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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 "Women'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. "Director" means the director of public health.
1 16 5. "Medical emergency" means any condition which, on the
1 17 basis of a physician's good faith clinical judgment, so
1 18 complicates the medical condition of a pregnant woman as to
1 19 necessitate the immediate performance of an abortion to avert
1 20 the pregnant woman's death, or as to necessitate the immediate
1 21 performance of an abortion which if delayed would create a
1 22 serious risk of substantial and irreversible impairment of a
1 23 major bodily function.
1 24 6. "Physician" means a person licensed to practice
1 25 medicine and surgery pursuant to chapter 148 or osteopathic
1 26 medicine and surgery pursuant to chapter 150A.
1 27 7. "Probable gestational age of the unborn child" means
1 28 what will, in the good faith clinical judgment of the
1 29 physician, with reasonable probability be the gestational age
1 30 of the unborn child at the time the abortion is planned to be
1 31 performed.
1 32 8. "Stable internet website" or "website" means a website
1 33 that, to the extent reasonably practicable, is safeguarded
1 34 from having its content altered other than as authorized by
1 35 the director of public health pursuant to this chapter.
2 1 9. "Unborn child" means a member of the species homo
2 2 sapiens from fertilization until birth.
2 3 Sec. 3. NEW SECTION. 146A.3 VOLUNTARY AND INFORMED
2 4 CONSENT.
2 5 1. An abortion shall not be performed in this state
2 6 without the voluntary and informed consent of the woman upon
2 7 whom the abortion is to be performed. Except in the case of a
2 8 medical emergency, consent to an abortion is voluntary and
2 9 informed only if all of the following requirements are met:
2 10 a. The referring physician or the physician who will
2 11 perform the abortion provides all of the following information
2 12 to the woman by telephone or in person, at least twenty-four
2 13 hours before the abortion:
2 14 (1) Information regarding the particular risks associated
2 15 with the particular abortion procedure to be employed
2 16 including, when medically accurate, the risks of infection,
2 17 hemorrhage, breast cancer, danger to subsequent pregnancies,
2 18 and infertility.
2 19 (2) Information regarding the probable gestational age of
2 20 the unborn child at the time the abortion is to be performed.
2 21 (3) Information regarding the medical risks associated
2 22 with carrying the unborn child to term.
2 23 The information required to be provided pursuant to this
2 24 lettered paragraph "a" may be provided by telephone without
2 25 conducting a physical examination or tests of the pregnant
2 26 woman, in which case the information provided shall be based
2 27 on facts supplied to the physician by the pregnant woman and
2 28 any other relevant information reasonably available to the
2 29 physician. The information required to be provided pursuant
2 30 to this lettered paragraph "a" shall not be provided by
2 31 audiotape, but shall be provided during a consultation in
2 32 which the physician is able to ask questions of the pregnant
2 33 woman and the pregnant woman is able to ask questions of the
2 34 physician.
2 35 If a physical examination, tests, or the availability of
3 1 other information to the physician subsequently indicate, in
3 2 the physician's good faith clinical judgment, that a revision
3 3 of the information previously provided to the pregnant woman
3 4 is necessary, the revised information shall be communicated to
3 5 the pregnant woman at any time prior to the performance of the
3 6 abortion.
3 7 b. The referring physician, the physician who will perform
3 8 the abortion, or the agent of either physician provides all of
3 9 the following information to the woman by telephone or in
3 10 person, at least twenty-four hours before the abortion:
3 11 (1) Information that medical assistance benefits may be
3 12 available for prenatal care, childbirth, and neonatal care.
3 13 (2) Information that the putative father is liable to
3 14 assist in the support of the child even if the putative father
3 15 has offered to pay for the abortion.
3 16 (3) Information that the pregnant woman has the right to
3 17 review the printed materials described in subsection 2, that
3 18 the materials are available on a state-sponsored stable
3 19 internet website, and the address of the website.
3 20 (a) The physician or physician's agent shall orally inform
3 21 the pregnant woman that the materials have been provided by
3 22 the state and that the materials describe the unborn child,
3 23 list agencies that offer alternatives to abortion, and contain
3 24 information on fetal pain.
3 25 (b) If the pregnant woman wishes to review the materials
3 26 other than on the website, the materials shall either be
3 27 provided to the pregnant woman, based on the request of the
3 28 pregnant woman, either personally at least twenty-four hours
3 29 prior to the abortion or by mail at least seventy-two hours
3 30 prior to the abortion by restricted certified mail, as defined
3 31 in section 618.15, whichever method is requested by the
3 32 pregnant woman.
3 33 The information required to be provided under this lettered
3 34 paragraph "b" may be provided by an audiotape if provision is
3 35 made to record or otherwise register whether the pregnant
4 1 woman wishes to have the materials given or mailed to the
4 2 pregnant woman.
4 3 c. The pregnant woman certifies in writing, prior to the
4 4 abortion, that the information described in paragraphs "a" and
4 5 "b" has been provided to the pregnant woman and that the
4 6 pregnant woman has been informed of the pregnant woman's right
4 7 to review the information referred to in paragraph "b",
4 8 subparagraph (3).
4 9 d. The referring physician, the physician who is to
4 10 perform the abortion, or the agent of either physician, who
4 11 provides the information and printed materials pursuant to
4 12 paragraphs "a" and "b", obtains the written certification from
4 13 the woman that the information was provided. The referring
4 14 physician, the physician who is to perform the abortion, or
4 15 the agent of either physician, who obtains the written
4 16 certification under this paragraph "d" shall retain a copy of
4 17 the certification and shall provide a copy of the
4 18 certification to the woman.
4 19 2. No later than October 1, 2004, the department shall
4 20 cause to be published in English and in each language that is
4 21 the primary language of at least two percent of the state's
4 22 population, and shall cause to be published on the stable
4 23 internet website all of the following materials in such a
4 24 manner as to ensure that the information is easily
4 25 comprehensible:
4 26 a. Geographically indexed materials designed to inform
4 27 pregnant women of public and private agencies and services
4 28 available to assist a woman through pregnancy, at the time of
4 29 childbirth, and while the child is dependent, including
4 30 adoption agencies. The materials shall include a
4 31 comprehensive list of the agencies available, categorized by
4 32 the type of services offered, and a description of the manner,
4 33 including telephone numbers, in which the agencies may be
4 34 contacted. The department may also provide a toll-free,
4 35 twenty-four-hour-a-day telephone number which may be called to
5 1 obtain from a live person any relevant information, including
5 2 but not limited to a list and description of agencies in the
5 3 locality of the caller and of the services offered.
5 4 b. Materials designed to inform pregnant women of the
5 5 probable anatomical and physiological characteristics of the
5 6 unborn child at two-week gestational increments from the time
5 7 that it is medically possible to make a determination of
5 8 pregnancy to full term. The materials shall include any
5 9 relevant information regarding the possibility of the survival
5 10 of the unborn child and pictures or drawings representing the
5 11 development of the unborn child at two-week gestational
5 12 increments, provided that any pictures or drawings shall
5 13 contain the dimensions of the unborn child and shall be
5 14 realistic and appropriate for the state of pregnancy depicted.
5 15 The materials shall be objective, nonjudgmental, and designed
5 16 to convey only accurate scientific information about the
5 17 unborn child at various gestational stages. The materials
5 18 shall also contain objective information describing the
5 19 methods of abortion procedures commonly used, the medical
5 20 risks commonly associated with each procedure, the possible
5 21 detrimental psychological effects of abortion, and the medical
5 22 risks commonly associated with carrying an unborn child to
5 23 term.
5 24 c. Materials with the following information concerning an
5 25 unborn child of twenty weeks' gestational age and at
5 26 subsequent two-week gestational increments provided in an
5 27 objective, nonjudgmental, and accurately scientific manner and
5 28 in such a manner as to ensure that the information is easily
5 29 comprehensible:
5 30 (1) The development of the nervous system of the unborn
5 31 child.
5 32 (2) Fetal responsiveness to adverse stimuli and other
5 33 indications of the capacity of the unborn child to experience
5 34 organic pain.
5 35 (3) The impact on fetal organic pain of each abortion
6 1 procedure commonly used at the particular stage of pregnancy.
6 2 The printed materials referred to in this subsection shall
6 3 be printed in a typeface large enough to be clearly legible.
6 4 The printed materials shall be available from the department
6 5 at no cost, upon request, and in an appropriated number, to
6 6 any person.
6 7 3. The director of public health shall develop and
6 8 maintain a stable internet website to provide the information
6 9 described in subsection 2. Information regarding users of the
6 10 website shall not be collected or maintained. The director
6 11 shall monitor the website on a continuous basis to prevent or
6 12 correct tampering.
6 13 Sec. 4. NEW SECTION. 146A.4 PROCEDURE IN CASE OF MEDICAL
6 14 EMERGENCY.
6 15 If a medical emergency necessitates the performance of an
6 16 abortion, the physician shall inform the woman, prior to the
6 17 performance of the abortion, if possible, of the medical
6 18 indications supporting the physician's judgment that the
6 19 immediate performance of an abortion is necessary to avert the
6 20 woman's death or that a twenty-four-hour delay in the
6 21 performance of an abortion will create a serious risk of
6 22 substantial and irreversible impairment of a major bodily
6 23 function.
6 24 Sec. 5. NEW SECTION. 146A.5 REPORTING REQUIREMENTS –
6 25 PENALTY.
6 26 1. Beginning October 1, 2004, the director of public
6 27 health shall make a report form available to all physicians
6 28 licensed to practice in the state, to report all of the
6 29 following information:
6 30 a. The number of pregnant women to whom the physician
6 31 provided the information described in section 146A.3,
6 32 subsection 1, paragraph "a"; of that number, the number
6 33 provided the information by telephone and the number provided
6 34 the information in person; and of each of those numbers, the
6 35 number provided the information in the capacity of a referring
7 1 physician and the number provided in the capacity of a
7 2 physician who is to perform the abortion.
7 3 b. The number of pregnant women to whom the physician or
7 4 an agent of the physician provided the information described
7 5 in section 146A.3, subsection 1, paragraph "b"; of that
7 6 number, the number provided the information by telephone and
7 7 the number provided the information in person; of each of
7 8 those numbers, the number provided the information in the
7 9 capacity of a referring physician and the number provided the
7 10 information in the capacity of a physician who is to perform
7 11 the abortion; and of each of those numbers, the number
7 12 provided by the physician and the number provided by an agent
7 13 of the physician.
7 14 c. The number of women who availed themselves of the
7 15 opportunity to obtain a copy of the printed information
7 16 described in section 146A.3, subsection 2, other than on the
7 17 website and the number who did not; and of each of those
7 18 numbers, the number who, to the best of the reporting
7 19 physician's knowledge, subsequently obtained an abortion.
7 20 d. The number of abortions performed by the physician in
7 21 which information otherwise required to be provided at least
7 22 twenty-four hours prior to the abortion was not so provided
7 23 because an immediate abortion was necessary based upon a
7 24 medical emergency.
7 25 2. A physician who provided the information required to be
7 26 provided pursuant to section 146A.3 to any pregnant woman
7 27 during the previous year ending October 31 shall submit the
7 28 completed report form no later than January 15 of each year,
7 29 beginning January 15, 2006.
7 30 3. The director of public health shall compile the
7 31 information contained in the reports submitted and shall
7 32 publish a statistical report based on the information by July
7 33 1, annually, beginning July 1, 2006.
7 34 4. a. A physician required to submit a report under this
7 35 section who does not submit a report by the end of a grace
8 1 period of thirty days following the due date is subject to a
8 2 late fee of five hundred dollars for each additional thirty-
8 3 day period or portion of a thirty-day period that the report
8 4 is overdue.
8 5 b. The director of public health may bring an action to
8 6 compel a physician required to submit a report under this
8 7 section who does not submit a report more than one year
8 8 following the due date to submit the report.
8 9 Sec. 6. NEW SECTION. 146A.6 CIVIL REMEDIES –
8 10 CONFIDENTIALITY OF COURT PROCEEDINGS – PENALTY.
8 11 1. A person upon whom an abortion was attempted to be
8 12 performed or was performed in violation of this chapter may
8 13 maintain an action against the physician who attempted to
8 14 perform or performed the abortion knowingly or recklessly in
8 15 violation of this chapter for actual and punitive damages.
8 16 2. a. In any civil action brought under this section, the
8 17 court proceedings shall be conducted in a manner which
8 18 protects the confidentiality of the woman, and all court
8 19 documents pertaining to the proceedings shall remain
8 20 confidential and shall be sealed. The court shall direct the
8 21 exclusion of individuals from the courtroom or hearing room to
8 22 the extent necessary to safeguard the woman's identity from
8 23 public disclosure.
8 24 b. This subsection shall not be construed to conceal the
8 25 identity of witnesses from the defendant.
8 26 c. A person who knowingly violates the confidentiality
8 27 requirements of this subsection relating to court proceedings
8 28 and documents is guilty of a simple misdemeanor.
8 29 Sec. 7. EFFECTIVE DATE. This Act takes effect October 1,
8 30 2004.
8 31 EXPLANATION
8 32 This bill establishes a new Code chapter 146A, relating to
8 33 informed consent prior to an abortion.
8 34 Code section 146A.1 provides that the chapter shall be
8 35 known and may be cited as the "Woman's Right to Know Act".
9 1 Code section 146A.2 provides definitions necessary to the
9 2 chapter.
9 3 Code section 146A.3 specifies the required informed consent
9 4 provisions, including provision of certain information to a
9 5 woman by the physician or an agent of the physician, required
9 6 certification by the woman of provision to the woman of the
9 7 required information, and receipt of the certification by the
9 8 physician prior to the performance of an abortion. The bill
9 9 requires the Iowa department of public health to publish
9 10 information and to make the information available on a stable
9 11 internet website relating to options for managing a pregnancy
9 12 and relating to the characteristics of the unborn child.
9 13 Code section 146A.4 provides for alternatives to providing
9 14 informed consent as required by the chapter in the case of a
9 15 medical emergency.
9 16 Code section 146A.5 provides reporting requirements for
9 17 physicians who perform abortions.
9 18 Code section 146A.6 provides civil remedies and for
9 19 protection of privacy of court proceedings relating to an
9 20 action under the Code chapter.
9 21 The bill takes effect October 1, 2004.
9 22 LSB 5594SC 80
9 23 pf/sh/8
Text: SSB03007 Text: SSB03009 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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