House Journal: Page 787: Wednesday, March 15, 2000
29 Sec. 4. NEW SECTION. 146A.4 PROCEDURE IN CASE OF
30 MEDICAL EMERGENCY.
31 If a medical emergency necessitates the performance
32 of an abortion, the physician shall inform the
33 patient, prior to the performance of the abortion, if
34 possible, of the medical indications supporting the
35 physician's judgment that the immediate performance of
36 an abortion is necessary to avert the patient's death
37 or that a twenty-four-hour delay in the performance of
38 an abortion will create serious risk of substantial
39 and irreversible impairment of a major bodily
40 function.
41 Sec. 5. NEW SECTION. 146A.5 CRIMINAL PENALTIES.
42 1. a person who knowingly or recklessly performs
43 or attempts to perform an abortion in violation of
44 this chapter is guilty of a serious misdemeanor.
45 2. a penalty shall not be assessed under this
46 chapter against the patient upon whom the abortion is
47 performed or attempted to be performed. a penalty
48 shall not be assessed for failure of a patient to
49 comply with the requirement of written certification
50 pursuant to section 146A.3, if the department has not
Page 4
1 made the information available at the time the
2 physician or the physician's agent is required to
3 inform the patient of the patient's right to review
4 the information.
5 Sec. 6. NEW SECTION. 146A.6 PROTECTION OF
6 PRIVACY IN COURT PROCEEDINGS - PENALTY.
7 1. In every criminal proceeding brought pursuant
8 to this chapter, the court proceedings shall be
9 conducted in a manner which protects the
10 confidentiality of the patient, and all court
11 documents pertaining to the proceedings shall remain
12 confidential and shall be sealed. The court shall
13 direct the exclusion of individuals from courtrooms or
14 hearing rooms to the extent necessary to safeguard the
15 patient's identity from public disclosure.
16 2. This section shall not be construed to conceal
17 the identity of witnesses from the defendant.
18 3. a person who knowingly violates the
19 confidentiality requirements of this section relating
20 to court proceedings and documents is guilty of a
21 serious misdemeanor."
22 2. Title page, line 2, by striking the words
23 "civil remedies and".
Foege of Linn offered the following amendment H-8211, to
amendment H-8162, filed by him and moved its adoption:
© 2000 Cornell College and
League of Women Voters of Iowa
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