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 50 -1- H8315.4443 (1) 85 tm/tm 1/ 5 #1.
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 50 -2- H8315.4443 (1) 85 tm/tm 2/ 5
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 50 -3- H8315.4443 (1) 85 tm/tm 3/ 5
have 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 50 -4- H8315.4443 (1) 85 tm/tm 4/ 5
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 -5- H8315.4443 (1) 85 tm/tm 5/ 5 #2.