11 abortion: 2 12 a. Information that medical assistance benefits may be 2 13 available to the woman for prenatal care, childbirth, and 2 14 neonatal care. 2 15 b. Information that the putative father is liable to 2 16 assist in the support of the child and that efforts to collect 2 17 support may result in, but are not guaranteed to result in, 2 18 financial support of the child, even if the putative father 2 19 has offered to pay for the abortion. 2 20 c. Information that the woman has the right to review the 2 21 printed materials described in subsection 3. 2 22 d. Information that the patient may be eligible for 2 23 medical assistance benefits to cover the costs of an abortion 2 24 under certain circumstances. 2 25 3. After being informed of the woman's right to review 2 26 printed materials pursuant to subsection 2, if the woman 2 27 wishes to review the materials, the materials shall be 2 28 provided to the woman at least twenty-four hours before the 2 29 abortion is performed or shall be mailed to the patient by 2 30 regular mail or by restricted certified mail, as defined in 2 31 section 618.15, as requested by the patient. The physician or 2 32 the physician's agent shall orally inform the woman that the 2 33 materials have been provided by the state and that they 2 34 describe the unborn child and list agencies that offer 2 35 alternatives to abortion. The printed materials shall include 3 1 all of the following: 3 2 a. Geographically indexed materials designed to inform the 3 3 woman of public and private agencies and services available to 3 4 assist a woman through pregnancy, at the time of childbirth, 3 5 and while the child is dependent, including adoption agencies. 3 6 The materials shall include a comprehensive list of the 3 7 agencies available, categorized by the type of services 3 8 offered, and a description of the manner, including telephone 3 9 numbers, in which the agencies may be contacted. The 3 10 department may also provide a toll-free, twenty-four-hour-a- 3 11 day telephone number which may be called to obtain, orally, a 3 12 list and description of agencies in the locality of the caller 3 13 and of the services offered. 3 14 b. Materials designed to inform the woman of the probable 3 15 anatomical and physiological characteristics of the unborn 3 16 child at two-week gestational increments from the time that it 3 17 is medically possible to make a determination of pregnancy to 3 18 full term. The materials shall include any relevant 3 19 information regarding the possibility of the survival of the 3 20 unborn child and pictures or drawings representing the 3 21 development of the unborn child at two-week gestational 3 22 increments, provided that any pictures or drawings shall 3 23 contain the dimensions of the unborn child and shall be 3 24 realistic and appropriate for the state of pregnancy depicted. 3 25 The materials shall be objective, nonjudgmental, and designed 3 26 to convey only accurate scientific information about the 3 27 unborn child at various gestational stages. The materials 3 28 shall also contain objective information describing the 3 29 methods of abortion procedures commonly used, the medical 3 30 risks commonly associated with each such procedure, the 3 31 possible detrimental psychological effects of abortion, and 3 32 the medical risks commonly associated with carrying an unborn 3 33 child to term. 3 34 4. The referring physician, the physician who is to 3 35 perform the abortion, or the agent of either physician, who 4 1 provides the information and printed materials pursuant to 4 2 subsections 2 and 3, shall obtain written certification from 4 3 the woman that the information required pursuant to subsection 4 4 2 was provided. The referring physician, the physician who is 4 5 to perform the abortion, or the agent of either physician, who 4 6 obtains the written certification under this subsection shall 4 7 retain a copy of the certification and shall provide a copy of 4 8 the certification to the woman. A physician shall not perform 4 9 an abortion on a woman prior to obtaining the completed 4 10 certification form from the woman. 4 11 5. On or before October 1, 2000, the department shall 4 12 cause the information referred to in subsection 2 to be 4 13 published in printed format. The information shall be 4 14 provided in an easily comprehensible manner. The information 4 15 shall be published in a typeface large enough to be clearly 4 16 legible. The printed information shall be available from the 4 17 department at no cost, upon request, and in an appropriate 4 18 number, to any person. 4 19 Sec. 4. NEW SECTION. 146A.4 PROCEDURE IN CASE OF MEDICAL 4 20 EMERGENCY. 4 21 If a medical emergency necessitates the performance of an 4 22 abortion, the physician shall inform the woman, prior to the 4 23 performance of the abortion, if possible, of the medical 4 24 indications supporting the physician's judgment that the 4 25 immediate performance of an abortion is necessary to avert the 4 26 woman's death or that a twenty-four-hour delay in the 4 27 performance of an abortion will create serious risk of 4 28 substantial and irreversible impairment of a major bodily 4 29 function. 4 30 Sec. 5. NEW SECTION. 146A.5 CRIMINAL PENALTIES. 4 31 1. A person who knowingly or recklessly performs or 4 32 attempts to perform an abortion in violation of this chapter 4 33 is guilty of a simple misdemeanor. 4 34 2. A penalty shall not be assessed under this chapter 4 35 against the woman upon whom the abortion is performed or 5 1 attempted to be performed. A penalty shall not be assessed 5 2 for failure of a woman to comply with the requirement of 5 3 written certification pursuant to section 146A.3, if the 5 4 department has not made the information available at the time 5 5 the physician or the physician's agent is required to inform 5 6 the woman of the woman's right to review the information. 5 7 Sec. 6. NEW SECTION. 146A.6 PROTECTION OF PRIVACY IN 5 8 COURT PROCEEDINGS PENALTY. 5 9 1. In every criminal proceeding brought pursuant to this 5 10 chapter, the court proceedings shall be conducted in a manner 5 11 which protects the confidentiality of the woman, and all court 5 12 documents pertaining to the proceedings shall remain 5 13 confidential and shall be sealed. The court shall direct the 5 14 exclusion of individuals from courtrooms or hearing rooms to 5 15 the extent necessary to safeguard the woman's identity from 5 16 public disclosure. 5 17 2. This section shall not be construed to conceal the 5 18 identity of witnesses from the defendant. 5 19 3. A person who knowingly violates the confidentiality 5 20 requirements of this section relating to court proceedings and 5 21 documents is guilty of a simple misdemeanor. 5 22 Sec. 7. EFFECTIVE DATE. This Act takes effect October 1, 5 23 2000. 5 24 5 25 5 26 5 27 BRENT SIEGRIST 5 28 Speaker of the House 5 29 5 30 5 31 5 32 MARY E. KRAMER 5 33 President of the Senate 5 34 5 35 I hereby certify that this bill originated in the House and 6 1 is known as House File 2229, Seventy-eighth General Assembly. 6 2 6 3 6 4 6 5 ELIZABETH ISAACSON 6 6 Chief Clerk of the House 6 7 Approved , 2000 6 8 6 9 6 10 6 11 THOMAS J. VILSACK 6 12 Governor
Text: HF02228 Text: HF02230 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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