House
File
2473
H-8365
Amend
the
amendment,
H-8315,
to
House
File
2473
as
1
follows:
2
1.
Page
22,
after
line
21
by
inserting:
3
<
DIVISION
___
4
DEFINITION
OF
PERSON
5
Sec.
___.
Section
135.1,
unnumbered
paragraph
1,
6
Code
2014,
is
amended
to
read
as
follows:
7
For
the
purposes
of
chapter
155
and
Title
IV,
8
subtitle
2
,
excluding
chapter
146
,
unless
otherwise
9
defined:
10
Sec.
___.
Section
135.11,
subsections
10
and
12,
11
Code
2014,
are
amended
to
read
as
follows:
12
10.
Enforce
the
law
relative
to
chapter
146
and
13
“Health-related
Professions”,
Title
IV,
subtitle
3
,
14
excluding
chapter
155
.
15
12.
Establish,
publish,
and
enforce
rules
16
not
inconsistent
with
law
for
the
enforcement
of
17
the
provisions
of
chapters
125
and
155
,
and
Title
18
IV,
subtitle
2
,
excluding
chapter
146
and
for
the
19
enforcement
of
the
various
laws,
the
administration
and
20
supervision
of
which
are
imposed
upon
the
department.
21
Sec.
___.
Section
144.29A,
subsections
1
and
2,
22
Code
2014,
are
amended
to
read
as
follows:
23
1.
A
health
care
provider
who
initially
identifies
24
and
diagnoses
a
spontaneous
termination
of
pregnancy
25
or
who
induces
a
termination
of
pregnancy
shall
file
26
with
the
department
a
report
for
each
termination
27
within
thirty
days
of
the
occurrence.
The
health
care
28
provider
shall
make
a
good
faith
effort
to
obtain
all
29
of
the
following
information
that
is
available
with
30
respect
to
each
termination:
31
a.
The
confidential
health
care
provider
code
as
32
assigned
by
the
department.
33
b.
The
report
tracking
number.
34
c.
The
maternal
health
services
region
of
the
Iowa
35
department
of
public
health,
as
designated
as
of
July
36
1,
1997,
in
which
the
patient
resides.
37
d.
The
race
of
the
patient.
38
e.
The
age
of
the
patient.
39
f.
The
marital
status
of
the
patient.
40
g.
The
educational
level
of
the
patient.
41
h.
The
number
of
previous
pregnancies,
live
births,
42
and
spontaneous
or
induced
terminations
of
pregnancies.
43
i.
The
month
and
year
in
which
the
termination
44
occurred.
45
j.
The
number
of
weeks
since
the
patient’s
last
46
menstrual
period
and
a
clinical
estimate
of
gestation.
47
k.
The
method
used
for
an
induced
termination,
48
including
whether
mifepristone
was
used.
49
2.
It
is
the
intent
of
the
general
assembly
that
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the
information
shall
be
collected,
reproduced,
1
released,
and
disclosed
in
a
manner
specified
by
2
rule
of
the
department,
adopted
pursuant
to
chapter
3
17A
,
which
ensures
the
anonymity
of
the
patient
who
4
experiences
a
termination
of
pregnancy,
the
health
5
care
provider
who
identifies
and
diagnoses
or
induces
6
a
termination
of
pregnancy,
and
the
hospital,
clinic,
7
or
other
health
facility
in
which
a
termination
of
8
pregnancy
is
identified
and
diagnosed
or
induced
.
9
The
department
may
share
information
with
federal
10
public
health
officials
for
the
purposes
of
securing
11
federal
funding
or
conducting
public
health
research.
12
However,
in
sharing
the
information,
the
department
13
shall
not
relinquish
control
of
the
information,
and
14
any
agreement
entered
into
by
the
department
with
15
federal
public
health
officials
to
share
information
16
shall
prohibit
the
use,
reproduction,
release,
or
17
disclosure
of
the
information
by
federal
public
health
18
officials
in
a
manner
which
violates
this
section
.
19
The
department
shall
publish,
annually,
a
demographic
20
summary
of
the
information
obtained
pursuant
to
21
this
section
,
except
that
the
department
shall
not
22
reproduce,
release,
or
disclose
any
information
23
obtained
pursuant
to
this
section
which
reveals
24
the
identity
of
any
patient,
health
care
provider,
25
hospital,
clinic,
or
other
health
facility,
and
shall
26
ensure
anonymity
in
the
following
ways:
27
a.
The
department
may
use
information
concerning
28
the
report
tracking
number
or
concerning
the
identity
29
of
a
reporting
health
care
provider,
hospital,
30
clinic,
or
other
health
facility
only
for
purposes
31
of
information
collection.
The
department
shall
not
32
reproduce,
release,
or
disclose
this
information
for
33
any
purpose
other
than
for
use
in
annually
publishing
34
the
demographic
summary
under
this
section
.
35
b.
The
department
shall
enter
the
information,
from
36
any
report
of
termination
submitted,
within
thirty
37
days
of
receipt
of
the
report,
and
shall
immediately
38
destroy
the
report
following
entry
of
the
information.
39
However,
entry
of
the
information
from
a
report
shall
40
not
include
any
health
care
provider,
hospital,
clinic,
41
or
other
health
facility
identification
information
42
including,
but
not
limited
to,
the
confidential
health
43
care
provider
code,
as
assigned
by
the
department.
44
c.
To
protect
confidentiality,
the
department
45
shall
limit
release
of
information
to
release
in
an
46
aggregate
form
which
prevents
identification
of
any
47
individual
patient,
health
care
provider,
hospital,
48
clinic,
or
other
health
facility.
For
the
purposes
of
49
this
paragraph,
“aggregate
form”
means
a
compilation
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of
the
information
received
by
the
department
on
1
termination
of
pregnancies
for
each
information
item
2
listed,
with
the
exceptions
of
the
report
tracking
3
number,
the
health
care
provider
code,
and
any
set
of
4
information
for
which
the
amount
is
so
small
that
the
5
confidentiality
of
any
person
to
whom
the
information
6
relates
may
be
compromised.
The
department
shall
7
establish
a
methodology
to
provide
a
statistically
8
verifiable
basis
for
any
determination
of
the
correct
9
amount
at
which
information
may
be
released
so
that
the
10
confidentiality
of
any
person
is
not
compromised.
11
Sec.
___.
Section
144.29A,
subsection
8,
Code
2014,
12
is
amended
by
striking
the
subsection.
13
Sec.
___.
Section
216.6,
subsection
2,
paragraph
c,
14
Code
2014,
is
amended
by
striking
the
paragraph.
15
Sec.
___.
Section
216.13,
Code
2014,
is
amended
to
16
read
as
follows:
17
216.13
Exceptions
for
retirement
plans,
abortion
18
coverage,
life,
disability,
and
health
benefits.
19
The
provisions
of
this
chapter
relating
to
20
discrimination
because
of
age
do
not
apply
to
a
21
retirement
plan
or
benefit
system
of
an
employer
unless
22
the
plan
or
system
is
a
mere
subterfuge
adopted
for
the
23
purpose
of
evading
this
chapter
.
24
1.
However,
a
retirement
plan
or
benefit
system
25
shall
not
require
the
involuntary
retirement
of
26
a
person
under
the
age
of
seventy
because
of
that
27
person’s
age.
This
paragraph
does
not
prohibit
the
28
following:
29
a.
The
involuntary
retirement
of
a
person
who
has
30
attained
the
age
of
sixty-five
and
has
for
the
two
31
prior
years
been
employed
in
a
bona
fide
executive
32
or
high
policymaking
position
and
who
is
entitled
33
to
an
immediate,
nonforfeitable
annual
retirement
34
benefit
from
a
pension,
profit-sharing,
savings,
or
35
deferred
compensation
plan
of
the
employer
which
equals
36
twenty-seven
thousand
dollars.
This
retirement
benefit
37
test
may
be
adjusted
according
to
the
regulations
38
prescribed
by
the
United
States
secretary
of
labor
39
pursuant
to
Pub.
L.
No.
95-256,
section
3.
40
b.
The
involuntary
retirement
of
a
person
covered
41
by
a
collective
bargaining
agreement
which
was
entered
42
into
by
a
labor
organization
and
was
in
effect
on
43
September
1,
1977.
This
exemption
does
not
apply
after
44
the
termination
of
that
agreement
or
January
1,
1980,
45
whichever
first
occurs.
46
2.
A
health
insurance
program
provided
by
an
47
employer
may
exclude
coverage
of
abortion,
except
where
48
the
life
of
the
mother
would
be
endangered
if
the
fetus
49
were
carried
to
term
or
where
medical
complications
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arisen
from
an
abortion.
1
3.
2.
An
employee
welfare
plan
may
provide
life,
2
disability
or
health
insurance
benefits
which
vary
by
3
age
based
on
actuarial
differences
if
the
employer
4
contributes
equally
for
all
the
participating
employees
5
or
may
provide
for
employer
contributions
differing
by
6
age
if
the
benefits
for
all
the
participating
employees
7
do
not
vary
by
age.
8
Sec.
___.
Section
602.8102,
subsection
31,
Code
9
2014,
is
amended
by
striking
the
subsection.
10
Sec.
___.
Section
707.1,
Code
2014,
is
amended
to
11
read
as
follows:
12
707.1
Murder
defined.
13
1.
A
person
who
kills
another
person
with
malice
14
aforethought
either
express
or
implied
commits
murder.
15
2.
“Person”
,
when
referring
to
the
victim
of
a
16
murder,
means
an
individual
human
being,
without
regard
17
to
age
of
development,
from
the
moment
of
conception,
18
when
a
zygote
is
formed,
until
natural
death.
19
3.
Murder
includes
killing
another
person
through
20
any
means
that
terminates
the
life
of
the
other
21
person
including
but
not
limited
to
the
use
of
22
abortion-inducing
drugs.
For
the
purposes
of
this
23
section,
“abortion-inducing
drug”
means
a
medicine,
24
drug,
or
any
other
substance
prescribed
or
dispensed
25
with
the
intent
of
terminating
the
clinically
26
diagnosable
pregnancy
of
a
woman,
with
knowledge
that
27
the
drug
will
with
reasonable
likelihood
cause
the
28
termination
of
the
pregnancy.
“Abortion-inducing
drug”
29
includes
the
off-label
use
of
drugs
known
to
have
30
abortion-inducing
properties,
which
are
prescribed
31
specifically
with
the
intent
of
causing
an
abortion,
32
but
does
not
include
drugs
that
may
be
known
to
cause
33
an
abortion,
but
which
are
prescribed
for
other
medical
34
indications.
35
4.
Murder
does
not
include
a
fetal
death
as
defined
36
in
section
144.1
or
the
spontaneous
termination
of
37
pregnancy
as
defined
in
section
144.29A.
38
Sec.
___.
REPEAL.
Sections
232.5,
702.20,
707.7,
39
707.8,
707.8A,
707.9,
and
707.10,
Code
2014,
are
40
repealed.
41
Sec.
___.
REPEAL.
Chapters
135L
and
146,
Code
42
2014,
are
repealed.
43
Sec.
___.
SEVERABILITY.
If
any
provision
of
44
this
division
of
this
Act
or
the
application
of
this
45
division
of
this
Act
to
any
person
or
circumstances
is
46
held
invalid,
the
invalidity
shall
not
affect
other
47
provisions
or
applications
of
the
division
which
can
48
be
given
effect
without
the
invalid
provisions
or
49
application
and,
to
this
end,
the
provisions
of
this
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division
of
this
Act
are
severable.
1
Sec.
___.
EFFECTIVE
UPON
ENACTMENT.
This
division
2
of
this
Act,
being
deemed
of
immediate
importance,
3
takes
effect
upon
enactment.
>
4
2.
By
renumbering
as
necessary.
5
______________________________
SHAW
of
Pocahontas
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