S.F. 253 Section 1. Section 135.1, unnumbered paragraph 1, Code 1 2013, is amended to read as follows: 2 For the purposes of chapter 155 and Title IV, subtitle 2 , 3 excluding chapter 146 , unless otherwise defined: 4 Sec. 2. Section 135.11, subsections 10 and 12, Code 2013, 5 are amended to read as follows: 6 10. Enforce the law relative to chapter 146 and 7 “Health-related Professions”, Title IV, subtitle 3 , excluding 8 chapter 155 . 9 12. Establish, publish, and enforce rules not inconsistent 10 with law for the enforcement of the provisions of chapters 125 11 and 155 , and Title IV, subtitle 2 , excluding chapter 146 and 12 for the enforcement of the various laws, the administration and 13 supervision of which are imposed upon the department. 14 Sec. 3. Section 144.29A, subsections 1 and 2, Code 2013, are 15 amended to read as follows: 16 1. A health care provider who initially identifies and 17 diagnoses a spontaneous termination of pregnancy or who induces 18 a termination of pregnancy shall file with the department 19 a report for each termination within thirty days of the 20 occurrence. The health care provider shall make a good faith 21 effort to obtain all of the following information that is 22 available with respect to each termination: 23 a. The confidential health care provider code as assigned 24 by the department. 25 b. The report tracking number. 26 c. The maternal health services region of the Iowa 27 department of public health, as designated as of July 1, 1997, 28 in which the patient resides. 29 d. The race of the patient. 30 e. The age of the patient. 31 f. The marital status of the patient. 32 g. The educational level of the patient. 33 h. The number of previous pregnancies, live births, and 34 spontaneous or induced terminations of pregnancies. 35 -1- LSB 1316SS (4) 85 pf/nh 1/ 9

S.F. 253 i. The month and year in which the termination occurred. 1 j. The number of weeks since the patient’s last menstrual 2 period and a clinical estimate of gestation. 3 k. The method used for an induced termination, including 4 whether mifepristone was used. 5 2. It is the intent of the general assembly that the 6 information shall be collected, reproduced, released, and 7 disclosed in a manner specified by rule of the department, 8 adopted pursuant to chapter 17A , which ensures the anonymity 9 of the patient who experiences a termination of pregnancy, 10 the health care provider who identifies and diagnoses or 11 induces a termination of pregnancy, and the hospital, clinic, 12 or other health facility in which a termination of pregnancy 13 is identified and diagnosed or induced . The department may 14 share information with federal public health officials for 15 the purposes of securing federal funding or conducting public 16 health research. However, in sharing the information, the 17 department shall not relinquish control of the information, 18 and any agreement entered into by the department with federal 19 public health officials to share information shall prohibit the 20 use, reproduction, release, or disclosure of the information 21 by federal public health officials in a manner which violates 22 this section . The department shall publish, annually, a 23 demographic summary of the information obtained pursuant to 24 this section , except that the department shall not reproduce, 25 release, or disclose any information obtained pursuant to this 26 section which reveals the identity of any patient, health care 27 provider, hospital, clinic, or other health facility, and shall 28 ensure anonymity in the following ways: 29 a. The department may use information concerning the report 30 tracking number or concerning the identity of a reporting 31 health care provider, hospital, clinic, or other health 32 facility only for purposes of information collection. The 33 department shall not reproduce, release, or disclose this 34 information for any purpose other than for use in annually 35 -2- LSB 1316SS (4) 85 pf/nh 2/ 9

S.F. 253 publishing the demographic summary under this section . 1 b. The department shall enter the information, from 2 any report of termination submitted, within thirty days of 3 receipt of the report, and shall immediately destroy the 4 report following entry of the information. However, entry of 5 the information from a report shall not include any health 6 care provider, hospital, clinic, or other health facility 7 identification information including, but not limited to, the 8 confidential health care provider code, as assigned by the 9 department. 10 c. To protect confidentiality, the department shall limit 11 release of information to release in an aggregate form which 12 prevents identification of any individual patient, health care 13 provider, hospital, clinic, or other health facility. For the 14 purposes of this paragraph, “aggregate form” means a compilation 15 of the information received by the department on termination 16 of pregnancies for each information item listed, with the 17 exceptions of the report tracking number, the health care 18 provider code, and any set of information for which the amount 19 is so small that the confidentiality of any person to whom the 20 information relates may be compromised. The department shall 21 establish a methodology to provide a statistically verifiable 22 basis for any determination of the correct amount at which 23 information may be released so that the confidentiality of any 24 person is not compromised. 25 Sec. 4. Section 144.29A, subsection 8, Code 2013, is amended 26 by striking the subsection. 27 Sec. 5. Section 216.6, subsection 2, paragraph c, Code 2013, 28 is amended by striking the paragraph. 29 Sec. 6. Section 216.13, Code 2013, is amended to read as 30 follows: 31 216.13 Exceptions for retirement plans, abortion coverage, 32 life, disability, and health benefits. 33 The provisions of this chapter relating to discrimination 34 because of age do not apply to a retirement plan or benefit 35 -3- LSB 1316SS (4) 85 pf/nh 3/ 9

S.F. 253 system of an employer unless the plan or system is a mere 1 subterfuge adopted for the purpose of evading this chapter . 2 1. However, a retirement plan or benefit system shall not 3 require the involuntary retirement of a person under the age of 4 seventy because of that person’s age. This paragraph does not 5 prohibit the following: 6 a. The involuntary retirement of a person who has attained 7 the age of sixty-five and has for the two prior years been 8 employed in a bona fide executive or high policymaking position 9 and who is entitled to an immediate, nonforfeitable annual 10 retirement benefit from a pension, profit-sharing, savings, 11 or deferred compensation plan of the employer which equals 12 twenty-seven thousand dollars. This retirement benefit test 13 may be adjusted according to the regulations prescribed by 14 the United States secretary of labor pursuant to Pub. L. No. 15 95-256, section 3. 16 b. The involuntary retirement of a person covered by a 17 collective bargaining agreement which was entered into by a 18 labor organization and was in effect on September 1, 1977. 19 This exemption does not apply after the termination of that 20 agreement or January 1, 1980, whichever first occurs. 21 2. A health insurance program provided by an employer may 22 exclude coverage of abortion, except where the life of the 23 mother would be endangered if the fetus were carried to term or 24 where medical complications have arisen from an abortion. 25 3. 2. An employee welfare plan may provide life, disability 26 or health insurance benefits which vary by age based on 27 actuarial differences if the employer contributes equally for 28 all the participating employees or may provide for employer 29 contributions differing by age if the benefits for all the 30 participating employees do not vary by age. 31 Sec. 7. Section 602.8102, subsection 31, Code 2013, is 32 amended by striking the subsection. 33 Sec. 8. Section 707.7, Code 2013, is amended to read as 34 follows: 35 -4- LSB 1316SS (4) 85 pf/nh 4/ 9

S.F. 253 707.7 Feticide. 1 1. Any person who intentionally terminates a human 2 pregnancy, with the knowledge and voluntary consent of the 3 pregnant person, after the end of the second trimester of the 4 pregnancy where death of the fetus results , commits feticide. 5 Feticide is a class “C” “A” felony. 6 2. Any person who attempts to intentionally terminate a 7 human pregnancy, with the knowledge and voluntary consent of 8 the pregnant person, after the end of the second trimester of 9 the pregnancy where death of the fetus does not result , commits 10 attempted feticide. Attempted feticide is a class “D” “B” 11 felony. 12 3. Any person who terminates a human pregnancy, with the 13 knowledge and voluntary consent of the pregnant person, who 14 is not a person licensed to practice medicine and surgery 15 or osteopathic medicine and surgery under the provisions of 16 chapter 148 , commits a class “C” felony. For the purposes of 17 this section, “termination of a human pregnancy” means the use 18 of any means to terminate the pregnancy of a woman known to be 19 pregnant with the intent other than to produce a live birth 20 or to remove a dead fetus. “Termination of a human pregnancy ” 21 does not include a fetal death as defined in section 144.1 or 22 the spontaneous termination of pregnancy as defined in section 23 144.29A. 24 4. This section shall not apply to the termination of a 25 human pregnancy performed by a physician licensed in this state 26 to practice medicine or surgery or osteopathic medicine or 27 surgery when in the best clinical judgment of the physician 28 the termination is performed to preserve the life or health 29 of the pregnant person or of the fetus and every reasonable 30 medical effort not inconsistent with preserving the life of the 31 pregnant person is made to preserve the life of a viable fetus. 32 Section 703.1 relating to aiding and abetting and section 703.2 33 relating to joint criminal conduct shall apply to persons 34 knowingly participating or concerned in the commission of 35 -5- LSB 1316SS (4) 85 pf/nh 5/ 9

S.F. 253 feticide or attempted feticide under this section. 1 Sec. 9. Section 707.8, Code 2013, is amended to read as 2 follows: 3 707.8 Nonconsensual termination —— serious injury to a human 4 pregnancy. 5 1. A person who terminates a human pregnancy without the 6 consent of the pregnant person during the commission of a 7 forcible felony is guilty of a class “B” “A” felony. 8 2. A person who terminates a human pregnancy without 9 the consent of the pregnant person during the commission of 10 a felony or felonious assault is guilty of a class “C” “B” 11 felony. 12 3. A person who intentionally terminates a human pregnancy 13 without the knowledge and voluntary consent of the pregnant 14 person is guilty of a class “C” “A” felony. 15 4. A person who unintentionally terminates a human 16 pregnancy by any of the means provided pursuant to section 17 707.6A, subsection 1 , is guilty of a class “C” “B” felony. 18 5. A person who by force or intimidation procures the 19 consent of the pregnant person to a termination of a human 20 pregnancy is guilty of a class “C” “B” felony. 21 6. A person who unintentionally terminates a human 22 pregnancy while drag racing in violation of section 321.278 is 23 guilty of a class “D” “C” felony. 24 7. A person who unintentionally terminates a human 25 pregnancy without the knowledge and voluntary consent of the 26 pregnant person by the commission of an act in a manner likely 27 to cause the termination of or serious injury to a human 28 pregnancy is guilty of an aggravated misdemeanor a class “D” 29 felony . 30 8. A person commits an aggravated misdemeanor a class “D” 31 felony when the person intentionally causes serious injury 32 to a human pregnancy by the commission of an act in a manner 33 likely to cause the termination of or serious injury to a human 34 pregnancy. 35 -6- LSB 1316SS (4) 85 pf/nh 6/ 9

S.F. 253 9. A person commits an aggravated misdemeanor a class “D” 1 felony when the person unintentionally causes serious injury 2 to a human pregnancy by any of the means described in section 3 707.6A, subsection 1 . 4 10. A person commits a serious an aggravated misdemeanor 5 when the person unintentionally causes serious injury to a 6 human pregnancy by the commission of an act in a manner likely 7 to cause the termination of or serious injury to the human 8 pregnancy. 9 11. For the purposes of this section “serious injury to 10 a human pregnancy” means, relative to the human pregnancy, 11 disabling mental illness, or bodily injury which creates a 12 substantial risk of death or which causes serious permanent 13 disfigurement, or protracted loss or impairment of the function 14 of any bodily member or organ, and includes but is not limited 15 to skull fractures, rib fractures, and metaphyseal fractures 16 of the long bones. 17 12. As used in this section , actions which cause the 18 termination of or serious injury to a pregnancy do not apply 19 to any of the following: 20 a. An unintentional act or omission of the pregnant person. 21 b. A termination of or a serious injury to a pregnancy 22 which is caused by the performance of an approved medical 23 procedure performed by a person licensed in this state to 24 practice medicine and surgery or osteopathic medicine and 25 surgery, irrespective of the duration of the pregnancy and 26 with or without the voluntary consent of the pregnant person 27 when circumstances preclude the pregnant person from providing 28 consent. 29 c. An act committed in self-defense or in defense of another 30 person or any other act committed if legally justified or 31 excused. 32 Sec. 10. REPEALS. 33 1. Sections 232.5, 707.8A, 707.9, and 707.10, Code 2013, 34 are repealed. 35 -7- LSB 1316SS (4) 85 pf/nh 7/ 9

S.F. 253 2. Chapters 135L and 146, Code 2013, are repealed. 1 Sec. 11. SEVERABILITY. If any provision of this Act or 2 the application of this Act to any person or circumstances is 3 held invalid, the invalidity shall not affect other provisions 4 or applications of the Act which can be given effect without 5 the invalid provisions or application and, to this end, the 6 provisions of this Act are severable. 7 Sec. 12. EFFECTIVE UPON ENACTMENT. This Act, being deemed 8 of immediate importance, takes effect upon enactment. 9 EXPLANATION 10 This bill relates to prohibiting abortions. 11 The bill makes conforming changes throughout the Code to 12 eliminate any reference to allowing abortions or terminations 13 of pregnancy. The bill amends the termination of pregnancy 14 reporting section (Code section 144.29A) to only include the 15 reporting of spontaneous terminations of pregnancy. 16 The bill amends a Code section relating to unfair employment 17 practices (Code section 216.6) to eliminate references to 18 disabilities caused or contributed to by legal abortion. 19 The bill amends a Code section relating to discrimination 20 relating to health insurance abortion coverage (Code section 21 216.13) to eliminate the reference to abortion coverage. 22 The bill amends Code section 707.7 (feticide) to provide 23 for application of the elements of the crime of feticide 24 at any point in the pregnancy rather than only after the 25 end of the second trimester. The bill also increases the 26 penalty from a class “C” felony to a class “A” felony for the 27 intentional termination of a human pregnancy with the knowledge 28 and voluntary consent of the pregnant person when the death 29 of the fetus results. (A class “C” felony is punishable by 30 confinement for no more than 10 years and a fine of at least 31 $1,000 but not more than $10,000; and a class “A” felony is 32 punishable by confinement for life without possibility of 33 parole). The bill also increases the penalty from a class “D” 34 felony to a class “B” felony for the intentional termination of 35 -8- LSB 1316SS (4) 85 pf/nh 8/ 9

S.F. 253 a human pregnancy with the knowledge and voluntary consent of 1 the pregnant person when death of the fetus does not result. 2 (A class “D” felony is punishable by confinement for no more 3 than five years and a fine of at least $750 but not more than 4 $7,500; and a class “B” felony is punishable by confinement 5 for no more than 25 years.) The bill also provides that the 6 offenses of aiding and abetting and joint criminal conduct 7 apply to commission of a feticide. 8 The bill amends Code section 707.8 (nonconsensual 9 termination —— serious injury to a human pregnancy) to increase 10 the penalties for each offense. The amendment to the Code 11 section also exempts an act or omission by the pregnant person 12 only if the act or omission was unintentional. 13 The bill strikes and repeals Code provisions that relate 14 to allowing abortions under certain circumstances. The bill 15 repeals Code section 232.5 (abortion performed on a minor 16 —— waiver of notification proceedings), Code section 707.8A 17 (partial birth abortion), Code section 707.9 (murder of a fetus 18 aborted alive), Code section 707.10 (duty to preserve the life 19 of the fetus), Code chapter 135L (notification requirements 20 regarding pregnant minors), and Code chapter 146 (abortions —— 21 refusal to perform). The bill also makes conforming changes 22 to strike references to Code provisions stricken or repealed 23 in the bill. 24 The bill provides for severability of any provision 25 or application of the bill that is held invalid from the 26 provisions or applications of the bill which can be given 27 effect without the invalid provisions or application. The bill 28 takes effect upon enactment. 29 -9- LSB 1316SS (4) 85 pf/nh 9/ 9