Text: HF00340 Text: HF00342 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 341 1 2 1 3 AN ACT 1 4 RELATING TO INFORMED CONSENT TO AN ABORTION AND PROVIDING 1 5 A CRIMINAL PENALTY, AND PROVIDING AN EFFECTIVE DATE. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. NEW SECTION. 146A.1 TITLE. 1 10 This chapter shall be known and may be cited as the 1 11 "Woman's Right to Know Act". 1 12 Sec. 2. NEW SECTION. 146A.2 DEFINITIONS. 1 13 As used in this chapter, unless the context otherwise 1 14 requires: 1 15 1. "Abortion" means abortion as defined in section 146.1. 1 16 2. "Attempt to perform an unlawful abortion" means an act, 1 17 or an omission of an act required by law, that constitutes a 1 18 substantial step in a course of conduct intended to culminate 1 19 in the performance of an abortion in violation of this 1 20 chapter. 1 21 3. "Department" means the Iowa department of public 1 22 health. 1 23 4. "Medical emergency" means any condition which, on the 1 24 basis of a physician's good faith clinical judgment, so 1 25 complicates the medical condition of a pregnant woman as to 1 26 necessitate the immediate performance of an abortion to avert 1 27 the pregnant woman's death, or to necessitate the immediate 1 28 performance of an abortion to avert a serious risk of 1 29 substantial and irreversible impairment of a major bodily 1 30 function if the performance of the abortion is delayed. 1 31 5. "Physician" means a person licensed to practice 1 32 medicine and surgery pursuant to chapter 148 or osteopathic 1 33 medicine and surgery pursuant to chapter 150A. 1 34 Sec. 3. NEW SECTION. 146A.3 VOLUNTARY AND INFORMED 1 35 CONSENT. 2 1 1. An abortion shall not be performed in this state 2 2 without the voluntary and informed consent of the woman upon 2 3 whom the abortion is to be performed. Except in the case of a 2 4 medical emergency, consent to an abortion is voluntary and 2 5 informed only if the requirements of this section are met. 2 6 2. The referring physician, the physician who will perform 2 7 the abortion, or an agent of either physician shall provide 2 8 all of the following information to the woman by telephone, by 2 9 audiotape, or in person, at least twenty-four hours before the 2 10 abortion: 2 11 a. Information that medical assistance benefits may be 2 12 available to the woman for prenatal care, childbirth, and 2 13 neonatal care. 2 14 b. Information that the putative father is liable to 2 15 assist in the support of the child and that efforts to collect 2 16 support may result in, but are not guaranteed to result in, 2 17 financial support of the child, even if the putative father 2 18 has offered to pay for the abortion. 2 19 c. Information that medical assistance benefits may be 2 20 available to the woman for an abortion under certain 2 21 circumstances. 2 22 d. Information that contraceptives are available to the 2 23 woman and that medical assistance benefits may be available to 2 24 the woman for coverage of the costs of contraceptives. 2 25 e. Information that the woman has the right to review the 2 26 printed materials described in subsection 3. 2 27 3. After being informed of the woman's right to review 2 28 printed materials pursuant to subsection 2, if the woman 2 29 wishes to review the materials, the materials shall be 2 30 provided to the woman at least twenty-four hours before the 2 31 abortion is performed or shall be mailed to the woman by 2 32 regular mail or by restricted certified mail, as defined in 2 33 section 618.15, as requested by the woman. The physician or 2 34 the physician's agent shall orally inform the woman that the 2 35 materials have been provided by the state and that they 3 1 describe the unborn child and list agencies that offer 3 2 alternatives to abortion. The printed materials shall include 3 3 all of the following: 3 4 a. Geographically indexed materials designed to inform the 3 5 woman of public and private agencies and services available to 3 6 assist a woman through pregnancy, at the time of childbirth, 3 7 and while the child is dependent, including adoption agencies. 3 8 The materials shall include a comprehensive list of the 3 9 agencies available, categorized by the type of services 3 10 offered, and a description of the manner, including telephone 3 11 numbers, in which the agencies may be contacted. The 3 12 department may also provide a toll-free, twenty-four-hour-a- 3 13 day telephone number which may be called to obtain from a live 3 14 person any relevant information, including but not limited to 3 15 a list and description of agencies in the locality of the 3 16 caller and of the services offered. 3 17 b. Materials that encourage consideration of placement for 3 18 adoption. The materials shall inform the woman of the 3 19 benefits of adoption, including the requirements of 3 20 confidentiality in the adoption process, the importance of 3 21 adoption to individuals and society, and the state's interest 3 22 in promoting adoption by preferring childbirth over abortion. 3 23 c. Materials designed to inform the woman of the probable 3 24 anatomical and physiological characteristics of the unborn 3 25 child at two-week gestational increments from the time that it 3 26 is medically possible to make a determination of pregnancy to 3 27 full term. The materials shall include any relevant 3 28 information regarding the possibility of the survival of the 3 29 unborn child and pictures or drawings representing the 3 30 development of the unborn child at two-week gestational 3 31 increments, provided that any pictures or drawings shall 3 32 contain the dimensions of the unborn child and shall be 3 33 realistic and appropriate for the state of pregnancy depicted. 3 34 The materials shall be objective, nonjudgmental, and designed 3 35 to convey only accurate scientific information about the 4 1 unborn child at various gestational stages. The materials 4 2 shall also contain objective information describing the 4 3 methods of abortion procedures commonly used, the medical 4 4 risks commonly associated with each such procedure, the 4 5 possible detrimental psychological effects of abortion, and 4 6 the medical risks commonly associated with carrying an unborn 4 7 child to term. 4 8 4. The referring physician, the physician who is to 4 9 perform the abortion, or the agent of either physician, who 4 10 provides the information and printed materials pursuant to 4 11 subsections 2 and 3, shall obtain written certification from 4 12 the woman that the information required pursuant to subsection 4 13 2 was provided. The referring physician, the physician who is 4 14 to perform the abortion, or the agent of either physician, who 4 15 obtains the written certification under this subsection shall 4 16 retain a copy of the certification and shall provide a copy of 4 17 the certification to the woman. A physician shall not perform 4 18 an abortion on a woman prior to obtaining the completed 4 19 certification form from the woman. 4 20 5. On or before October 1, 2001, the department shall 4 21 cause the information referred to in subsection 2 to be 4 22 published in printed format. The information shall be 4 23 provided in an easily comprehensible manner. The information 4 24 shall be published in a typeface large enough to be clearly 4 25 legible. The printed information shall be available from the 4 26 department at no cost, upon request, and in an appropriate 4 27 number, to any person. 4 28 Sec. 4. NEW SECTION. 146A.4 PROCEDURE IN CASE OF MEDICAL 4 29 EMERGENCY. 4 30 If a medical emergency necessitates the performance of an 4 31 abortion, the physician shall inform the woman, prior to the 4 32 performance of the abortion, if possible, of the medical 4 33 indications supporting the physician's judgment that the 4 34 immediate performance of an abortion is necessary to avert the 4 35 woman's death or that a twenty-four-hour delay in the 5 1 performance of an abortion will create a serious risk of 5 2 substantial and irreversible impairment of a major bodily 5 3 function. 5 4 Sec. 5. NEW SECTION. 146A.5 CRIMINAL PENALTIES. 5 5 1. A person who knowingly or recklessly performs or 5 6 attempts to perform an abortion in violation of this chapter 5 7 is guilty of a simple misdemeanor. 5 8 2. A criminal penalty shall not be assessed under this 5 9 chapter against a woman upon whom an abortion is performed or 5 10 attempted to be performed. A criminal penalty shall not be 5 11 assessed for failure of a woman to comply with the requirement 5 12 of written certification pursuant to section 146A.3, if the 5 13 department has not made the information available at the time 5 14 the physician or the physician's agent is required to inform 5 15 the woman of the woman's right to review the information. 5 16 Sec. 6. NEW SECTION. 146A.6 PROTECTION OF PRIVACY IN 5 17 COURT PROCEEDINGS PENALTY. 5 18 1. In every criminal proceeding brought pursuant to this 5 19 chapter, the court proceedings shall be conducted in a manner 5 20 which protects the confidentiality of the woman, and all court 5 21 documents pertaining to the proceedings shall remain 5 22 confidential and shall be sealed. The court shall direct the 5 23 exclusion of individuals from courtrooms or hearing rooms to 5 24 the extent necessary to safeguard the woman's identity from 5 25 public disclosure. 5 26 2. This section shall not be construed to conceal the 5 27 identity of witnesses from the defendant. 5 28 3. A person who knowingly violates the confidentiality 5 29 requirements of this section relating to court proceedings and 5 30 documents is guilty of a simple misdemeanor. 5 31 Sec. 7. EFFECTIVE DATE. This Act takes effect October 1, 5 32 2001. 5 33 5 34 5 35 6 1 BRENT SIEGRIST 6 2 Speaker of the House 6 3 6 4 6 5 6 6 MARY E. KRAMER 6 7 President of the Senate 6 8 6 9 I hereby certify that this bill originated in the House and 6 10 is known as House File 341, Seventy-ninth General Assembly. 6 11 6 12 6 13 6 14 MARGARET THOMSON 6 15 Chief Clerk of the House 6 16 Approved , 2001 6 17 6 18 6 19 6 20 THOMAS J. VILSACK 6 21 Governor
Text: HF00340 Text: HF00342 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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