Senate File 471 H-1265 Amend the Committee amendment, H-1251, to Senate File 471, 1 as amended, passed, and reprinted by the Senate, as follows: 2 1. Page 1, after line 4 by inserting: 3 << DIVISION I 4 PUBLIC HEALTH —— WOMEN’S REPRODUCTIVE CAPACITY —— TWENTY WEEKS 5 POSTFERTILIZATION —— PROHIBITION OF ABORTION > 6 2. Page 7, line 3, after < this > by inserting < division of 7 this > 8 3. Page 7, line 6, after < this > by inserting < division of 9 this > 10 4. Page 7, line 8, after < this > by inserting < division of 11 this > 12 5. Page 7, after line 8 by inserting: 13 < DIVISION ___ 14 PUBLIC HEALTH —— MEN’S REPRODUCTIVE CAPACITY —— RIGHT TO KNOW 15 —— PRESERVATION OF POTENTIAL LIFE 16 Sec. ___. NEW SECTION . 146C.1 Short title. 17 This chapter shall be known and may be cited as the Man’s 18 Right to Know Act” . 19 Sec. ___. NEW SECTION . 146C.2 Purpose. 20 The purposes of this chapter are to express the state’s 21 interest in promoting men’s health; ensure that Iowa men 22 experience safe and healthy elective vasectomy and colonoscopy 23 procedures, erectile dysfunction approaches, and men’s health 24 experiences; ensure a physician’s right to invoke personal, 25 moral, or religious beliefs in refusing to perform an elective 26 vasectomy or colonoscopy or to provide erectile dysfunction 27 services, including prescriptions for erectile dysfunction 28 drugs; and to promote masturbatory emissions inside health care 29 and medical facilities, as a means of promoting the healthiest 30 way to ensure men’s health and preserve the sanctity of life. 31 Sec. ___. NEW SECTION . 146C.3 Informational materials —— 32 viewing and verbal explanation —— exam and magnetic resonance 33 imaging. 34 1. a. The department of public health shall create and 35 -1- H1251.2003 (2) 87 pf/nh 1/ 4 #1.
distribute informational materials containing information 1 reflecting the requirements and purposes of this chapter, in 2 the form of a booklet to be entitled “A Man’s Right to Know”. 3 b. The booklet shall contain medical information related 4 to the benefits to and concerns of a man seeking an elective 5 vasectomy or colonoscopy or erectile dysfunction services, 6 including prescriptions for drugs that address erectile 7 dysfunction, which shall include, as applicable, an artistic 8 illustration of each procedure. 9 c. The booklet shall only contain scientific information 10 verified and supported by research that is recognized as 11 medically accurate, objective, and complete by the national 12 institutes of health and affiliated organizations. 13 d. The department shall adopt rules pursuant to chapter 14 17A including regarding procedures for the creation and 15 distribution of the booklet to physicians and patients. 16 2. An attending physician shall verbally review the booklet 17 with every male patient seeking an elective vasectomy or 18 colonoscopy or erectile dysfunction services, including a 19 prescription for drugs that address erectile dysfunction, at 20 the initial appointment with the male patient seeking such 21 procedure, service, or prescription. The male patient shall 22 sign a form, to be included by the physician in the male 23 patient’s medical record, certifying that the male patient 24 received a copy of the materials and that the physician 25 verbally reviewed the booklet with the male patient prior to 26 the performance of any procedure or provision of service or 27 prescription to the male patient. 28 3. In addition to verbally reviewing the booklet with 29 the male patient and receiving certification from the male 30 patient of a verbal explanation of the booklet at the initial 31 appointment with a male patient seeking such procedure, 32 service, or prescription, the attending physician shall 33 administer a digital rectal exam and magnetic resonance 34 imaging of the rectum before performing an elective vasectomy 35 -2- H1251.2003 (2) 87 pf/nh 2/ 4
or colonoscopy procedure on the male patient or providing a 1 service or prescription to a male patient to address erectile 2 dysfunction. 3 Sec. ___. NEW SECTION . 146C.4 Prohibited causes of action. 4 A cause of action shall not arise, and damages shall not 5 be awarded, on behalf of any person based on the claim the 6 person’s physician refused to perform an elective vasectomy or 7 colonoscopy procedure, to provide a service or prescription to 8 address a male patient’s erectile dysfunction, or to provide 9 any other men’s health procedure based on the physician’s 10 personal, moral, or religious beliefs. This section shall not 11 be construed to supersede any duty of a physician or other 12 health care practitioner under any other applicable law. 13 Sec. ___. NEW SECTION . 146C.5 Masturbatory emissions —— 14 penalties —— assistance and storage programs —— registry. 15 1. A male who releases masturbatory emissions outside of a 16 health or medical facility registered with the department of 17 public health, with the intent that the masturbatory emission 18 be used for a purpose other than procreation, is subject to a 19 civil penalty of one hundred dollars for each such emission, 20 and such act shall be considered an act against an unborn child 21 and failure to preserve the sanctity of life. 22 2. Any person witnessing the release of a masturbatory 23 emission by a male in violation of this section may maintain 24 a cause of action against the male as an act against an unborn 25 child and failure to preserve the sanctity of life. If the 26 plaintiff prevails in an action brought under this section, the 27 defendant shall pay a civil penalty of five thousand dollars 28 to be remitted to the department of public health to be used as 29 provided in subsection 3. 30 3. Civil penalties collected under this section shall be 31 used by the department of public health for family planning 32 services that replicate those included in the Medicaid family 33 planning network waiver as approved by the centers for Medicare 34 and Medicaid services of the United States department of 35 -3- H1251.2003 (2) 87 pf/nh 3/ 4
health and human services in effect on June 30, 2017, and 1 for expansion of the department’s program to provide for the 2 adequate developmental surveillance and screening during a 3 child’s first five years. 4 4. A hospital or private nonprofit organization may 5 establish a program to provide masturbatory emissions 6 assistance for males to comply with this section. The hospital 7 or nonprofit organization shall register the program with the 8 department of public health. Such program shall be required to 9 provide for storage of any masturbatory emissions to be used 10 only for the future purpose of procreation. The department of 11 public health shall adopt rules pursuant to chapter 17A for 12 administration of such programs. > 13 6. Page 7, line 10, after < to > by inserting < reproduction, 14 including men’s and women’s reproductive capacity, > 15 7. Page 7, line 11, by striking < and > 16 8. Page 7, line 12, after < civil > by inserting < and 17 criminal > 18 9. By renumbering as necessary. 19 ______________________________ HEDDENS of Story ______________________________ HUNTER of Polk -4- H1251.2003 (2) 87 pf/nh 4/ 4 #6. #7. #8. #9.