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 -1- H1251.1945 (3) 87 pf/nh 1/ 5 #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 -2- H1251.1945 (3) 87 pf/nh 2/ 5
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 -3- H1251.1945 (3) 87 pf/nh 3/ 5
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- H1251.1945 (3) 87 pf/nh 5/ 5