Text: HF02263 Text: HF02265 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 HOUSE FILE 2264
1 2
1 3 AN ACT
1 4 RELATING TO INFORMED CONSENT TO AN ABORTION AND PROVIDING A
1 5 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 the time the woman initially
2 10 contacts the physician's private office or a facility that
2 11 provides abortions to inquire about or to schedule an
2 12 appointment for an abortion:
2 13 a. Information that medical assistance benefits may be
2 14 available to the woman for prenatal care, childbirth, and
2 15 neonatal care.
2 16 b. Information that the putative father is liable to
2 17 assist in the support of the child and that efforts to collect
2 18 support may result in, but are not guaranteed to result in,
2 19 financial support of the child, even if the putative father
2 20 has offered to pay for the abortion.
2 21 c. Information that the woman has the right to review the
2 22 printed materials described in subsection 3.
2 23 3. a. After being informed of the woman's right to review
2 24 printed materials pursuant to subsection 2, if the woman
2 25 wishes to review the materials, all of the following shall
2 26 apply:
2 27 (1) If the department establishes an internet site, the
2 28 woman shall be informed that the materials are available
2 29 through a state-sponsored internet site and shall be informed
2 30 of the internet site address.
2 31 (2) If the woman initially contacts the physician's
2 32 private office or a facility that provides abortions in
2 33 person, the materials shall be provided to the woman at that
2 34 time.
2 35 (3) If the woman initially contacts the physician's
3 1 private office or a facility that provides abortions by
3 2 telephone and wishes to review the materials, the materials
3 3 shall be mailed to the woman by regular mail or by restricted
3 4 certified mail, as defined in section 618.15, as requested by
3 5 the woman.
3 6 (4) The woman shall be informed that the materials have
3 7 been provided by the state and that they describe the unborn
3 8 child and list agencies that offer alternatives to abortion.
3 9 b. The printed materials shall include all of the
3 10 following:
3 11 (1) Geographically indexed materials designed to inform
3 12 the woman of public and private agencies and services
3 13 available to assist a woman through pregnancy, at the time of
3 14 childbirth, and while the child is dependent, including
3 15 adoption agencies. The materials shall include a
3 16 comprehensive list of the agencies available, categorized by
3 17 the type of services offered, and a description of the manner,
3 18 including telephone numbers, in which the agencies may be
3 19 contacted. The department may also provide a toll-free,
3 20 twenty-four-hour-a-day telephone number which may be called to
3 21 obtain, orally, a list and description of agencies in the
3 22 locality of the caller and of the services offered.
3 23 (2) Materials that encourage consideration of placement
3 24 for adoption. The materials shall inform the woman of the
3 25 benefits of adoption, including the requirements of
3 26 confidentiality in the adoption process, the importance of
3 27 adoption to individuals and society, and the state's interest
3 28 in promoting adoption by preferring childbirth over abortion.
3 29 (3) Materials designed to inform the woman of the probable
3 30 anatomical and physiological characteristics of the unborn
3 31 child at two-week gestational increments from the time that it
3 32 is medically possible to make a determination of pregnancy to
3 33 full term. The materials shall include any relevant
3 34 information regarding the possibility of the survival of the
3 35 unborn child and pictures or drawings representing the
4 1 development of the unborn child at two-week gestational
4 2 increments, provided that any pictures or drawings shall
4 3 contain the dimensions of the unborn child and shall be
4 4 realistic and appropriate for the state of pregnancy depicted.
4 5 The materials shall be objective, nonjudgmental, and designed
4 6 to convey only accurate scientific information about the
4 7 unborn child at various gestational stages. The materials
4 8 shall also contain objective information describing the
4 9 methods of abortion procedures commonly used, the medical
4 10 risks commonly associated with each such procedure, the
4 11 possible detrimental psychological effects of abortion, and
4 12 the medical risks commonly associated with carrying an unborn
4 13 child to term.
4 14 4. A physician shall not perform an abortion on a woman
4 15 unless the physician obtains written certification that the
4 16 information required pursuant to subsection 2 was provided to
4 17 the woman. The physician shall retain a copy of the
4 18 certification and shall provide a copy of the certification to
4 19 the woman.
4 20 5. a. By October 1, 2002, the department shall cause the
4 21 information described in subsection 2 to be published in
4 22 printed format. The information shall be provided in an
4 23 easily comprehensible manner. The information shall be
4 24 published in a typeface large enough to be clearly legible.
4 25 The printed information shall be available from the department
4 26 at no cost, upon request, and in an appropriate number, to any
4 27 person.
4 28 b. The department may establish and maintain an internet
4 29 site to provide the information described in subsection 2.
4 30 The internet site shall provide for confidentiality of
4 31 individuals who access the site and no information identifying
4 32 the individual shall be collected or maintained. The
4 33 department shall monitor the internet site to ensure that the
4 34 site is secure and to prevent and correct any tampering with
4 35 the site.
5 1 Sec. 4. NEW SECTION. 146A.4 PROCEDURE IN CASE OF MEDICAL
5 2 EMERGENCY.
5 3 If a medical emergency necessitates the performance of an
5 4 abortion, the physician shall inform the woman, prior to the
5 5 performance of the abortion, if possible, of the medical
5 6 indications supporting the physician's judgment that the
5 7 immediate performance of an abortion is necessary to avert the
5 8 woman's death or that a delay in the performance of an
5 9 abortion will create a serious risk of substantial and
5 10 irreversible impairment of a major bodily function.
5 11 Sec. 5. NEW SECTION. 146A.5 CRIMINAL PENALTIES.
5 12 1. A person who knowingly or recklessly performs or
5 13 attempts to perform an abortion in violation of this chapter
5 14 is guilty of a simple misdemeanor.
5 15 2. A criminal penalty shall not be assessed under this
5 16 chapter against a woman upon whom an abortion is performed or
5 17 attempted to be performed. A criminal penalty shall not be
5 18 assessed for failure of a woman to comply with the requirement
5 19 of written certification pursuant to section 146A.3, if the
5 20 department has not made the information available at the time
5 21 the physician or the physician's agent is required to inform
5 22 the woman of the woman's right to review the information.
5 23 Sec. 6. NEW SECTION. 146A.6 PROTECTION OF PRIVACY IN
5 24 COURT PROCEEDINGS – PENALTY.
5 25 1. In every criminal proceeding brought pursuant to this
5 26 chapter, the court proceedings shall be conducted in a manner
5 27 which protects the confidentiality of the woman, and all court
5 28 documents pertaining to the proceedings shall remain
5 29 confidential and shall be sealed. The court shall direct the
5 30 exclusion of individuals from courtrooms or hearing rooms to
5 31 the extent necessary to safeguard the woman's identity from
5 32 public disclosure.
5 33 2. This section shall not be construed to conceal the
5 34 identity of witnesses from the defendant.
5 35 3. A person who knowingly violates the confidentiality
6 1 requirements of this section relating to court proceedings and
6 2 documents is guilty of a simple misdemeanor.
6 3 Sec. 7. EFFECTIVE DATE. This Act takes effect October 1,
6 4 2002.
6 5
6 6
6 7
6 8 BRENT SIEGRIST
6 9 Speaker of the House
6 10
6 11
6 12
6 13 MARY E. KRAMER
6 14 President of the Senate
6 15
6 16 I hereby certify that this bill originated in the House and
6 17 is known as House File 2264, Seventy-ninth General Assembly.
6 18
6 19
6 20
6 21 MARGARET THOMSON
6 22 Chief Clerk of the House
6 23 Approved , 2002
6 24
6 25
6 26
6 27 THOMAS J. VILSACK
6 28 Governor
Text: HF02263 Text: HF02265 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 2002 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Thu Jun 20 03:31:07 CDT 2002
URL: /DOCS/GA/79GA/Legislation/HF/02200/HF02264/020327.html
jhf