Senate
File
2001
-
Introduced
SENATE
FILE
2001
BY
JOHNSON
A
BILL
FOR
An
Act
relating
to
informed
consent
to
an
abortion
and
1
providing
a
criminal
penalty,
and
providing
effective
dates.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
146A.1
Title.
1
This
chapter
shall
be
known
and
may
be
cited
as
the
“Woman’s
2
Right
to
Know
Act”.
3
Sec.
2.
NEW
SECTION
.
146A.2
Definitions.
4
As
used
in
this
chapter,
unless
the
context
otherwise
5
requires:
6
1.
“Abortion”
means
abortion
as
defined
in
section
146.1.
7
2.
“Attempt
to
perform
an
unlawful
abortion”
means
an
act,
8
or
an
omission
of
an
act
required
by
law,
that
constitutes
a
9
substantial
step
in
a
course
of
conduct
intended
to
culminate
10
in
the
performance
of
an
abortion
in
violation
of
this
chapter.
11
3.
“Department”
means
the
department
of
public
health.
12
4.
“Medical
emergency”
means
any
condition
which,
on
13
the
basis
of
a
physician’s
good
faith
clinical
judgment,
14
so
complicates
the
medical
condition
of
a
pregnant
woman
15
as
to
necessitate
the
immediate
performance
of
an
abortion
16
to
avert
the
pregnant
woman’s
death,
or
to
necessitate
the
17
immediate
performance
of
an
abortion
to
avert
a
serious
risk
18
of
substantial
and
irreversible
impairment
of
a
major
bodily
19
function
if
the
performance
of
the
abortion
is
delayed.
20
5.
“Physician”
means
a
person
licensed
to
practice
medicine
21
and
surgery
or
osteopathic
medicine
and
surgery
pursuant
to
22
chapter
148.
23
Sec.
3.
NEW
SECTION
.
146A.3
Voluntary
and
informed
consent.
24
1.
An
abortion
shall
not
be
performed
in
this
state
without
25
the
voluntary
and
informed
consent
of
the
woman
upon
whom
the
26
abortion
is
to
be
performed.
Except
in
the
case
of
a
medical
27
emergency,
consent
to
an
abortion
is
voluntary
and
informed
28
only
if
the
requirements
of
this
section
are
met.
29
2.
The
referring
physician,
the
physician
who
will
perform
30
the
abortion,
or
an
agent
of
either
physician
shall
provide
31
all
of
the
following
information
to
the
woman
by
telephone,
32
by
audiotape,
or
in
person,
at
the
time
the
woman
initially
33
contacts
the
physician’s
private
office
or
a
facility
34
that
provides
abortions
to
inquire
about
or
to
schedule
an
35
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appointment
for
an
abortion:
1
a.
Information
that
medical
assistance
benefits
may
be
2
available
to
the
woman
for
prenatal
care,
childbirth,
and
3
neonatal
care.
4
b.
Information
that
the
putative
father
is
liable
to
assist
5
in
the
support
of
the
child
and
that
efforts
to
collect
support
6
may
result
in,
but
are
not
guaranteed
to
result
in,
financial
7
support
of
the
child,
even
if
the
putative
father
has
offered
8
to
pay
for
the
abortion.
9
c.
Information
that
the
woman
has
the
right
to
review
the
10
printed
materials
described
in
subsection
3.
11
d.
Information
that
the
woman
has
the
right
to
have
an
12
opportunity
to
receive
and
view
an
active
ultrasound
of
13
the
fetus
at
least
twenty-four
hours
before
an
abortion
is
14
performed.
15
3.
a.
After
being
informed
of
the
woman’s
right
to
review
16
printed
materials
pursuant
to
subsection
2,
if
the
woman
wishes
17
to
review
the
materials,
all
of
the
following
shall
apply:
18
(1)
If
the
department
establishes
an
internet
site,
the
19
woman
shall
be
informed
that
the
materials
are
available
20
through
a
state-sponsored
internet
site
and
shall
be
informed
21
of
the
internet
site
address.
22
(2)
If
the
woman
initially
contacts
the
physician’s
private
23
office
or
a
facility
that
provides
abortions
in
person,
the
24
materials
shall
be
provided
to
the
woman
at
that
time.
25
(3)
If
the
woman
initially
contacts
the
physician’s
private
26
office
or
a
facility
that
provides
abortions
by
telephone
and
27
wishes
to
review
the
materials,
the
materials
shall
be
mailed
28
to
the
woman
by
regular
mail
or
by
restricted
certified
mail,
29
as
defined
in
section
618.15,
as
requested
by
the
woman.
30
(4)
The
woman
shall
be
informed
that
the
materials
have
been
31
provided
by
the
state
and
that
they
describe
the
fetus
and
list
32
agencies
that
offer
alternatives
to
abortion.
33
b.
The
printed
materials
shall
include
all
of
the
following:
34
(1)
Geographically
indexed
materials
designed
to
inform
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the
woman
of
public
and
private
agencies
and
services
1
available
to
assist
a
woman
through
pregnancy,
at
the
time
2
of
childbirth,
and
while
the
child
is
dependent,
including
3
adoption
agencies.
The
materials
shall
include
a
comprehensive
4
list
of
the
agencies
available,
categorized
by
the
type
of
5
services
offered,
and
a
description
of
the
manner,
including
6
telephone
numbers,
in
which
the
agencies
may
be
contacted.
The
7
department
may
also
provide
a
toll-free,
twenty-four-hour-a-day
8
telephone
number
which
may
be
called
to
obtain,
orally,
a
list
9
and
description
of
agencies
in
the
locality
of
the
caller
and
10
of
the
services
offered.
11
(2)
Materials
that
encourage
consideration
of
placement
for
12
adoption.
The
materials
shall
inform
the
woman
of
the
benefits
13
of
adoption,
including
the
requirements
of
confidentiality
in
14
the
adoption
process,
the
importance
of
adoption
to
individuals
15
and
society,
and
the
state’s
interest
in
promoting
adoption
by
16
preferring
childbirth
over
abortion.
17
(3)
Materials
designed
to
inform
the
woman
of
the
probable
18
anatomical
and
physiological
characteristics
of
the
fetus
19
at
two-week
gestational
increments
from
the
time
that
it
is
20
medically
possible
to
make
a
determination
of
pregnancy
to
full
21
term.
The
materials
shall
include
any
relevant
information
22
regarding
the
possibility
of
the
survival
of
the
fetus
and
23
pictures
or
drawings
representing
the
development
of
the
fetus
24
at
two-week
gestational
increments,
provided
that
any
pictures
25
or
drawings
shall
contain
the
dimensions
of
the
fetus
and
26
shall
be
realistic
and
appropriate
for
the
state
of
pregnancy
27
depicted.
The
materials
shall
be
objective,
nonjudgmental,
and
28
designed
to
convey
only
accurate
scientific
information
about
29
the
fetus
at
various
gestational
stages.
The
materials
shall
30
also
contain
objective
information
describing
the
methods
of
31
abortion
procedures
commonly
used,
the
medical
risks
commonly
32
associated
with
each
such
procedure,
the
possible
detrimental
33
psychological
effects
of
abortion,
and
the
medical
risks
34
commonly
associated
with
carrying
a
fetus
to
term.
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4.
A
physician
shall
not
perform
an
abortion
on
a
woman
1
unless
both
of
the
following
conditions
are
met:
2
a.
The
physician
obtains
written
certification
that
the
3
information
required
pursuant
to
subsection
2
was
provided
4
to
the
woman.
The
physician
shall
retain
a
copy
of
the
5
certification
and
shall
provide
a
copy
of
the
certification
to
6
the
woman.
7
b.
The
physician
certifies
that
the
woman
has
been
offered
8
an
opportunity
to
receive
and
view
an
active
ultrasound
of
9
the
fetus.
The
offer
and
opportunity
to
receive
and
view
an
10
ultrasound
shall
occur
at
least
twenty-four
hours
before
the
11
abortion
is
scheduled
to
be
performed.
In
order
to
comply
12
with
this
requirement,
the
active
ultrasound
image
must
be
13
of
a
quality
consistent
with
standard
medical
practice
in
14
the
community,
must
contain
the
dimensions
of
the
fetus,
and
15
must
accurately
portray
the
presence
of
external
members
16
and
internal
organs,
including
the
heartbeat,
if
present
or
17
viewable,
of
the
fetus.
The
auscultation
of
the
fetal
heart
18
tone
also
must
be
of
a
quality
consistent
with
standard
medical
19
practice
in
the
community.
The
physician
shall
document
the
20
woman’s
response
to
the
offer,
including
the
date
and
time
of
21
the
offer
and
the
woman’s
signature
attesting
to
the
woman’s
22
informed
decision.
23
5.
a.
By
October
1,
2010,
the
department
shall
cause
24
the
information
described
in
subsection
2
to
be
published
in
25
printed
format.
The
information
shall
be
provided
in
an
easily
26
comprehensible
manner.
The
information
shall
be
published
in
27
a
typeface
large
enough
to
be
clearly
legible.
The
printed
28
information
shall
be
available
from
the
department
at
no
cost,
29
upon
request,
and
in
an
appropriate
number,
to
any
person.
30
b.
The
department
may
establish
and
maintain
an
internet
31
site
to
provide
the
information
described
in
subsection
2.
The
32
internet
site
shall
provide
for
confidentiality
of
individuals
33
who
access
the
site
and
no
information
identifying
the
34
individual
shall
be
collected
or
maintained.
The
department
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shall
monitor
the
internet
site
to
ensure
that
the
site
is
1
secure
and
to
prevent
and
correct
any
tampering
with
the
site.
2
Sec.
4.
NEW
SECTION
.
146A.4
Procedure
in
case
of
medical
3
emergency.
4
If
a
medical
emergency
necessitates
the
performance
of
5
an
abortion,
the
physician
shall
inform
the
woman,
prior
to
6
the
performance
of
the
abortion,
if
possible,
of
the
medical
7
indications
supporting
the
physician’s
judgment
that
the
8
immediate
performance
of
an
abortion
is
necessary
to
avert
the
9
woman’s
death
or
that
a
delay
in
the
performance
of
an
abortion
10
will
create
a
serious
risk
of
substantial
and
irreversible
11
impairment
of
a
major
bodily
function.
12
Sec.
5.
NEW
SECTION
.
146A.5
Criminal
penalties.
13
1.
A
person
who
knowingly
or
recklessly
performs
or
attempts
14
to
perform
an
abortion
in
violation
of
this
chapter
is
guilty
15
of
a
simple
misdemeanor.
16
2.
A
criminal
penalty
shall
not
be
imposed
under
this
17
chapter
on
a
woman
upon
whom
an
abortion
is
performed
or
18
attempted
to
be
performed.
A
criminal
penalty
shall
not
be
19
imposed
for
failure
of
a
woman
to
comply
with
the
requirement
20
of
written
certification
pursuant
to
section
146A.3,
if
the
21
department
has
not
made
the
information
available
at
the
time
22
the
physician
or
the
physician’s
agent
is
required
to
inform
23
the
woman
of
the
woman’s
right
to
review
the
information.
24
Sec.
6.
NEW
SECTION
.
146A.6
Protection
of
privacy
in
court
25
proceedings
——
penalty.
26
1.
In
every
criminal
proceeding
brought
pursuant
to
this
27
chapter,
the
court
proceedings
shall
be
conducted
in
a
manner
28
which
protects
the
confidentiality
of
the
woman,
and
all
29
court
documents
pertaining
to
the
proceedings
shall
remain
30
confidential
and
shall
be
sealed.
The
court
shall
direct
the
31
exclusion
of
individuals
from
courtrooms
or
hearing
rooms
to
32
the
extent
necessary
to
safeguard
the
woman’s
identity
from
33
public
disclosure.
34
2.
This
section
shall
not
be
construed
to
conceal
the
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identity
of
witnesses
from
the
defendant.
1
3.
A
person
who
knowingly
violates
the
confidentiality
2
requirements
of
this
section
relating
to
court
proceedings
and
3
documents
is
guilty
of
a
simple
misdemeanor.
4
Sec.
7.
EFFECTIVE
DATES.
5
1.
The
provisions
of
this
Act
requiring
the
department
6
of
public
health
to
publish
information
described
in
section
7
146A.3,
subsection
2,
as
enacted
in
this
Act,
by
October
1,
8
2010,
being
deemed
of
immediate
importance,
take
effect
upon
9
enactment.
10
2.
The
remainder
of
this
Act
takes
effect
October
1,
2010.
11
EXPLANATION
12
This
bill
establishes
new
Code
chapter
146A,
relating
to
13
informed
consent
prior
to
an
abortion.
The
Code
chapter
is
14
known
and
cited
as
the
“Woman’s
Right
to
Know
Act”.
15
The
bill
specifies
the
required
informed
consent
provisions,
16
including
provision
of
certain
information
to
a
woman
by
the
17
physician
or
an
agent
of
the
physician,
required
certification
18
by
the
woman
of
provision
to
the
woman
of
the
required
19
information,
receipt
of
the
certification
by
the
physician
20
prior
to
the
performance
of
an
abortion,
and
receipt
of
21
documentation
by
the
physician
regarding
the
offering
of
an
22
active
ultrasound,
prior
to
the
performance
of
an
abortion.
23
The
bill
requires
the
department
of
public
health
to
publish
24
information
by
October
1,
2010,
relating
to
options
for
25
managing
a
pregnancy.
The
bill
authorizes
the
department
26
to
establish
and
maintain
an
internet
site
to
provide
the
27
information.
28
The
bill
also
provides
for
alternatives
to
providing
29
informed
consent
in
the
case
of
a
medical
emergency.
30
The
bill
establishes
a
criminal
penalty
of
a
simple
31
misdemeanor
for
a
person
who
knowingly
or
recklessly
performs
32
or
attempts
to
perform
an
abortion
in
violation
of
the
new
33
Code
chapter.
The
bill
prohibits
the
imposition
of
a
criminal
34
penalty
against
a
woman
upon
whom
an
abortion
is
performed
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or
attempted
to
be
performed,
and
prohibits
the
imposition
1
of
a
criminal
penalty
against
a
woman
for
failure
to
comply
2
with
certification
requirements
if
the
department
has
not
made
3
the
printed
materials
available
as
required.
The
bill
also
4
provides
for
protection
of
confidentiality
of
a
woman
relative
5
to
criminal
court
proceedings
relating
to
an
action
under
the
6
new
Code
chapter.
7
The
provisions
relating
to
the
department
of
public
health
8
publishing
information
as
prescribed
in
the
bill
take
effect
9
upon
enactment.
The
remainder
of
the
bill
takes
effect
October
10
1,
2010.
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