H-8043

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

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SALMON of Black Hawk