SENATE FILE 39

BY  JOHNSON, SORENSON, FEENSTRA, BEHN, ANDERSON, ZAUN, BOETTGER, and SEYMOUR

A BILL FOR

An Act relating to informed consent to an abortion and providing a criminal penalty, and providing effective dates.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  NEW SECTION.  146A.1  Title.
   This chapter shall be known and may be cited as the “Woman’s Right to Know Act”.
   Sec. 2.  NEW SECTION.  146A.2  Definitions.
   As used in this chapter, unless the context otherwise requires: 
   1.  “Abortion” means abortion as defined in section 146.1.
   2.  “Attempt to perform an unlawful abortion” means an act, or an omission of an act required by law, that constitutes a substantial step in a course of conduct intended to culminate in the performance of an abortion in violation of this chapter. 
   3.  “Department” means the department of public health.
   4.  “Medical emergency” means any condition which, on the basis of a physician’s good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate performance of an abortion to avert the pregnant woman’s death, or to necessitate the immediate performance of an abortion to avert a serious risk of substantial and irreversible impairment of a major bodily function if the performance of the abortion is delayed. 
   5.  “Physician” means a person licensed to practice medicine and surgery or osteopathic medicine and surgery pursuant to chapter 148.
   Sec. 3.  NEW SECTION.  146A.3  Voluntary and informed consent.
   1.  An abortion shall not be performed in this state without the voluntary and informed consent of the woman upon whom the abortion is to be performed. Except in the case of a medical emergency, consent to an abortion is voluntary and informed only if the requirements of this section are met. 
   2.  The referring physician, the physician who will perform the abortion, or an agent of either physician shall provide all of the following information to the woman by telephone, by audiotape, or in person, at the time the woman initially contacts the physician’s private office or a facility that provides abortions to inquire about or to schedule an appointment for an abortion:
   a.  Information that medical assistance benefits may be available to the woman for prenatal care, childbirth, and neonatal care.
   b.  Information that the putative father is liable to assist in the support of the child and that efforts to collect support may result in, but are not guaranteed to result in, financial support of the child, even if the putative father has offered to pay for the abortion.
   c.  Information that the woman has the right to review the printed materials described in subsection 3.
   d.  Information that the woman has the right to have an opportunity to receive and view an active ultrasound of the fetus at least twenty-four hours before an abortion is performed.
   3.
  a.  After being informed of the woman’s right to review printed materials pursuant to subsection 2, if the woman wishes to review the materials, all of the following shall apply:
   (1)  If the department establishes an internet site, the woman shall be informed that the materials are available through a state-sponsored internet site and shall be informed of the internet site address.
   (2)  If the woman initially contacts the physician’s private office or a facility that provides abortions in person, the materials shall be provided to the woman at that time.
   (3)  If the woman initially contacts the physician’s private office or a facility that provides abortions by telephone and wishes to review the materials, the materials shall be mailed to the woman by regular mail or by restricted certified mail, as defined in section 618.15, as requested by the woman.
   (4)  The woman shall be informed that the materials have been provided by the state and that they describe the fetus and list agencies that offer alternatives to abortion.
   b.  The printed materials shall include all of the following:
   (1)  Geographically indexed materials designed to inform the woman of public and private agencies and services available to assist a woman through pregnancy, at the time of childbirth, and while the child is dependent, including adoption agencies. The materials shall include a comprehensive list of the agencies available, categorized by the type of services offered, and a description of the manner, including telephone numbers, in which the agencies may be contacted. The department may also provide a toll-free, twenty-four-hour-a-day telephone number which may be called to obtain, orally, a list and description of agencies in the locality of the caller and of the services offered.
   (2)  Materials that encourage consideration of placement for adoption. The materials shall inform the woman of the benefits of adoption, including the requirements of confidentiality in the adoption process, the importance of adoption to individuals and society, and the state’s interest in promoting adoption by preferring childbirth over abortion.
   (3)  Materials designed to inform the woman of the probable anatomical and physiological characteristics of the fetus at two-week gestational increments from the time that it is medically possible to make a determination of pregnancy to full term. The materials shall include any relevant information regarding the possibility of the survival of the fetus and pictures or drawings representing the development of the fetus at two-week gestational increments, provided that any pictures or drawings shall contain the dimensions of the fetus and shall be realistic and appropriate for the state of pregnancy depicted. The materials shall be objective, nonjudgmental, and designed to convey only accurate scientific information about the fetus at various gestational stages. The materials shall also contain objective information describing the methods of abortion procedures commonly used, the medical risks commonly associated with each such procedure, the possible detrimental psychological effects of abortion, and the medical risks commonly associated with carrying a fetus to term.
   4.  A physician shall not perform an abortion on a woman unless both of the following conditions are met:
   a.  The physician obtains written certification that the information required pursuant to subsection 2 was provided to the woman. The physician shall retain a copy of the certification and shall provide a copy of the certification to the woman.
   b.  The physician certifies that the woman has been offered an opportunity to receive and view an active ultrasound of the fetus. The offer and opportunity to receive and view an ultrasound shall occur at least twenty-four hours before the abortion is scheduled to be performed. In order to comply with this requirement, the active ultrasound image must be of a quality consistent with standard medical practice in the community, must contain the dimensions of the fetus, and must accurately portray the presence of external members and internal organs, including the heartbeat, if present or viewable, of the fetus. The auscultation of the fetal heart tone also must be of a quality consistent with standard medical practice in the community. The physician shall document the woman’s response to the offer, including the date and time of the offer and the woman’s signature attesting to the woman’s informed decision.
   5.
  a.  By October 1, 2011, the department shall cause the information described in subsection 3 to be published in printed format. The information shall be provided in an easily comprehensible manner. The information shall be published in a typeface large enough to be clearly legible. The printed information shall be available from the department at no cost, upon request, and in an appropriate number, to any person.
   b.  The department may establish and maintain an internet site to provide the information described in subsection 3. The internet site shall provide for confidentiality of individuals who access the site and no information identifying the individual shall be collected or maintained. The department shall monitor the internet site to ensure that the site is secure and to prevent and correct any tampering with the site.
   Sec. 4.  NEW SECTION.  146A.4  Procedure in case of medical emergency.
   If a medical emergency necessitates the performance of an abortion, the physician shall inform the woman, prior to the performance of the abortion, if possible, of the medical indications supporting the physician’s judgment that the immediate performance of an abortion is necessary to avert the woman’s death or that a delay in the performance of an abortion will create a serious risk of substantial and irreversible impairment of a major bodily function.
   Sec. 5.  NEW SECTION.  146A.5  Criminal penalties.
   1.  A person who knowingly or recklessly performs or attempts to perform an abortion in violation of this chapter is guilty of a simple misdemeanor.
   2.  A criminal penalty shall not be imposed under this chapter on a woman upon whom an abortion is performed or attempted to be performed. A criminal penalty shall not be imposed for failure of a woman to comply with the requirement of written certification pursuant to section 146A.3, if the department has not made the information available at the time the physician or the physician’s agent is required to inform the woman of the woman’s right to review the information.
   Sec. 6.  NEW SECTION.  146A.6  Protection of privacy in court proceedings—— penalty.
   1.  In every criminal proceeding brought pursuant to this chapter, the court proceedings shall be conducted in a manner which protects the confidentiality of the woman, and all court documents pertaining to the proceedings shall remain confidential and shall be sealed. The court shall direct the exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the woman’s identity from public disclosure.
   2.  This section shall not be construed to conceal the identity of witnesses from the defendant.
   3.  A person who knowingly violates the confidentiality requirements of this section relating to court proceedings and documents is guilty of a simple misdemeanor.
   Sec. 7.  Effective dates.
   1.  The provisions of this Act requiring the department of public health to publish information described in section 146A.3, subsection 3, as enacted in this Act, by October 1, 2011, being deemed of immediate importance, take effect upon enactment.
   2.  The remainder of this Act takes effect October 1, 2011.
EXPLANATION
   This bill establishes new Code chapter 146A, relating to informed consent prior to an abortion. The Code chapter is known and cited as the “Woman’s Right to Know Act”.
   The bill specifies the required informed consent provisions, including provision of certain information to a woman by the physician or an agent of the physician, and required certification by the woman of provision to the woman of the required information, receipt of the certification by the physician prior to the performance of an abortion, and receipt of documentation by the physician regarding the offering of an active ultrasound, prior to the performance of an abortion. The bill requires the department of public health to publish information by October 1, 2011, relating to options for managing a pregnancy. The bill authorizes the department to establish and maintain an internet site to provide the information.
   The bill also provides for alternatives to providing informed consent in the case of a medical emergency.
   The bill establishes a criminal penalty of a simple misdemeanor for a person who knowingly or recklessly performs or attempts to perform an abortion in violation of the new Code chapter. The bill prohibits the imposition of a criminal penalty against a woman upon whom an abortion is performed or attempted to be performed, and prohibits the imposition of a criminal penalty against a woman for failure to comply with certification requirements if the department has not made the printed materials available as required. The bill also provides for protection of confidentiality of a woman relative to criminal court proceedings with regard to an action under the new Code chapter.
   The provisions relating to the department of public health publishing information as prescribed in the bill take effect upon enactment. The remainder of the bill takes effect October 1, 2011.