Senate File 359 H-8269 Amend Senate File 359, as passed by the Senate, as follows: 1 1. Page 1, before line 1 by inserting: 2 < DIVISION I 3 FETAL BODY PARTS > 4 2. Page 1, line 1, by striking < 146B.1 > and inserting 5 < 146D.1 > 6 3. Page 1, lines 31 and 32, by striking < January 1, 2017 > 7 and inserting < July 1, 2018 > 8 4. Page 2, after line 4 by inserting: 9 < DIVISION ___ 10 ABORTION PROHIBITIONS —— FETAL HEARTBEAT 11 Sec. ___. Section 146A.1, subsections 2 and 6, Code 2018, 12 are amended to read as follows: 13 2. Compliance with the prerequisites of this section shall 14 not apply to any of the following: 15 a. An abortion performed to save the life of a pregnant 16 woman. 17 b. An an abortion performed in a medical emergency. 18 c. The performance of a medical procedure by a physician 19 that in the physician’s reasonable medical judgment is designed 20 to or intended to prevent the death or to preserve the life of 21 the pregnant woman. 22 6. As used in this section , “unborn child” : 23 a. “Medical emergency” means a situation in which an 24 abortion is performed to preserve the life of the pregnant 25 woman whose life is endangered by a physical disorder, physical 26 illness, or physical injury, including a life-endangering 27 physical condition caused by or arising from the pregnancy, but 28 not including psychological conditions, emotional conditions, 29 familial conditions, or the woman’s age. 30 b. “Unborn child” means an individual organism of the 31 species homo sapiens from fertilization to live birth. 32 Sec. ___. NEW SECTION . 146C.1 Definitions. 33 As used in this chapter, unless the context otherwise 34 requires: 35 -1- SF359.4686 (2) 87 pf/rh 1/ 3 #1. #2. #3. #4.
1. “Abortion” means the termination of a human pregnancy 1 with the intent other than to produce a live birth or to remove 2 a dead fetus. 3 2. “Fetal heartbeat” means cardiac activity, the steady and 4 repetitive rhythmic contraction of the fetal heart within the 5 gestational sac. 6 3. “Medical emergency” means the same as defined in section 7 146A.1. 8 4. “Physician” means a person licensed under chapter 148. 9 5. “Reasonable medical judgment” means a medical judgment 10 made by a reasonably prudent physician who is knowledgeable 11 about the case and the treatment possibilities with respect to 12 the medical conditions involved. 13 6. “Unborn child” means the same as defined in section 14 146A.1. 15 Sec. ___. NEW SECTION . 146C.2 Abortion prohibited —— 16 detectable fetal heartbeat. 17 1. Except in the case of a medical emergency, a physician 18 shall not perform an abortion unless the physician has first 19 complied with the prerequisites of chapter 146A and has 20 tested the pregnant woman as specified in this subsection, to 21 determine if a fetal heartbeat is detectable. 22 a. In testing for a detectable fetal heartbeat, the 23 physician shall perform an abdominal ultrasound, necessary to 24 detect a fetal heartbeat according to standard medical practice 25 and including the use of medical devices, as determined by 26 standard medical practice and specified by rule of the board 27 of medicine. 28 b. Following the testing of the pregnant woman for a 29 detectable fetal heartbeat, the physician shall inform the 30 pregnant woman, in writing, of all of the following: 31 (1) Whether a fetal heartbeat was detected. 32 (2) That if a fetal heartbeat was detected, an abortion is 33 prohibited. 34 c. Upon receipt of the written information, the pregnant 35 -2- SF359.4686 (2) 87 pf/rh 2/ 3
woman shall sign a form acknowledging that the pregnant woman 1 has received the information as required under this subsection. 2 2. A physician shall not perform an abortion upon a pregnant 3 woman when it has been determined that the unborn child has 4 a detectable fetal heartbeat, unless, in the physician’s 5 reasonable medical judgment, a medical emergency exists. 6 3. A physician shall retain in the woman’s medical record 7 all of the following: 8 a. Documentation of the testing for a fetal heartbeat 9 as specified in subsection 1 and the results of the fetal 10 heartbeat test. 11 b. The pregnant woman’s signed form acknowledging that 12 the pregnant woman received the information as required under 13 subsection 1. 14 4. This section shall not be construed to impose civil 15 or criminal liability on a woman upon whom an abortion is 16 performed in violation of this section. 17 5. The board of medicine shall adopt rules pursuant to 18 chapter 17A to administer this section. > 19 5. Title page, line 1, by striking < certain actions 20 regarding fetal body parts > and inserting < and requiring 21 certain actions relating to a fetus > 22 6. By renumbering as necessary. 23 ______________________________ COMMITTEE ON HUMAN RESOURCES FRY of Clarke, Chairperson -3- SF359.4686 (2) 87 pf/rh 3/ 3 #5. #6.