Text: HF02205 Text: HF02207 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 135L.1, subsections 3 and 5, Code 2003, 1 2 are amended by striking the subsections. 1 3 Sec. 2. Section 135L.3, Code 2003, is amended to read as 1 4 follows: 1 5 135L.3NOTIFICATIONCONSENT OF PARENT PRIOR TO THE 1 6 PERFORMANCE OF ABORTION ON A PREGNANT MINOR – REQUIREMENTS – 1 7 CRIMINAL PENALTY. 1 8 1. A licensed physician shall not perform an abortion on a 1 9 pregnant minoruntil at least forty-eight hours' prior1 10notification is provided to a parentunless consent of a 1 11 parent of the pregnant minor is obtained prior to the 1 12 performance of the abortion. 1 132. The licensed physician who will perform the abortion1 14shall provide notification in person or by mailing the1 15notification by restricted certified mail to a parent of the1 16pregnant minor at the usual place of abode of the parent. For1 17the purpose of delivery by restricted certified mail, the time1 18of delivery is deemed to occur at twelve o'clock noon on the1 19next day on which regular mail delivery takes place,1 20subsequent to the mailing.1 213.2. If the pregnant minor objects to thenotification1 22 obtaining of the consent of a parent prior to the performance 1 23 of an abortion on the pregnant minor, the pregnant minor may 1 24 petition the court to authorize waiver of thenotification1 25 consent requirement pursuant to this section in accordance 1 26 with the following procedures: 1 27 a. The court shall ensure that the pregnant minor is 1 28 provided with assistance in preparing and filing the petition 1 29 for waiver ofnotificationconsent and shall ensure that the 1 30 pregnant minor's identity remains confidential. 1 31 b. The pregnant minor may participate in the court 1 32 proceedings on the pregnant minor's own behalf. The court may 1 33 appoint a guardian ad litem for the pregnant minor and the 1 34 court shall appoint a guardian ad litem for the pregnant minor 1 35 if the pregnant minor is not accompanied by a responsible 2 1 adultor if the pregnant minor has not viewed the video as2 2provided pursuant to section 135L.2. In appointing a guardian 2 3 ad litem for the pregnant minor, the court shall consider a 2 4 person licensed to practice psychology pursuant to chapter 2 5 154B, a licensed social worker pursuant to chapter 154C, a 2 6 licensed marital and family therapist pursuant to chapter 2 7 154D, or a licensed mental health counselor pursuant to 2 8 chapter 154D to serve in the capacity of guardian ad litem. 2 9 The court shall advise the pregnant minor of the pregnant 2 10 minor's right to court-appointed legal counsel, and shall, 2 11 upon the pregnant minor's request, provide the pregnant minor 2 12 with court-appointed legal counsel, at no cost to the pregnant 2 13 minor. 2 14 c. The court proceedings shall be conducted in a manner 2 15 which protects the confidentiality of the pregnant minor and 2 16 notwithstanding section 232.147 or any other provision to the 2 17 contrary, all court documents pertaining to the proceedings 2 18 shall remain confidential and shall be sealed. Only the 2 19 pregnant minor, the pregnant minor's guardian ad litem, the 2 20 pregnant minor's legal counsel, and persons whose presence is 2 21 specifically requested by the pregnant minor, by the pregnant 2 22 minor's guardian ad litem, or by the pregnant minor's legal 2 23 counsel may attend the hearing on the petition. 2 24 d. Notwithstanding any law or rule to the contrary, the 2 25 court proceedings under this section shall be given precedence 2 26 over other pending matters to ensure that the court reaches a 2 27 decision expeditiously. 2 28 e. Upon petition and following an appropriate hearing, the 2 29 court shall waive thenotificationconsent requirements if the 2 30 court determines either of the following: 2 31 (1) That the pregnant minor is mature and capable of 2 32 providing informed consent for the performance of an abortion. 2 33 (2) That the pregnant minor is not mature, or does not 2 34 claim to be mature, but thatnotificationobtaining consent is 2 35 not in the best interest of the pregnant minor. 3 1 f. The court shall issue specific factual findings and 3 2 legal conclusions, in writing, to support the decision. 3 3 g. Upon conclusion of the hearing, the court shall 3 4 immediately issue a written order which shall be provided 3 5 immediately to the pregnant minor, the pregnant minor's 3 6 guardian ad litem, the pregnant minor's legal counsel, or to 3 7 any other person designated by the pregnant minor to receive 3 8 the order. 3 9 h. An expedited, confidential appeal shall be available to 3 10 a pregnant minor for whom the court denies a petition for 3 11 waiver ofnotificationconsent. An order granting the 3 12 pregnant minor's application for waiver ofnotification3 13 consent is not subject to appeal. Access to the appellate 3 14 courts for the purpose of an appeal under this section shall 3 15 be provided to a pregnant minor twenty-four hours a day, seven 3 16 days a week. 3 17 i. A pregnant minor who chooses to utilize the waiver of 3 18notificationconsent procedures under this section shall not 3 19 be required to pay a fee at any level of the proceedings. 3 20 Fees charged and court costs taxed in connection with a 3 21 proceeding under this section are waived. 3 22 j. If the court denies the petition for waiver of 3 23notificationconsent and if the decision is not appealed or 3 24 all appeals are exhausted, the court shall advise the pregnant 3 25 minor that, upon the request of the pregnant minor, the court 3 26 will appoint a licensed marital and family therapist to assist 3 27 the pregnant minor in addressing any intrafamilial problems. 3 28 All costs of services provided by a court-appointed licensed 3 29 marital and family therapist shall be paid by the court 3 30 through the expenditure of funds appropriated to the judicial 3 31 branch. 3 32 k. Venue for proceedings under this section is in any 3 33 court in the state. 3 34 l. The supreme court shall prescribe rules to ensure that 3 35 the proceedings under this section are performed in an 4 1 expeditious and confidential manner. The rules shall require 4 2 that the hearing on the petition shall be held and the court 4 3 shall rule on the petition within forty-eight hours of the 4 4 filing of the petition. If the court fails to hold the 4 5 hearing and rule on the petition within forty-eight hours of 4 6 the filing of the petition and an extension is not requested, 4 7 the petition is deemed granted and waiver of thenotification4 8 consent requirements is deemed authorized. The court shall 4 9 immediately provide documentation to the pregnant minor and to 4 10 the pregnant minor's legal counsel if the pregnant minor is 4 11 represented by legal counsel, demonstrating that the petition 4 12 is deemed granted and that waiver of thenotificationconsent 4 13 requirements is deemed authorized. Resolution of a petition 4 14 for authorization of waiver of thenotificationconsent 4 15 requirement shall be completed within ten calendar days as 4 16 calculated from the day after the filing of the petition to 4 17 the day of issuance of any final decision on appeal. 4 18 m. The requirements of this section regardingnotification4 19 the obtaining of consent of a parent of a pregnant minor prior 4 20 to the performance of an abortion on a pregnant minor do not 4 21 apply if any of the following applies: 4 22 (1) The abortion is authorized in writing by a parent 4 23entitled to notificationfrom whom consent would otherwise be 4 24 required. 4 25(2) (a) The pregnant minor declares, in a written4 26statement submitted to the attending physician, a reason for4 27not notifying a parent and a reason for notifying a4 28grandparent of the pregnant minor in lieu of the notification4 29of a parent. Upon receipt of the written statement from the4 30pregnant minor, the attending physician shall provide4 31notification to a grandparent of the pregnant minor, specified4 32by the pregnant minor, in the manner in which notification is4 33provided to a parent.4 34(b) The notification form shall be in duplicate and shall4 35include both of the following:5 1(i) A declaration which informs the grandparent of the5 2pregnant minor that the grandparent of the pregnant minor may5 3be subject to civil action if the grandparent accepts5 4notification.5 5(ii) A provision that the grandparent of the pregnant5 6minor may refuse acceptance of notification.5 7(3)(2) The pregnant minor's attending physician 5 8 certifies in writing that a medical emergency exists which 5 9 necessitates the immediate performance of an abortion, and 5 10 places the written certification in the medical file of the 5 11 pregnant minor. 5 12(4)(3) The pregnant minor declares that the pregnant 5 13 minor is a victim of child abuse pursuant to section 232.68, 5 14 the person responsible for the care of the child is a parent 5 15 of the child, and either the abuse has been reported pursuant 5 16 to the procedures prescribed in chapter 232, division III, 5 17 part 2, or a parent of the child is named in a report of 5 18 founded child abuse. The department of human services shall 5 19 maintain confidentiality under chapter 232 and shall not 5 20 release any information in response to a request for public 5 21 records, discovery procedures, subpoena, or any other means, 5 22 unless the release of information is expressly authorized by 5 23 the pregnant minor regarding the pregnant minor's pregnancy 5 24 and abortion, if the abortion is obtained. A person who 5 25 knowingly violates the confidentiality provisions of this 5 26 subparagraph is guilty of a serious misdemeanor. 5 27(5)(4) The pregnant minor declares that the pregnant 5 28 minor is a victim of sexual abuse as defined in chapter 709 5 29 and has reported the sexual abuse to law enforcement. 5 30 n. A licensed physician who knowingly performs an abortion 5 31 in violation of this section is guilty of a serious 5 32 misdemeanor. 5 33 o. All records and files of a court proceeding maintained 5 34 under this section shall be destroyed by the clerk of court 5 35 when one year has elapsed from any of the following, as 6 1 applicable: 6 2 (1) The date that the court issues an order waiving the 6 3notificationconsent requirements. 6 4 (2) The date after which the court denies the petition for 6 5 waiver ofnotificationconsent and the decision is not 6 6 appealed. 6 7 (3) The date after which the court denies the petition for 6 8 waiver ofnotificationconsent, the decision is appealed, and 6 9 all appeals are exhausted. 6 10 p. A person who knowingly violates the confidentiality 6 11 requirements of this section relating to court proceedings and 6 12 documents is guilty of a serious misdemeanor. 6 13 Sec. 3. Section 135L.6, Code 2003, is amended to read as 6 14 follows: 6 15 135L.6 FRAUDULENT PRACTICE. 6 16A person who does any of the following is guilty of a6 17fraudulent practice in the fourth degree pursuant to section6 18714.12:6 191. Knowingly tenders a false original or copy of the6 20signed and dated certification form described in section6 21135L.2, to be retained by the licensed physician.6 222. KnowinglyA person who knowingly tenders a false 6 23 original or copy of thenotificationconsent documentmailed6 24to a parent or grandparent of the pregnant minorunder this 6 25 chapter, or a false original or copy of the order waiving 6 26notificationconsent relative to the performance of an 6 27 abortion on a pregnant minor is guilty of a fraudulent 6 28 practice in the fourth degree pursuant to section 714.12. 6 29 Sec. 4. Section 135L.7, subsection 1, Code 2003, is 6 30 amended to read as follows: 6 31 1.With the exception of the civil liability which may6 32apply to a grandparent of a pregnant minor who accepts6 33notification under this chapter, aA person is immune from any 6 34 liability, civil or criminal, for any act, omission, or 6 35 decision made in connection with a good faith effort to comply 7 1 with the provisions of this chapter. 7 2 Sec. 5. Section 135L.8, Code 2003, is amended to read as 7 3 follows: 7 4 135L.8 ADOPTION OF RULES – IMPLEMENTATION AND DOCUMENTS. 7 5 The Iowa department of public health shall adopt rules to 7 6 implement thenotificationconsent procedures pursuant to this 7 7 chapter including but not limited to rules regarding the 7 8 documents necessary fornotificationobtaining consent of a 7 9 parentor grandparentof a pregnant minor who is designated to 7 10receive notificationprovide consent under this chapter. 7 11 Sec. 6. Section 232.5, Code 2003, is amended to read as 7 12 follows: 7 13 232.5 ABORTION PERFORMED ON A MINOR – WAIVER OF 7 14NOTIFICATIONCONSENT PROCEEDINGS. 7 15 The court shall have exclusive jurisdiction over the 7 16 proceedings for the granting of an order for waiver of the 7 17notificationconsent requirements relating to the performance 7 18 of an abortion on a minor pursuant to section 135L.3. 7 19 Sec. 7. Section 135L.2, Code 2003, is repealed. 7 20 EXPLANATION 7 21 This bill amends Code chapter 135L to require consent of a 7 22 parent prior to the performance of an abortion on a minor. 7 23 Current law requires notification of a parent at least 48 7 24 hours prior to the performance of an abortion on a minor. The 7 25 bill provides that if a minor objects to the obtaining of 7 26 consent of a parent, the minor may petition the court to waive 7 27 the required obtaining of consent. The requirement of 7 28 obtaining consent does not apply if: the abortion is 7 29 authorized in writing by a parent from whom consent would 7 30 otherwise be required; the pregnant minor's physician provides 7 31 written certification that a medical emergency exists which 7 32 necessitates the immediate performance of an abortion; the 7 33 pregnant minor declares that she is a victim of child abuse; 7 34 or the pregnant minor declares that she is a victim of sexual 7 35 abuse. 8 1 The bill provides that a person who knowingly tenders a 8 2 false original or copy of the consent document or a false 8 3 original or copy of the order waiving the consent requirement 8 4 is guilty of a fraudulent practice in the fourth degree which 8 5 is a serious misdemeanor which carries a penalty of a fine of 8 6 at least $250 but not to exceed $1,500 and may in addition 8 7 include imprisonment not to exceed one year. 8 8 The bill also provides immunity from liability for a person 8 9 acting in good faith compliance with the Code chapter. 8 10 LSB 6114YH 80 8 11 pf/gg/14
Text: HF02205 Text: HF02207 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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