House File 2329 H-8043 Amend House File 2329 as follows: 1 1. Page 1, line 4, after < part > by inserting 2 < or fetus for purposes of animal or human research, 3 experimentation, or study, or for transplantation > 4 2. Page 1, after line 6 by inserting: 5 < 2. A person shall not experiment upon a fetus 6 intended to be aborted unless the experimentation is 7 therapeutic to the fetus. 8 3. A person shall not aid or abet any prohibited 9 action specified in subsection 1 or 2. > 10 3. Page 1, by striking line 7 and inserting: 11 < 4. Subsections 1, 2, and 3 shall not apply to any 12 of the following: > 13 4. Page 1, after line 15 by inserting: 14 < 5. In addition to other remedies available, 15 failure to comply with the requirements of this section 16 shall provide a basis for recovery for the pregnant 17 woman, or the parent or guardian of the pregnant woman 18 if the pregnant woman is a minor, for a violation of 19 this section. Such relief may include all of the 20 following: 21 a. Monetary damages for all psychological injuries 22 occasioned by such violation. 23 b. Statutory damages equal to three times the cost 24 of the pregnant woman’s delivery or abortion. 25 c. A basis for professional disciplinary action 26 under chapter 148. 27 6. State funding shall not be appropriated to 28 or expended by any state agency, state institution, 29 or program administered by the state including but 30 not limited to the medical assistance program if 31 such entity or program is found in violation of this 32 section. > 33 5. Page 1, line 16, by striking < 3. > and inserting 34 < 7. > 35 -1- HF2329.2725 (2) 86 pf/nh 1/ 3 #1. #2. #3. #4.
6. Page 1, line 18, by striking < 4. > and inserting 1 < 8. > 2 7. Page 1, after line 19 by inserting: 3 < ___. “Experiment” or “experimentation” means the 4 use of fetal body parts or a fetus in any trial, test, 5 procedure, or observation carried out with the goal 6 of verifying, refuting, or establishing the validity 7 of a hypothesis, but does not include diagnostic or 8 remedial tests, procedures, or observations which have 9 the purpose of determining the life or health of the 10 fetus, preserving the life or health of the fetus or 11 the pregnant woman, or pathological study. > 12 8. Page 1, after line 24 by inserting: 13 < ___. “Pathological study” means the examination of 14 body tissue for diagnostic purposes. 15 ___. “Therapeutic” means intended to treat or cure 16 a disease or disorder by remedial agents or methods. > 17 9. Page 1, after line 28 by inserting: 18 < Sec. ___. STATUTORY CONSTRUCTION. 19 1. Nothing in this Act shall be construed to affect 20 existing federal or state law regarding abortion. 21 2. Nothing in this Act shall be construed as 22 creating or recognizing a right to abortion. 23 3. Nothing in this Act shall be construed to alter 24 generally accepted medical standards. 25 Sec. ___. SEVERABILITY. If any provision of 26 this Act or the application thereof to any person or 27 circumstances is held invalid, the invalidity shall 28 not affect other provisions or applications of the 29 Act which can be given effect without the invalid 30 provisions or application and, to this end, the 31 provisions of this Act are severable. 32 Sec. ___. RIGHT OF INTERVENTION. The general 33 assembly, by joint resolution, may appoint one or more 34 of its members, who sponsored or cosponsored this 35 -2- HF2329.2725 (2) 86 pf/nh 2/ 3 #6. #7. #8. #9.
Act in the member’s official capacity to intervene 1 as a matter of right in any case in which the 2 constitutionality of this Act is challenged. > 3 10. By renumbering as necessary. 4 ______________________________ SALMON of Black Hawk -3- HF2329.2725 (2) 86 pf/nh 3/ 3 #10.