Senate
File
471
H-1272
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
PREREQUISITES
FOR
ABORTION
5
Section
1.
NEW
SECTION
.
146A.01
Definitions.
6
As
used
in
this
chapter,
unless
the
context
otherwise
7
requires:
8
1.
“Abortifacient”
means
a
method
of
inhibiting
the
9
development
of
a
human
pregnancy
at
any
stage
following
10
fertilization.
11
2.
“Abortion”
means
the
termination
of
a
human
pregnancy
12
with
the
intent
other
than
to
produce
a
live
birth
or
to
remove
13
a
dead
fetus.
14
3.
“Contraception”
means
a
method
of
inhibiting
the
15
development
of
a
human
pregnancy
at
any
stage
prior
16
to
fertilization.
“Contraception”
does
not
include
an
17
abortifacient.
18
4.
“Fertilization”
means
the
fusion
of
the
human
19
spermatozoon
with
a
human
ovum.
20
5.
“Major
bodily
function”
includes
but
is
not
limited
21
to
functions
of
the
immune
system,
normal
cell
growth,
and
22
digestive,
bowel,
bladder,
neurological,
brain,
respiratory,
23
circulatory,
endocrine,
and
reproductive
functions.
24
6.
“Medical
emergency”
means
a
situation
in
which
an
25
abortion
is
performed
to
preserve
the
life
of
the
pregnant
26
woman
whose
life
is
endangered
by
a
physical
disorder,
physical
27
illness,
or
physical
injury,
including
a
life-endangering
28
physical
condition
caused
by
or
arising
from
the
pregnancy,
or
29
when
continuation
of
the
pregnancy
will
create
a
serious
risk
30
of
substantial
and
irreversible
impairment
of
a
major
bodily
31
function
of
the
pregnant
woman.
32
7.
“Perform”
,
“performed”
,
or
“performing”
,
relative
to
an
33
abortion,
means
the
use
of
any
means,
including
medical
or
34
surgical,
to
terminate
the
pregnancy
of
a
woman
known
to
be
35
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#1.
pregnant
with
the
intent
other
than
to
produce
a
live
birth
or
1
to
remove
a
dead
fetus.
2
8.
“Unborn
child”
means
an
individual
organism
of
the
3
species
homo
sapiens
from
fertilization
to
live
birth.
4
Sec.
2.
Section
146A.1,
Code
2017,
is
amended
by
striking
5
the
section
and
inserting
in
lieu
thereof
the
following:
6
146A.1
Prerequisites
for
abortion
——
ultrasound
——
licensee
7
discipline
——
interpretation.
8
1.
A
physician
performing
an
abortion
shall
obtain
written
9
certification
from
the
pregnant
woman
of
all
of
the
following
10
at
least
seventy-two
hours
prior
to
performing
an
abortion:
11
a.
That
the
woman
has
undergone
an
ultrasound
imaging
of
the
12
unborn
child
that
displays
the
approximate
age
of
the
fetus.
13
b.
That
the
woman
was
given
the
opportunity
to
see
the
14
unborn
child
by
viewing
the
ultrasound
image
of
the
fetus.
15
c.
That
the
woman
was
given
the
option
of
hearing
a
16
description
of
the
unborn
child
based
on
the
ultrasound
image
17
and
hearing
the
heartbeat
of
the
fetus.
18
d.
(1)
That
the
woman
has
been
provided
information
19
regarding
all
of
the
following,
based
upon
the
materials
20
developed
by
the
department
of
public
health
pursuant
to
21
subparagraph
(2):
22
(a)
The
options
relative
to
a
pregnancy,
including
23
continuing
the
pregnancy
to
term
and
retaining
parental
rights
24
following
the
child’s
birth,
continuing
the
pregnancy
to
25
term
and
placing
the
child
for
adoption,
and
terminating
the
26
pregnancy.
27
(b)
The
indicators,
contra-indicators,
and
risk
factors
28
including
any
physical,
psychological,
or
situational
factors
29
related
to
the
abortion
in
light
of
the
woman’s
medical
history
30
and
medical
condition.
31
(2)
The
department
of
public
health
shall
make
available
to
32
physicians,
upon
request,
all
of
the
following
information:
33
(a)
Geographically
indexed
materials
designed
to
inform
the
34
woman
about
public
and
private
agencies
and
services
available
35
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H1251.1945
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pf/nh
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to
assist
a
woman
through
pregnancy,
at
the
time
of
childbirth,
1
and
while
the
child
is
dependent.
The
materials
shall
include
2
a
comprehensive
list
of
the
agencies
available,
categorized
by
3
the
type
of
services
offered,
and
a
description
of
the
manner
4
by
which
the
agency
may
be
contacted.
5
(b)
Materials
that
encourage
consideration
of
placement
for
6
adoption.
The
materials
shall
inform
the
woman
of
the
benefits
7
of
adoption,
including
the
requirements
of
confidentiality
in
8
the
adoption
process,
the
importance
of
adoption
to
individuals
9
and
society,
and
the
state’s
interest
in
promoting
adoption
by
10
preferring
adoption
over
abortion.
11
(c)
Materials
that
contain
objective
information
describing
12
the
methods
of
abortion
procedures
commonly
used,
the
medical
13
risks
commonly
associated
with
each
such
procedure,
and
the
14
possible
detrimental
physical
and
psychological
effects
of
15
abortion.
16
2.
Compliance
with
the
prerequisites
of
this
section
shall
17
not
apply
to
any
of
the
following:
18
a.
An
abortion
performed
to
save
the
life
of
a
pregnant
19
woman.
20
b.
An
abortion
performed
in
a
medical
emergency.
21
c.
The
performance
of
a
medical
procedure
by
a
physician
22
that
in
the
physician’s
reasonable
medical
judgment
is
designed
23
to
or
intended
to
prevent
the
death
or
to
preserve
the
life
of
24
the
pregnant
woman.
25
3.
A
physician
who
violates
this
section
is
subject
to
26
licensee
discipline
pursuant
to
section
148.6.
27
4.
This
section
shall
not
be
construed
to
impose
civil
28
or
criminal
liability
on
a
woman
upon
whom
an
abortion
is
29
performed,
or
to
prohibit
the
sale,
use,
prescription,
or
30
administration
of
a
measure,
drug,
or
chemical
designed
for
the
31
purposes
of
contraception.
32
5.
The
board
of
medicine
shall
adopt
rules
pursuant
to
33
chapter
17A
to
administer
this
section.
34
Sec.
3.
CODE
EDITOR
DIRECTIVE.
35
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pf/nh
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1.
The
Code
editor
is
directed
to
make
the
following
1
transfers:
2
a.
Section
146A.01
to
section
146A.1.
3
b.
Section
146A.1
to
section
146A.2.
4
2.
The
Code
editor
shall
correct
internal
references
in
the
5
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
6
enactment
and
implementation
of
this
section.
7
DIVISION
II
8
PROHIBITIONS
ON
ABORTION
——
TWENTY
WEEKS
POSTFERTILIZATION
>
9
2.
Page
7,
by
striking
lines
3
through
12
and
inserting:
10
<
DIVISION
___
11
SEVERABILITY
——
EFFECTIVE
DATE
12
Sec.
___.
SEVERABILITY
CLAUSE.
If
any
provision
of
this
Act
13
or
its
application
to
a
person
or
circumstance
is
held
invalid,
14
the
invalidity
does
not
affect
other
provisions
of
applications
15
of
this
Act
which
can
be
given
effect
without
the
invalid
16
provision
or
application,
and
to
this
end
the
provisions
of
17
this
Act
are
severable.
18
Sec.
___.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
19
of
immediate
importance,
takes
effect
upon
enactment.
>
20
3.
Title
page,
by
striking
lines
1
and
2
and
inserting
21
<
An
Act
relating
to
limitations
on
and
prerequisites
for
an
22
abortion,
providing
for
licensee
discipline,
providing
civil
23
penalties,
and
including
effective
date
provisions.
>
24
______________________________
SALMON
of
Black
Hawk
______________________________
FISHER
of
Tama
-4-
H1251.1945
(3)
87
pf/nh
4/
5
#2.
#3.
______________________________
WATTS
of
Dallas
______________________________
HAGER
of
Allamakee
______________________________
HOLT
of
Crawford
______________________________
HEARTSILL
of
Marion
______________________________
CARLIN
of
Woodbury
______________________________
SHEETS
of
Appanoose
______________________________
WHEELER
of
Sioux
______________________________
GASSMAN
of
Winnebago
-5-
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(3)
87
pf/nh
5/
5