House File 2206
HOUSE FILE
BY LUKAN
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to parental consent prior to the performance of
2 an abortion on a minor, and providing penalties.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6114YH 80
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PAG LIN
1 1 Section 1. Section 135L.1, subsections 3 and 5, Code 2003,
1 2 are amended by striking the subsections.
1 3 Sec. 2. Section 135L.3, Code 2003, is amended to read as
1 4 follows:
1 5 135L.3 NOTIFICATION CONSENT OF PARENT PRIOR TO THE
1 6 PERFORMANCE OF ABORTION ON A PREGNANT MINOR == REQUIREMENTS ==
1 7 CRIMINAL PENALTY.
1 8 1. A licensed physician shall not perform an abortion on a
1 9 pregnant minor until at least forty=eight hours' prior
1 10 notification is provided to a parent unless consent of a
1 11 parent of the pregnant minor is obtained prior to the
1 12 performance of the abortion.
1 13 2. The licensed physician who will perform the abortion
1 14 shall provide notification in person or by mailing the
1 15 notification by restricted certified mail to a parent of the
1 16 pregnant minor at the usual place of abode of the parent. For
1 17 the purpose of delivery by restricted certified mail, the time
1 18 of delivery is deemed to occur at twelve o'clock noon on the
1 19 next day on which regular mail delivery takes place,
1 20 subsequent to the mailing.
1 21 3. 2. If the pregnant minor objects to the notification
1 22 obtaining of the consent of a parent prior to the performance
1 23 of an abortion on the pregnant minor, the pregnant minor may
1 24 petition the court to authorize waiver of the notification
1 25 consent requirement pursuant to this section in accordance
1 26 with the following procedures:
1 27 a. The court shall ensure that the pregnant minor is
1 28 provided with assistance in preparing and filing the petition
1 29 for waiver of notification consent and shall ensure that the
1 30 pregnant minor's identity remains confidential.
1 31 b. The pregnant minor may participate in the court
1 32 proceedings on the pregnant minor's own behalf. The court may
1 33 appoint a guardian ad litem for the pregnant minor and the
1 34 court shall appoint a guardian ad litem for the pregnant minor
1 35 if the pregnant minor is not accompanied by a responsible
2 1 adult or if the pregnant minor has not viewed the video as
2 2 provided pursuant to section 135L.2. In appointing a guardian
2 3 ad litem for the pregnant minor, the court shall consider a
2 4 person licensed to practice psychology pursuant to chapter
2 5 154B, a licensed social worker pursuant to chapter 154C, a
2 6 licensed marital and family therapist pursuant to chapter
2 7 154D, or a licensed mental health counselor pursuant to
2 8 chapter 154D to serve in the capacity of guardian ad litem.
2 9 The court shall advise the pregnant minor of the pregnant
2 10 minor's right to court=appointed legal counsel, and shall,
2 11 upon the pregnant minor's request, provide the pregnant minor
2 12 with court=appointed legal counsel, at no cost to the pregnant
2 13 minor.
2 14 c. The court proceedings shall be conducted in a manner
2 15 which protects the confidentiality of the pregnant minor and
2 16 notwithstanding section 232.147 or any other provision to the
2 17 contrary, all court documents pertaining to the proceedings
2 18 shall remain confidential and shall be sealed. Only the
2 19 pregnant minor, the pregnant minor's guardian ad litem, the
2 20 pregnant minor's legal counsel, and persons whose presence is
2 21 specifically requested by the pregnant minor, by the pregnant
2 22 minor's guardian ad litem, or by the pregnant minor's legal
2 23 counsel may attend the hearing on the petition.
2 24 d. Notwithstanding any law or rule to the contrary, the
2 25 court proceedings under this section shall be given precedence
2 26 over other pending matters to ensure that the court reaches a
2 27 decision expeditiously.
2 28 e. Upon petition and following an appropriate hearing, the
2 29 court shall waive the notification consent requirements if the
2 30 court determines either of the following:
2 31 (1) That the pregnant minor is mature and capable of
2 32 providing informed consent for the performance of an abortion.
2 33 (2) That the pregnant minor is not mature, or does not
2 34 claim to be mature, but that notification obtaining consent is
2 35 not in the best interest of the pregnant minor.
3 1 f. The court shall issue specific factual findings and
3 2 legal conclusions, in writing, to support the decision.
3 3 g. Upon conclusion of the hearing, the court shall
3 4 immediately issue a written order which shall be provided
3 5 immediately to the pregnant minor, the pregnant minor's
3 6 guardian ad litem, the pregnant minor's legal counsel, or to
3 7 any other person designated by the pregnant minor to receive
3 8 the order.
3 9 h. An expedited, confidential appeal shall be available to
3 10 a pregnant minor for whom the court denies a petition for
3 11 waiver of notification consent. An order granting the
3 12 pregnant minor's application for waiver of notification
3 13 consent is not subject to appeal. Access to the appellate
3 14 courts for the purpose of an appeal under this section shall
3 15 be provided to a pregnant minor twenty=four hours a day, seven
3 16 days a week.
3 17 i. A pregnant minor who chooses to utilize the waiver of
3 18 notification consent procedures under this section shall not
3 19 be required to pay a fee at any level of the proceedings.
3 20 Fees charged and court costs taxed in connection with a
3 21 proceeding under this section are waived.
3 22 j. If the court denies the petition for waiver of
3 23 notification consent and if the decision is not appealed or
3 24 all appeals are exhausted, the court shall advise the pregnant
3 25 minor that, upon the request of the pregnant minor, the court
3 26 will appoint a licensed marital and family therapist to assist
3 27 the pregnant minor in addressing any intrafamilial problems.
3 28 All costs of services provided by a court=appointed licensed
3 29 marital and family therapist shall be paid by the court
3 30 through the expenditure of funds appropriated to the judicial
3 31 branch.
3 32 k. Venue for proceedings under this section is in any
3 33 court in the state.
3 34 l. The supreme court shall prescribe rules to ensure that
3 35 the proceedings under this section are performed in an
4 1 expeditious and confidential manner. The rules shall require
4 2 that the hearing on the petition shall be held and the court
4 3 shall rule on the petition within forty=eight hours of the
4 4 filing of the petition. If the court fails to hold the
4 5 hearing and rule on the petition within forty=eight hours of
4 6 the filing of the petition and an extension is not requested,
4 7 the petition is deemed granted and waiver of the notification
4 8 consent requirements is deemed authorized. The court shall
4 9 immediately provide documentation to the pregnant minor and to
4 10 the pregnant minor's legal counsel if the pregnant minor is
4 11 represented by legal counsel, demonstrating that the petition
4 12 is deemed granted and that waiver of the notification consent
4 13 requirements is deemed authorized. Resolution of a petition
4 14 for authorization of waiver of the notification consent
4 15 requirement shall be completed within ten calendar days as
4 16 calculated from the day after the filing of the petition to
4 17 the day of issuance of any final decision on appeal.
4 18 m. The requirements of this section regarding notification
4 19 the obtaining of consent of a parent of a pregnant minor prior
4 20 to the performance of an abortion on a pregnant minor do not
4 21 apply if any of the following applies:
4 22 (1) The abortion is authorized in writing by a parent
4 23 entitled to notification from whom consent would otherwise be
4 24 required.
4 25 (2) (a) The pregnant minor declares, in a written
4 26 statement submitted to the attending physician, a reason for
4 27 not notifying a parent and a reason for notifying a
4 28 grandparent of the pregnant minor in lieu of the notification
4 29 of a parent. Upon receipt of the written statement from the
4 30 pregnant minor, the attending physician shall provide
4 31 notification to a grandparent of the pregnant minor, specified
4 32 by the pregnant minor, in the manner in which notification is
4 33 provided to a parent.
4 34 (b) The notification form shall be in duplicate and shall
4 35 include both of the following:
5 1 (i) A declaration which informs the grandparent of the
5 2 pregnant minor that the grandparent of the pregnant minor may
5 3 be subject to civil action if the grandparent accepts
5 4 notification.
5 5 (ii) A provision that the grandparent of the pregnant
5 6 minor may refuse acceptance of notification.
5 7 (3) (2) The pregnant minor's attending physician
5 8 certifies in writing that a medical emergency exists which
5 9 necessitates the immediate performance of an abortion, and
5 10 places the written certification in the medical file of the
5 11 pregnant minor.
5 12 (4) (3) The pregnant minor declares that the pregnant
5 13 minor is a victim of child abuse pursuant to section 232.68,
5 14 the person responsible for the care of the child is a parent
5 15 of the child, and either the abuse has been reported pursuant
5 16 to the procedures prescribed in chapter 232, division III,
5 17 part 2, or a parent of the child is named in a report of
5 18 founded child abuse. The department of human services shall
5 19 maintain confidentiality under chapter 232 and shall not
5 20 release any information in response to a request for public
5 21 records, discovery procedures, subpoena, or any other means,
5 22 unless the release of information is expressly authorized by
5 23 the pregnant minor regarding the pregnant minor's pregnancy
5 24 and abortion, if the abortion is obtained. A person who
5 25 knowingly violates the confidentiality provisions of this
5 26 subparagraph is guilty of a serious misdemeanor.
5 27 (5) (4) The pregnant minor declares that the pregnant
5 28 minor is a victim of sexual abuse as defined in chapter 709
5 29 and has reported the sexual abuse to law enforcement.
5 30 n. A licensed physician who knowingly performs an abortion
5 31 in violation of this section is guilty of a serious
5 32 misdemeanor.
5 33 o. All records and files of a court proceeding maintained
5 34 under this section shall be destroyed by the clerk of court
5 35 when one year has elapsed from any of the following, as
6 1 applicable:
6 2 (1) The date that the court issues an order waiving the
6 3 notification consent requirements.
6 4 (2) The date after which the court denies the petition for
6 5 waiver of notification consent and the decision is not
6 6 appealed.
6 7 (3) The date after which the court denies the petition for
6 8 waiver of notification consent, the decision is appealed, and
6 9 all appeals are exhausted.
6 10 p. A person who knowingly violates the confidentiality
6 11 requirements of this section relating to court proceedings and
6 12 documents is guilty of a serious misdemeanor.
6 13 Sec. 3. Section 135L.6, Code 2003, is amended to read as
6 14 follows:
6 15 135L.6 FRAUDULENT PRACTICE.
6 16 A person who does any of the following is guilty of a
6 17 fraudulent practice in the fourth degree pursuant to section
6 18 714.12:
6 19 1. Knowingly tenders a false original or copy of the
6 20 signed and dated certification form described in section
6 21 135L.2, to be retained by the licensed physician.
6 22 2. Knowingly A person who knowingly tenders a false
6 23 original or copy of the notification consent document mailed
6 24 to a parent or grandparent of the pregnant minor under this
6 25 chapter, or a false original or copy of the order waiving
6 26 notification consent relative to the performance of an
6 27 abortion on a pregnant minor is guilty of a fraudulent
6 28 practice in the fourth degree pursuant to section 714.12.
6 29 Sec. 4. Section 135L.7, subsection 1, Code 2003, is
6 30 amended to read as follows:
6 31 1. With the exception of the civil liability which may
6 32 apply to a grandparent of a pregnant minor who accepts
6 33 notification under this chapter, a A person is immune from any
6 34 liability, civil or criminal, for any act, omission, or
6 35 decision made in connection with a good faith effort to comply
7 1 with the provisions of this chapter.
7 2 Sec. 5. Section 135L.8, Code 2003, is amended to read as
7 3 follows:
7 4 135L.8 ADOPTION OF RULES == IMPLEMENTATION AND DOCUMENTS.
7 5 The Iowa department of public health shall adopt rules to
7 6 implement the notification consent procedures pursuant to this
7 7 chapter including but not limited to rules regarding the
7 8 documents necessary for notification obtaining consent of a
7 9 parent or grandparent of a pregnant minor who is designated to
7 10 receive notification provide consent under this chapter.
7 11 Sec. 6. Section 232.5, Code 2003, is amended to read as
7 12 follows:
7 13 232.5 ABORTION PERFORMED ON A MINOR == WAIVER OF
7 14 NOTIFICATION CONSENT PROCEEDINGS.
7 15 The court shall have exclusive jurisdiction over the
7 16 proceedings for the granting of an order for waiver of the
7 17 notification consent requirements relating to the performance
7 18 of an abortion on a minor pursuant to section 135L.3.
7 19 Sec. 7. Section 135L.2, Code 2003, is repealed.
7 20 EXPLANATION
7 21 This bill amends Code chapter 135L to require consent of a
7 22 parent prior to the performance of an abortion on a minor.
7 23 Current law requires notification of a parent at least 48
7 24 hours prior to the performance of an abortion on a minor. The
7 25 bill provides that if a minor objects to the obtaining of
7 26 consent of a parent, the minor may petition the court to waive
7 27 the required obtaining of consent. The requirement of
7 28 obtaining consent does not apply if: the abortion is
7 29 authorized in writing by a parent from whom consent would
7 30 otherwise be required; the pregnant minor's physician provides
7 31 written certification that a medical emergency exists which
7 32 necessitates the immediate performance of an abortion; the
7 33 pregnant minor declares that she is a victim of child abuse;
7 34 or the pregnant minor declares that she is a victim of sexual
7 35 abuse.
8 1 The bill provides that a person who knowingly tenders a
8 2 false original or copy of the consent document or a false
8 3 original or copy of the order waiving the consent requirement
8 4 is guilty of a fraudulent practice in the fourth degree which
8 5 is a serious misdemeanor which carries a penalty of a fine of
8 6 at least $250 but not to exceed $1,500 and may in addition
8 7 include imprisonment not to exceed one year.
8 8 The bill also provides immunity from liability for a person
8 9 acting in good faith compliance with the Code chapter.
8 10 LSB 6114YH 80
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