H.F. 2084 Section 1. FINDINGS AND DECLARATIONS. The general assembly 1 finds or declares the following: 2 1. The general assembly finds that the Iowa supreme court 3 has not determined whether a woman has a fundamental right 4 to an abortion under the Constitution of the State of Iowa 5 distinct from any rights afforded by the Constitution of the 6 United States. 7 2. The general assembly declares that no fundamental right 8 to abortion exists under the Constitution of the State of Iowa. 9 3. Therefore, the general assembly finds that no right to 10 an abortion exists under the Constitution of the State of Iowa 11 that is coextensive with any right to an abortion under the 12 Constitution of the United States as determined by the United 13 States supreme court. 14 4. The general assembly declares the state’s clear interest 15 is in advancing a respect for and the rights of unborn human 16 life at any stage, and in protecting the health and safety of 17 women. 18 5. Further, the general assembly declares that this state 19 interest outweighs any right to abortion as no such right has 20 been determined by the Iowa supreme court to exist under the 21 Constitution of the State of Iowa or through any coextensive 22 right vaguely linked to a decision of the United States supreme 23 court under the Constitution of the United States. 24 6. The general assembly declares that the purpose of this 25 Act is to promote respect for and the rights of unborn human 26 life and to protect the health and safety of women. 27 7. Therefore, the general assembly declares that the 28 strength of the state’s justification in enacting this Act 29 outweighs the right of, and does not place an undue burden on 30 or a substantial obstacle in the way of, a woman seeking an 31 abortion. 32 8. In accordance with Article 5, sections 1 and 4 of the 33 Constitution of the State of Iowa, the general assembly imposes 34 a restriction on the state courts from judicially reviewing 35 -1- LSB 5133YH (6) 86 pf/rj 1/ 4

H.F. 2084 this Act. 1 Sec. 2. NEW SECTION . 146B.1 Medical abortions —— 2 restrictions —— in-person administration —— penalties. 3 1. For the purpose of this section: 4 a. “Medical abortion” means the use of a medication 5 including but not limited to mifepristone or ulipristal acetate 6 to terminate a pregnancy. 7 b. “Physician” means a person licensed to practice medicine 8 and surgery or osteopathic medicine and surgery pursuant to 9 chapter 148. 10 2. a. Only a physician shall prescribe, dispense, or 11 administer any medication for the purpose of inducing a medical 12 abortion. 13 b. Any physician prescribing, dispensing, or administering 14 a medication for the purpose of inducing a medical abortion 15 shall also comply with all federal regulations relating to the 16 prescribing, dispensing, and administering of such medication. 17 c. A physician shall only administer a medication for 18 the purpose of inducing a medical abortion in person and in 19 a clinic or hospital with the capacity to provide surgical 20 intervention in cases resulting in an incomplete abortion or 21 severe bleeding. 22 3. A physician who knowingly performs a medical abortion in 23 violation of this section is guilty of a serious misdemeanor 24 and is subject to revocation of licensure pursuant to chapter 25 148. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill relates to the performance of medical abortions. 30 The bill provides findings that the Iowa supreme court 31 has not determined whether a woman has a fundamental right 32 to an abortion under the Iowa Constitution distinct from any 33 rights afforded by the United States Constitution; the general 34 assembly declares that no fundamental right to abortion exists 35 -2- LSB 5133YH (6) 86 pf/rj 2/ 4

H.F. 2084 under the Iowa Constitution, and therefore declares that no 1 right to an abortion exists under the Iowa Constitution that 2 is coextensive with any right to an abortion under the United 3 States Constitution as determined by the United States supreme 4 court; the general assembly declares the state’s clear interest 5 is in advancing a respect for and the rights of unborn human 6 life at any stage, and in protecting the health and safety 7 of women and that this state interest outweighs any right to 8 abortion as no such right has been determined by the Iowa 9 supreme court to exist under the Iowa Constitution or through 10 any vague link to a coextensive right determined by the United 11 States supreme court under the United States Constitution; 12 the purpose of the bill is to promote respect for and the 13 rights of unborn human life and to protect the health and 14 safety of women; the strength of the state’s justification in 15 enacting the bill outweighs the right of, and does not place 16 an undue burden on or a substantial obstacle in the way of, 17 a woman seeking an abortion; and in accordance with Article 18 5, sections 1 and 4 of the Iowa Constitution (which vest 19 judicial power in a supreme court, district courts, and such 20 other courts, inferior to the supreme court, as the general 21 assembly may, from time to time, establish and which establish 22 the jurisdiction of the supreme court under such restrictions 23 as the general assembly may, by law, prescribe), the general 24 assembly imposes a restriction on the state courts from 25 judicially reviewing the bill. 26 The bill defines “medical abortion” as the use of a 27 medication including but not limited to mifepristone or 28 ulipristal acetate to terminate a pregnancy. The bill provides 29 that only a physician shall prescribe, dispense, or administer 30 any medication for the purpose of inducing a medical abortion. 31 Additionally, the bill requires that any physician prescribing, 32 dispensing, or administering a medication for the purpose of 33 inducing a medical abortion shall comply with all federal 34 regulations relating to such medication; and a physician shall 35 -3- LSB 5133YH (6) 86 pf/rj 3/ 4

H.F. 2084 only administer a medication for the purpose of inducing a 1 medical abortion in person and in a clinic or hospital with the 2 capacity to provide surgical intervention in cases resulting in 3 an incomplete abortion or severe bleeding. 4 A physician who knowingly performs a medical abortion in 5 violation of the bill is guilty of a serious misdemeanor and 6 is subject to revocation of licensure pursuant to Code chapter 7 148. A serious misdemeanor is punishable by confinement for no 8 more than one year or a fine of at least $315 but not more than 9 $1,875, or by both. 10 -4- LSB 5133YH (6) 86 pf/rj 4/ 4