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1 1 Section 1. NEW SECTION. 146A.1 TITLE.
1 2 This chapter shall be known and may be cited as the
1 3 "Woman's Right to Know Act".
1 4 Sec. 2. NEW SECTION. 146A.2 DEFINITIONS.
1 5 As used in this chapter, unless the context otherwise
1 6 requires:
1 7 1. "Abortion" means abortion as defined in section 146.1.
1 8 2. "Attempt to perform an unlawful abortion" means an act,
1 9 or an omission of an act required by law, that constitutes a
1 10 substantial step in a course of conduct intended to culminate
1 11 in the performance of an abortion in violation of this
1 12 chapter.
1 13 3. "Department" means the Iowa department of public
1 14 health.
1 15 4. "Medical emergency" means any condition which, on the
1 16 basis of a physician's good faith clinical judgment, so
1 17 complicates the medical condition of a pregnant woman as to
1 18 necessitate the immediate performance of an abortion to avert
1 19 the pregnant woman's death, or to necessitate the immediate
1 20 performance of an abortion to avert a serious risk of
1 21 substantial and irreversible impairment of a major bodily
1 22 function if the performance of the abortion is delayed.
1 23 5. "Physician" means a person licensed to practice
1 24 medicine and surgery pursuant to chapter 148 or osteopathic
1 25 medicine and surgery pursuant to chapter 150A.
1 26 Sec. 3. NEW SECTION. 146A.3 VOLUNTARY AND INFORMED
1 27 CONSENT.
1 28 1. An abortion shall not be performed in this state
1 29 without the voluntary and informed consent of the woman upon
1 30 whom the abortion is to be performed. Except in the case of a
1 31 medical emergency, consent to an abortion is voluntary and
1 32 informed only if the requirements of this section are met.
1 33 2. The referring physician, the physician who will perform
1 34 the abortion, or an agent of either physician shall provide
1 35 all of the following information to the woman by telephone, by
2 1 audiotape, or in person, at the time the woman initially
2 2 contacts the physician's private office or facility to
2 3 schedule an appointment for an abortion:
2 4 a. Information that medical assistance benefits may be
2 5 available to the woman for prenatal care, childbirth, and
2 6 neonatal care.
2 7 b. Information that the putative father is liable to
2 8 assist in the support of the child and that efforts to collect
2 9 support may result in, but are not guaranteed to result in,
2 10 financial support of the child, even if the putative father
2 11 has offered to pay for the abortion.
2 12 c. Information that the woman has the right to review the
2 13 printed materials described in subsection 3.
2 14 3. a. After being informed of the woman's right to review
2 15 printed materials pursuant to subsection 2, if the woman
2 16 wishes to review the materials, all of the following shall
2 17 apply:
2 18 (1) If the department establishes an internet site, the
2 19 woman shall be informed that the materials are available
2 20 through a state-sponsored internet site and shall be informed
2 21 of the internet site address.
2 22 (2) If the woman initially contacts the physician's
2 23 private office or facility in person, the materials shall be
2 24 provided to the woman at that time.
2 25 (3) If the woman initially contacts the physician's
2 26 private office or facility by telephone and wishes to review
2 27 the materials, the materials shall be mailed to the woman by
2 28 regular mail or by restricted certified mail, as defined in
2 29 section 618.15, as requested by the woman.
2 30 (4) The woman shall be informed that the materials have
2 31 been provided by the state and that they describe the unborn
2 32 child and list agencies that offer alternatives to abortion.
2 33 b. The printed materials shall include all of the
2 34 following:
2 35 (1) Geographically indexed materials designed to inform
3 1 the woman of public and private agencies and services
3 2 available to assist a woman through pregnancy, at the time of
3 3 childbirth, and while the child is dependent, including
3 4 adoption agencies. The materials shall include a
3 5 comprehensive list of the agencies available, categorized by
3 6 the type of services offered, and a description of the manner,
3 7 including telephone numbers, in which the agencies may be
3 8 contacted. The department may also provide a toll-free,
3 9 twenty-four-hour-a-day telephone number which may be called to
3 10 obtain, orally, a list and description of agencies in the
3 11 locality of the caller and of the services offered.
3 12 (2) Materials that encourage consideration of placement
3 13 for adoption. The materials shall inform the woman of the
3 14 benefits of adoption, including the requirements of
3 15 confidentiality in the adoption process, the importance of
3 16 adoption to individuals and society, and the state's interest
3 17 in promoting adoption by preferring childbirth over abortion.
3 18 (3) Materials designed to inform the woman of the probable
3 19 anatomical and physiological characteristics of the unborn
3 20 child at two-week gestational increments from the time that it
3 21 is medically possible to make a determination of pregnancy to
3 22 full term. The materials shall include any relevant
3 23 information regarding the possibility of the survival of the
3 24 unborn child and pictures or drawings representing the
3 25 development of the unborn child at two-week gestational
3 26 increments, provided that any pictures or drawings shall
3 27 contain the dimensions of the unborn child and shall be
3 28 realistic and appropriate for the state of pregnancy depicted.
3 29 The materials shall be objective, nonjudgmental, and designed
3 30 to convey only accurate scientific information about the
3 31 unborn child at various gestational stages. The materials
3 32 shall also contain objective information describing the
3 33 methods of abortion procedures commonly used, the medical
3 34 risks commonly associated with each such procedure, the
3 35 possible detrimental psychological effects of abortion, and
4 1 the medical risks commonly associated with carrying an unborn
4 2 child to term.
4 3 4. A physician shall not perform an abortion on a woman
4 4 unless the physician obtains written certification that the
4 5 information required pursuant to subsection 2 was provided to
4 6 the woman. The physician shall retain a copy of the
4 7 certification and shall provide a copy of the certification to
4 8 the woman.
4 9 5. a. By October 1, 2002, the department shall cause the
4 10 information described in subsection 2 to be published in
4 11 printed format. The information shall be provided in an
4 12 easily comprehensible manner. The information shall be
4 13 published in a typeface large enough to be clearly legible.
4 14 The printed information shall be available from the department
4 15 at no cost, upon request, and in an appropriate number, to any
4 16 person.
4 17 b. The department may establish and maintain an internet
4 18 site to provide the information described in subsection 2.
4 19 The internet site shall provide for confidentiality of
4 20 individuals who access the site and no information identifying
4 21 the individual shall be collected or maintained. The
4 22 department shall monitor the internet site to ensure that the
4 23 site is secure and to prevent and correct any tampering with
4 24 the site.
4 25 Sec. 4. NEW SECTION. 146A.4 PROCEDURE IN CASE OF MEDICAL
4 26 EMERGENCY.
4 27 If a medical emergency necessitates the performance of an
4 28 abortion, the physician shall inform the woman, prior to the
4 29 performance of the abortion, if possible, of the medical
4 30 indications supporting the physician's judgment that the
4 31 immediate performance of an abortion is necessary to avert the
4 32 woman's death or that a delay in the performance of an
4 33 abortion will create a serious risk of substantial and
4 34 irreversible impairment of a major bodily function.
4 35 Sec. 5. NEW SECTION. 146A.5 CRIMINAL PENALTIES.
5 1 1. A person who knowingly or recklessly performs or
5 2 attempts to perform an abortion in violation of this chapter
5 3 is guilty of a simple misdemeanor.
5 4 2. A criminal penalty shall not be assessed under this
5 5 chapter against a woman upon whom an abortion is performed or
5 6 attempted to be performed. A criminal penalty shall not be
5 7 assessed for failure of a woman to comply with the requirement
5 8 of written certification pursuant to section 146A.3, if the
5 9 department has not made the information available at the time
5 10 the physician or the physician's agent is required to inform
5 11 the woman of the woman's right to review the information.
5 12 Sec. 6. NEW SECTION. 146A.6 PROTECTION OF PRIVACY IN
5 13 COURT PROCEEDINGS – PENALTY.
5 14 1. In every criminal proceeding brought pursuant to this
5 15 chapter, the court proceedings shall be conducted in a manner
5 16 which protects the confidentiality of the woman, and all court
5 17 documents pertaining to the proceedings shall remain
5 18 confidential and shall be sealed. The court shall direct the
5 19 exclusion of individuals from courtrooms or hearing rooms to
5 20 the extent necessary to safeguard the woman's identity from
5 21 public disclosure.
5 22 2. This section shall not be construed to conceal the
5 23 identity of witnesses from the defendant.
5 24 3. A person who knowingly violates the confidentiality
5 25 requirements of this section relating to court proceedings and
5 26 documents is guilty of a simple misdemeanor.
5 27 Sec. 7. EFFECTIVE DATE. This Act takes effect October 1,
5 28 2002.
5 29 EXPLANATION
5 30 This bill establishes a new Code chapter 146A, relating to
5 31 informed consent prior to an abortion.
5 32 Code section 146A.1 provides that the chapter shall be
5 33 known and may be cited as the "Woman's Right to Know Act".
5 34 Code section 146A.2 provides definitions necessary to the
5 35 chapter.
6 1 Code section 146A.3 specifies the required informed consent
6 2 provisions, including provision of certain information to a
6 3 woman by the physician or an agent of the physician, required
6 4 certification by the woman of provision to the woman of the
6 5 required information, and receipt of the certification by the
6 6 physician prior to the performance of an abortion. The bill
6 7 requires the Iowa department of public health to publish
6 8 information relating to options for managing a pregnancy by
6 9 October 1, 2002. The bill provides that the department may
6 10 establish and maintain an internet site to provide the
6 11 information.
6 12 Code section 146A.4 provides for alternatives to providing
6 13 informed consent as required by the chapter in the case of a
6 14 medical emergency.
6 15 Code section 146A.5 provides criminal penalties. The bill
6 16 establishes a criminal penalty of a simple misdemeanor for a
6 17 person who knowingly or recklessly performs or attempts to
6 18 perform an abortion in violation of the chapter. The bill
6 19 prohibits the assessment of a criminal penalty against a woman
6 20 upon whom an abortion is performed or attempted to be
6 21 performed. The bill also prohibits the assessment of a
6 22 criminal penalty against a woman for failure to comply with
6 23 certification requirements if the department has not made the
6 24 printed materials available as required.
6 25 Code section 146A.6 provides for protection of privacy of
6 26 court proceedings relating to an action under the chapter.
6 27 The bill takes effect October 1, 2002.
6 28 LSB 5423SC 79
6 29 pf/cls/14.1
Text: SSB03108 Text: SSB03110 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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