House File 2163 - Introduced HOUSE FILE 2163 BY SALMON , HEARTSILL , WHEELER , SHEETS , WATTS , PETTENGILL , GASSMAN , GUSTAFSON , JACOBSEN , HOLT , KOESTER , BAXTER , FISHER , KERR , DOLECHECK , LUNDGREN , HAGER , MOORE , LANDON , and ROGERS A BILL FOR An Act recognizing the rights and protections accorded 1 each life from the moment of fetal heartbeat detection, 2 prohibiting the performance of an abortion if a fetal 3 heartbeat is detected, providing for licensee discipline, 4 and providing a repeal. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5124YH (11) 87 pf/rh

H.F. 2163 DIVISION I 1 RIGHTS AND PROTECTIONS BEGINNING AT FETAL HEARTBEAT DETECTION 2 Section 1. NEW SECTION . 1.19 Rights and protections 3 beginning at fetal heartbeat detection —— construction. 4 1. The sovereign state of Iowa recognizes that life is 5 valued and protected, and each life, from the moment the fetal 6 heartbeat is detected in accordance with section 146B.2, is 7 accorded the same rights and protections, including the right 8 to life, guaranteed to all persons by the Constitution of the 9 United States, the Constitution of the State of Iowa, and the 10 laws of this state. 11 2. This section shall not be construed to create or 12 recognize a right to an abortion, to impose civil or criminal 13 liability on a woman upon whom an abortion is performed, or to 14 prohibit the use of any means of contraception as defined in 15 section 146B.1. 16 DIVISION II 17 HEARTBEAT PROTECTION ACT 18 Sec. 2. NEW SECTION . 146B.01 Title. 19 This chapter shall be known and may be cited as the 20 “Heartbeat Protection Act” . 21 Sec. 3. Section 146B.1, Code 2018, is amended by adding the 22 following new subsections: 23 NEW SUBSECTION . 01. “Abortifacient” means a method of 24 inhibiting the development of a human pregnancy at any stage 25 following conception. 26 NEW SUBSECTION . 2A. “Contraception” means a method of 27 inhibiting the development of a human pregnancy at any stage 28 prior to conception. “Contraception” does not include an 29 abortifacient. 30 NEW SUBSECTION . 4A. “Fetal heartbeat” means cardiac 31 activity, the steady and repetitive rhythmic contraction of the 32 fetal heart within the gestational sac. 33 NEW SUBSECTION . 10A. “Pregnancy” means the human female 34 reproductive condition that begins with fertilization when 35 -1- LSB 5124YH (11) 87 pf/rh 1/ 5

H.F. 2163 the female is carrying the developing human offspring and is 1 calculated from the first day of the last menstrual period of 2 the human female. 3 Sec. 4. Section 146B.1, subsections 7 and 11, Code 2018, are 4 amended by striking the subsections. 5 Sec. 5. Section 146B.2, Code 2018, is amended by striking 6 the section and inserting in lieu thereof the following: 7 146B.2 Prohibition of abortion based on detection of fetal 8 heartbeat —— exceptions —— licensee discipline. 9 1. Except in the case of a medical emergency, an abortion 10 shall not be performed or be attempted to be performed unless 11 the physician performing the abortion has first complied with 12 the prerequisites of chapter 146A and has tested, and certified 13 in the pregnant woman’s medical record the testing of, the 14 pregnant woman as specified in this subsection, to determine if 15 a fetal heartbeat is detectable. 16 a. In testing for a detectable fetal heartbeat, the 17 physician shall perform an abdominal ultrasound, necessary to 18 detect a fetal heartbeat according to standard medical practice 19 and including the use of medical devices, as determined by 20 standard medical practice and specified by rule of the board 21 of medicine. 22 b. Following the testing of the pregnant woman for a 23 detectable fetal heartbeat, the physician shall inform the 24 pregnant woman, in writing, of all of the following: 25 (1) Whether a fetal heartbeat was detected. 26 (2) That if a fetal heartbeat was detected, an abortion is 27 prohibited. 28 c. Upon receipt of the written information, the pregnant 29 woman shall sign a form acknowledging that the pregnant woman 30 has received the information as required under this subsection, 31 and a copy of the signed acknowledgment shall be included in 32 the pregnant woman’s medical record. 33 2. A physician shall not perform or attempt to perform an 34 abortion upon a pregnant woman when it has been determined, by 35 -2- LSB 5124YH (11) 87 pf/rh 2/ 5

H.F. 2163 the physician performing the abortion or by another physician 1 upon whose determination that physician relies, that the 2 unborn child has a detectable fetal heartbeat, unless, in the 3 physician’s reasonable medical judgment, a medical emergency 4 exists. 5 3. Failure of a physician to comply with this section is 6 grounds for licensee discipline under chapter 148. 7 4. This section shall not be construed to do any of the 8 following: 9 a. Create or recognize a right to an abortion. 10 b. Impose civil or criminal liability on a woman upon whom 11 an abortion is performed. 12 c. Prohibit the sale, use, prescription, or administration 13 of a measure, drug, or chemical designed for the purposes of 14 contraception. 15 5. The board of medicine shall adopt rules pursuant to 16 chapter 17A to administer this section. 17 Sec. 6. REPEAL. Section 146B.3, Code 2018, is repealed. 18 DIVISION III 19 CONFORMING PROVISIONS 20 Sec. 7. Section 146A.1, subsection 6, Code 2018, is amended 21 to read as follows: 22 6. As used in this section , “medical emergency” and “unborn 23 child” means an individual organism of the species homo sapiens 24 from fertilization to live birth mean the same as defined in 25 section 146B.1 . 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 includes provisions relating to the rights of 30 protection accorded each life and the prohibition against 31 abortion, based on detection of a fetal heartbeat. The bill is 32 organized into divisions. 33 Division I provides for the recognition that each life 34 begins at the moment the fetal heartbeat is detected, and that 35 -3- LSB 5124YH (11) 87 pf/rh 3/ 5

H.F. 2163 at that point is accorded the same rights and protections 1 guaranteed to all persons by the Constitution of the United 2 States, the Constitution of the State of Iowa, and the laws of 3 this state. This provision is not to be construed to create or 4 recognize a right to an abortion, to impose civil or criminal 5 liability on a woman upon whom an abortion is performed, or to 6 prohibit the use of any means of contraception. 7 Division II repeals or strikes and replaces portions of Code 8 chapter 146B (abortion —— limitations and prerequisites) which 9 prohibits the abortion of an unborn child (defined in Code 10 section 146B.1 as an individual organism of the species homo 11 sapiens from fertilization until live birth) from 20 or more 12 weeks postfertilization age, to instead prohibit an abortion 13 from the time an unborn child has a detectable heartbeat. The 14 bill also provides definitions, provides for the manner in 15 which a physician is to test for a detectable fetal heartbeat, 16 requires written information to be provided to a pregnant woman 17 following the testing for a fetal heartbeat, and requires that 18 upon receipt of the written information, the pregnant woman 19 shall sign a form acknowledging receipt of the information and 20 a copy of the signed acknowledgment is to be included in the 21 woman’s medical record. 22 The division prohibits a physician from performing or 23 attempting to perform an abortion upon a pregnant woman when it 24 has been determined, by the physician performing the abortion 25 or by another physician upon whose determination that physician 26 relies, that the unborn child has a detectable fetal heartbeat, 27 unless, in the physician’s reasonable medical judgment, a 28 medical emergency exists. Failure of a physician to comply 29 with the division is grounds for licensee discipline under Code 30 chapter 148 (medicine and surgery and osteopathic medicine 31 and surgery). The division is not to be construed to create 32 or recognize a right to an abortion; impose civil or criminal 33 liability on a woman upon whom an abortion is performed; or 34 to prohibit the sale, use, prescription, or administration 35 -4- LSB 5124YH (11) 87 pf/rh 4/ 5

H.F. 2163 of a measure, drug, or chemical designed for the purposes of 1 contraception. The board of medicine is required to adopt 2 rules pursuant to Code chapter 17A to administer the provisions 3 of the division. 4 Division III of the bill makes a conforming change to Code 5 chapter 146A to provide a consistent definition of “medical 6 emergency” in both Code chapters 146A and 146B. 7 -5- LSB 5124YH (11) 87 pf/rh 5/ 5