Senate
File
471
H-1251
Amend
Senate
File
471,
as
amended,
passed,
and
reprinted
by
1
the
Senate,
as
follows:
2
1.
By
striking
everything
after
the
enacting
clause
and
3
inserting:
4
<
Section
1.
NEW
SECTION
.
146B.1
Definitions.
5
As
used
in
this
chapter,
unless
the
context
otherwise
6
requires:
7
1.
“Abortion”
means
the
termination
of
a
human
pregnancy
8
with
the
intent
other
than
to
produce
a
live
birth
or
to
remove
9
a
dead
fetus.
10
2.
“Attempt
to
perform
an
abortion”
means
an
act,
or
11
an
omission
of
a
statutorily
required
act,
that,
under
the
12
circumstances
as
the
actor
believes
them
to
be,
constitutes
a
13
substantial
step
in
a
course
of
conduct
planned
to
culminate
in
14
the
performing
of
an
abortion.
15
3.
“Department”
means
the
department
of
public
health.
16
4.
“Fertilization”
means
the
fusion
of
a
human
spermatozoon
17
with
a
human
ovum.
18
5.
“Major
bodily
function”
includes
but
is
not
limited
19
to
functions
of
the
immune
system,
normal
cell
growth,
and
20
digestive,
bowel,
bladder,
neurological,
brain,
respiratory,
21
circulatory,
endocrine,
and
reproductive
functions.
22
6.
“Medical
emergency”
means
a
situation
in
which
an
23
abortion
is
performed
to
preserve
the
life
of
the
pregnant
24
woman
whose
life
is
endangered
by
a
physical
disorder,
physical
25
illness,
or
physical
injury,
including
a
life-endangering
26
physical
condition
caused
by
or
arising
from
the
pregnancy,
or
27
when
continuation
of
the
pregnancy
will
create
a
serious
risk
28
of
substantial
and
irreversible
impairment
of
a
major
bodily
29
function
of
the
pregnant
woman.
30
7.
“Medical
facility”
means
any
public
or
private
hospital,
31
clinic,
center,
medical
school,
medical
training
institution,
32
health
care
facility,
physician’s
office,
infirmary,
33
dispensary,
ambulatory
surgical
center,
or
other
institution
or
34
location
where
medical
care
is
provided
to
any
person.
35
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#1.
8.
“Perform”
,
“performed”
,
or
“performing”
,
relative
to
an
1
abortion,
means
the
use
of
any
means,
including
medical
or
2
surgical,
to
terminate
the
pregnancy
of
a
woman
known
to
be
3
pregnant
with
the
intent
other
than
to
produce
a
live
birth
or
4
to
remove
a
dead
fetus.
5
9.
“Physician”
means
a
person
licensed
under
chapter
148.
6
10.
“Postfertilization
age”
means
the
age
of
the
unborn
7
child
as
calculated
from
fertilization.
8
11.
“Probable
postfertilization
age”
means
what,
in
9
reasonable
medical
judgment,
will
with
reasonable
probability
10
be
the
postfertilization
age
of
the
unborn
child
at
the
time
11
the
abortion
is
to
be
performed.
12
12.
“Reasonable
medical
judgment”
means
a
medical
judgment
13
made
by
a
reasonably
prudent
physician
who
is
knowledgeable
14
about
the
case
and
the
treatment
possibilities
with
respect
to
15
the
medical
conditions
involved.
16
13.
“Unborn
child”
means
an
individual
organism
of
the
17
species
homo
sapiens
from
fertilization
until
live
birth.
18
Sec.
2.
NEW
SECTION
.
146B.2
Determination
of
19
postfertilization
age
——
abortion
prohibited
at
twenty
or
20
more
weeks
postfertilization
age
——
exceptions
——
reporting
21
requirements
——
penalties.
22
1.
Except
in
the
case
of
a
medical
emergency,
in
addition
23
to
compliance
with
the
prerequisites
of
chapter
146A,
an
24
abortion
shall
not
be
performed
or
be
attempted
to
be
performed
25
unless
the
physician
performing
the
abortion
has
first
made
26
a
determination
of
the
probable
postfertilization
age
of
the
27
unborn
child
or
relied
upon
such
a
determination
made
by
28
another
physician.
In
making
such
a
determination,
a
physician
29
shall
make
such
inquiries
of
the
pregnant
woman
and
perform
or
30
cause
to
be
performed
such
medical
examinations
and
tests
the
31
physician
considers
necessary
in
making
a
reasonable
medical
32
judgment
to
accurately
determine
the
postfertilization
age
of
33
the
unborn
child.
34
2.
a.
A
physician
shall
not
perform
or
attempt
to
perform
35
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an
abortion
upon
a
pregnant
woman
when
it
has
been
determined,
1
by
the
physician
performing
the
abortion
or
by
another
2
physician
upon
whose
determination
that
physician
relies,
3
that
the
probable
postfertilization
age
of
the
unborn
child
4
is
twenty
or
more
weeks
unless,
in
the
physician’s
reasonable
5
medical
judgment,
any
of
the
following
applies:
6
(1)
The
pregnant
woman
has
a
condition
which
the
physician
7
deems
a
medical
emergency.
8
(2)
The
abortion
is
necessary
to
preserve
the
life
of
an
9
unborn
child.
10
b.
If
an
abortion
is
performed
under
this
subsection,
the
11
physician
shall
terminate
the
human
pregnancy
in
the
manner
12
which,
in
the
physician’s
reasonable
medical
judgment,
provides
13
the
best
opportunity
for
an
unborn
child
to
survive,
unless,
in
14
the
physician’s
reasonable
medical
judgment,
termination
of
the
15
human
pregnancy
in
that
manner
would
pose
a
greater
risk
than
16
any
other
available
method
of
the
death
of
the
pregnant
woman
17
or
of
the
substantial
and
irreversible
physical
impairment
of
a
18
major
bodily
function.
A
greater
risk
shall
not
be
deemed
to
19
exist
if
it
is
based
on
a
claim
or
diagnosis
that
the
pregnant
20
woman
will
engage
in
conduct
which
would
result
in
the
pregnant
21
woman’s
death
or
in
substantial
and
irreversible
physical
22
impairment
of
a
major
bodily
function.
23
3.
A
physician
who
performs
or
attempts
to
perform
an
24
abortion
shall
report
to
the
department,
on
a
schedule
and
in
25
accordance
with
forms
and
rules
adopted
by
the
department,
all
26
of
the
following:
27
a.
If
a
determination
of
probable
postfertilization
age
of
28
the
unborn
child
was
made,
the
probable
postfertilization
age
29
determined
and
the
method
and
basis
of
the
determination.
30
b.
If
a
determination
of
probable
postfertilization
age
of
31
the
unborn
child
was
not
made,
the
basis
of
the
determination
32
that
a
medical
emergency
existed.
33
c.
If
the
probable
postfertilization
age
of
the
unborn
34
child
was
determined
to
be
twenty
or
more
weeks,
the
basis
of
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the
determination
of
a
medical
emergency,
or
the
basis
of
the
1
determination
that
the
abortion
was
necessary
to
preserve
the
2
life
of
an
unborn
child.
3
d.
The
method
used
for
the
abortion
and,
in
the
case
of
4
an
abortion
performed
when
the
probable
postfertilization
age
5
was
determined
to
be
twenty
or
more
weeks,
whether
the
method
6
of
abortion
used
was
one
that,
in
the
physician’s
reasonable
7
medical
judgment,
provided
the
best
opportunity
for
an
unborn
8
child
to
survive
or,
if
such
a
method
was
not
used,
the
basis
9
of
the
determination
that
termination
of
the
human
pregnancy
10
in
that
manner
would
pose
a
greater
risk
than
would
any
other
11
available
method
of
the
death
of
the
pregnant
woman
or
of
the
12
substantial
and
irreversible
physical
impairment
of
a
major
13
bodily
function.
14
4.
a.
By
June
30,
annually,
the
department
shall
issue
a
15
public
report
providing
statistics
for
the
previous
calendar
16
year,
compiled
from
the
reports
for
that
year
submitted
in
17
accordance
with
subsection
3.
The
department
shall
ensure
that
18
none
of
the
information
included
in
the
public
reports
could
19
reasonably
lead
to
the
identification
of
any
woman
upon
whom
an
20
abortion
was
performed.
21
b.
(1)
A
physician
who
fails
to
submit
a
report
by
the
end
22
of
thirty
days
following
the
due
date
shall
be
subject
to
a
23
late
fee
of
five
hundred
dollars
for
each
additional
thirty-day
24
period
or
portion
of
a
thirty-day
period
the
report
is
overdue.
25
(2)
A
physician
required
to
report
in
accordance
with
26
subsection
3
who
has
not
submitted
a
report
or
who
has
27
submitted
only
an
incomplete
report
more
than
one
year
28
following
the
due
date,
may,
in
an
action
brought
in
the
29
manner
in
which
actions
are
brought
to
enforce
chapter
148,
30
be
directed
by
a
court
of
competent
jurisdiction
to
submit
a
31
complete
report
within
a
time
period
stated
by
court
order
or
32
be
subject
to
contempt
of
court.
33
(3)
A
physician
who
intentionally
or
recklessly
falsifies
34
a
report
required
under
this
section
is
subject
to
a
civil
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penalty
of
one
hundred
dollars.
1
5.
Any
medical
facility
in
which
a
physician
is
authorized
2
to
perform
an
abortion
shall
implement
written
medical
3
policies
and
procedures
consistent
with
the
requirements
and
4
prohibitions
of
this
chapter.
5
6.
The
department
shall
adopt
rules
to
implement
this
6
section.
7
Sec.
3.
NEW
SECTION
.
146B.3
Civil
actions
and
penalties.
8
1.
Failure
of
a
physician
to
comply
with
any
provision
of
9
section
146B.2,
with
the
exception
of
the
late
filing
of
a
10
report
or
failure
to
submit
a
complete
report
in
compliance
11
with
a
court
order,
is
grounds
for
licensee
discipline
under
12
chapter
148.
13
2.
A
woman
upon
whom
an
abortion
has
been
performed
in
14
violation
of
this
chapter
may
maintain
an
action
against
the
15
physician
who
performed
the
abortion
in
intentional
or
reckless
16
violation
of
this
chapter
for
actual
damages.
17
3.
A
woman
upon
whom
an
abortion
has
been
attempted
in
18
violation
of
this
chapter
may
maintain
an
action
against
the
19
physician
who
attempted
the
abortion
in
intentional
or
reckless
20
violation
of
this
chapter
for
actual
damages.
21
4.
A
cause
of
action
for
injunctive
relief
to
prevent
a
22
physician
from
performing
abortions
may
be
maintained
against
a
23
physician
who
has
intentionally
violated
this
chapter
by
the
24
woman
upon
whom
the
abortion
was
performed
or
attempted,
by
25
a
parent
or
guardian
of
the
woman
if
the
woman
is
less
than
26
eighteen
years
of
age
at
the
time
the
abortion
was
performed
27
or
attempted,
by
a
current
or
former
licensed
health
care
28
provider
of
the
woman,
by
a
county
attorney
with
appropriate
29
jurisdiction,
or
by
the
attorney
general.
30
5.
If
the
plaintiff
prevails
in
an
action
brought
under
31
this
section,
the
plaintiff
shall
be
entitled
to
an
award
for
32
reasonable
attorney
fees.
33
6.
If
the
defendant
prevails
in
an
action
brought
under
34
this
section
and
the
court
finds
that
the
plaintiff’s
suit
was
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frivolous
and
brought
in
bad
faith,
the
defendant
shall
be
1
entitled
to
an
award
for
reasonable
attorney
fees.
2
7.
Damages
and
attorney
fees
shall
not
be
assessed
against
3
the
woman
upon
whom
an
abortion
was
performed
or
attempted
4
except
as
provided
in
subsection
6.
5
8.
In
a
civil
proceeding
or
action
brought
under
this
6
chapter,
the
court
shall
rule
whether
the
anonymity
of
any
7
woman
upon
whom
an
abortion
has
been
performed
or
attempted
8
shall
be
preserved
from
public
disclosure
if
the
woman
does
not
9
provide
consent
to
such
disclosure.
The
court,
upon
motion
10
or
on
its
own
motion,
shall
make
such
a
ruling
and,
upon
11
determining
that
the
woman’s
anonymity
should
be
preserved,
12
shall
issue
orders
to
the
parties,
witnesses,
and
counsel
13
and
shall
direct
the
sealing
of
the
record
and
exclusion
of
14
individuals
from
courtrooms
or
hearing
rooms
to
the
extent
15
necessary
to
safeguard
the
woman’s
identity
from
public
16
disclosure.
Each
such
order
shall
be
accompanied
by
specific
17
written
findings
explaining
why
the
anonymity
of
the
woman
18
should
be
preserved
from
public
disclosure,
why
the
order
is
19
essential
to
that
end,
how
the
order
is
narrowly
tailored
to
20
serve
that
interest,
and
why
no
reasonable
less
restrictive
21
alternative
exists.
In
the
absence
of
written
consent
of
the
22
woman
upon
whom
an
abortion
has
been
performed
or
attempted,
23
anyone,
other
than
a
public
official,
who
brings
an
action
24
under
this
section
shall
do
so
under
a
pseudonym.
This
25
subsection
shall
not
be
construed
to
conceal
the
identity
26
of
the
plaintiff
or
of
witnesses
from
the
defendant
or
from
27
attorneys
for
the
defendant.
28
9.
This
chapter
shall
not
be
construed
to
impose
civil
29
or
criminal
liability
on
a
woman
upon
whom
an
abortion
is
30
performed
or
attempted.
31
Sec.
4.
NEW
SECTION
.
146B.4
Construction.
32
1.
Nothing
in
this
chapter
shall
be
construed
as
creating
or
33
recognizing
a
right
to
an
abortion.
34
2.
Nothing
in
this
chapter
shall
be
construed
as
determining
35
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7
life
to
begin
at
twenty
weeks’
postfertilization.
Instead,
it
1
is
recognized
that
life
begins
at
fertilization.
2
Sec.
5.
SEVERABILITY
CLAUSE.
If
any
provision
of
this
Act
3
or
its
application
to
a
person
or
circumstance
is
held
invalid,
4
the
invalidity
does
not
affect
other
provisions
of
applications
5
of
this
Act
which
can
be
given
effect
without
the
invalid
6
provision
or
application,
and
to
this
end
the
provisions
of
7
this
Act
are
severable.
>
8
2.
Title
page,
by
striking
lines
1
and
2
and
inserting
9
<
An
Act
relating
to
prohibitions
on
abortion
based
on
10
postfertilization
age,
providing
for
licensee
discipline,
and
11
providing
civil
penalties.
>
12
______________________________
COMMITTEE
ON
HUMAN
RESOURCES
FRY
of
Clarke,
Chairperson
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7
#2.