House
File
2316
-
Introduced
HOUSE
FILE
2316
BY
THORUP
A
BILL
FOR
An
Act
relating
to
medication
abortions
and
providing
1
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
146E.1
Definitions.
1
As
used
in
this
section,
unless
the
context
otherwise
2
requires:
3
1.
“Abortion”
means
the
termination
of
a
human
pregnancy
4
with
the
intent
other
than
to
produce
a
live
birth
or
to
remove
5
a
dead
fetus.
6
2.
“Abortion-inducing
drug”
means
a
drug,
medicine,
mixture,
7
or
preparation,
prescribed
or
administered
with
the
intent
8
to
terminate
the
pregnancy
of
a
woman
known
to
be
pregnant.
9
“Abortion-inducing
drug”
includes
mifepristone
and
misoprostol.
10
3.
“Department”
means
the
department
of
public
health.
11
4.
“Medication
abortion”
means
an
abortion
induced
by
an
12
abortion-inducing
drug.
13
5.
“Medical
emergency”
means
the
same
as
defined
in
section
14
146B.1.
15
6.
“Outpatient
surgical
facility”
means
the
same
as
defined
16
in
section
135.61.
17
7.
“Stable”
with
reference
to
an
internet
website
means
18
a
website
that,
to
the
extent
reasonably
practicable,
is
19
safeguarded
from
having
its
content
altered
other
than
by
the
20
department.
21
Sec.
2.
NEW
SECTION
.
146E.2
Facility
where
medication
22
abortions
performed
——
posting
of
signs.
23
1.
A
private
office,
freestanding
outpatient
surgical
24
facility,
hospital,
or
other
facility
in
which
medication
25
abortions
are
performed
shall
conspicuously
post
a
sign
in
26
a
location
specified
in
this
section,
clearly
visible
to
27
patients,
which
reads
as
follows:
28
Recent
developing
research
has
indicated
that
mifepristone
29
alone
is
not
always
effective
in
ending
a
pregnancy.
It
may
30
be
possible
to
avoid,
cease,
or
even
to
reverse
the
intended
31
effects
of
a
medication
abortion
utilizing
an
abortion-inducing
32
drug
such
as
mifepristone
if
the
second
pill
has
not
been
33
taken.
Please
consult
with
a
health
care
professional
34
immediately.
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2.
The
sign
required
pursuant
to
subsection
1
shall
be
1
printed
with
lettering
that
is
legible
and
shall
be
at
least
2
three-quarters
of
an
inch
in
boldface
type.
3
3.
A
facility
in
which
medication
abortions
are
performed
4
that
is
a
private
office
or
a
freestanding
outpatient
surgical
5
facility
shall
post
the
required
sign
in
each
patient
waiting
6
room
and
patient
consultation
room
used
by
patients
on
whom
7
medication
abortions
are
performed.
A
hospital
or
any
other
8
facility
in
which
medication
abortions
are
performed
that
9
is
not
a
private
office
or
freestanding
outpatient
surgical
10
facility
shall
post
the
required
sign
in
each
patient
admission
11
area
used
by
patients
on
whom
medication
abortions
are
12
performed.
13
Sec.
3.
NEW
SECTION
.
146E.3
Medication
abortion
——
informed
14
consent.
15
1.
Except
in
the
case
of
a
medical
emergency,
in
addition
to
16
compliance
with
the
prerequisites
of
chapter
146A,
a
physician
17
shall
not
perform
or
attempt
to
perform
a
medication
abortion
18
involving
the
two-drug
process
of
first
dispensing
mifepristone
19
followed
by
the
dispensing
of
misoprostol
unless
the
physician
20
who
will
perform
the
medication
abortion,
the
referring
21
physician,
or
an
agent
of
either
physician
obtains
written
22
certification
from
the
pregnant
woman
that
the
woman
has
been
23
informed,
by
telephone
or
in
person,
at
least
twenty-four
hours
24
before
the
medication
abortion
of
all
of
the
following:
25
a.
It
may
be
possible
to
reverse
the
intended
effects
of
a
26
medication
abortion
utilizing
mifepristone
if
the
woman
changes
27
her
mind
but
that
time
is
of
the
essence.
28
b.
Information
on
and
assistance
with
reversing
the
effects
29
of
a
medication
abortion
utilizing
mifepristone
is
available
on
30
the
department’s
internet
site.
31
2.
Following
the
dispensing
of
mifepristone,
the
attending
32
physician
or
an
agent
of
the
attending
physician
shall
provide
33
written
medical
discharge
instructions
to
the
woman
which
must
34
include
the
following
statement:
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Recent
developing
research
has
indicated
that
mifepristone
1
alone
is
not
always
effective
in
ending
a
pregnancy.
It
may
2
be
possible
to
avoid,
cease,
or
even
to
reverse
the
intended
3
effects
of
a
medication
abortion
utilizing
an
abortion-inducing
4
drug
such
as
mifepristone
if
the
second
pill
has
not
been
5
taken.
Please
consult
with
a
health
care
professional
6
immediately.
7
3.
The
attending
physician
or
an
agent
of
the
attending
8
physician
shall
maintain
documentation
verifying
compliance
9
with
this
section
in
the
woman’s
medical
record.
10
Sec.
4.
NEW
SECTION
.
146E.4
Printed
information
and
11
internet
site.
12
1.
The
department
shall
publish,
in
English
and
in
each
13
language
which
is
the
primary
language
of
two
percent
or
14
more
of
the
state’s
population,
and
shall
make
available
15
on
the
department’s
internet
site,
materials
designed
to
16
inform
a
woman
of
the
possibility
of
reversing
the
effects
17
of
a
medication
abortion
utilizing
mifepristone
if
the
woman
18
changes
her
mind,
and
information
on
and
assistance
with
19
resources
that
may
be
available
to
help
reverse
the
effects
20
of
a
medication
abortion.
The
materials
shall
be
printed
or
21
typed
in
an
easy-to-read
font,
size,
and
style,
and
in
a
clear,
22
understandable
manner
calculated
to
ensure
that
the
information
23
is
easily
comprehensible.
24
2.
The
department
shall
ensure
that
the
department’s
25
internet
site
is
stable
and
information
regarding
internet
site
26
visits,
views,
or
hits
shall
not
be
collected
or
maintained.
27
The
department
shall
monitor
the
internet
site
on
a
daily
basis
28
to
prevent
and
correct
tampering.
29
Sec.
5.
NEW
SECTION
.
146E.5
Penalties.
30
1.
A
person
who
intentionally
performs
or
attempts
to
31
perform
a
medication
abortion
in
violation
of
this
chapter
is
32
guilty
of
a
class
“D”
felony.
33
2.
A
physician
or
physician’s
agent
shall
not
be
civilly
or
34
criminally
liable
for
failure
to
comply
with
section
146E.3,
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subsection
1,
paragraph
“b”
,
regarding
information
to
be
1
provided
on
the
department’s
internet
site
if
the
information
2
is
not
available
on
the
department’s
internet
site
at
the
time
3
the
physician
or
physician’s
agent
is
required
to
inform
a
4
woman
of
the
information.
5
3.
A
private
office,
freestanding
outpatient
surgical
6
facility,
hospital,
or
other
facility
that
intentionally
7
or
recklessly
fails
to
post
a
required
sign
in
violation
8
of
section
146E.2
shall
be
assessed
a
civil
penalty
of
ten
9
thousand
dollars.
Each
day
on
which
a
medication
abortion
is
10
performed,
not
including
a
medication
abortion
performed
in
a
11
medical
emergency,
during
which
the
required
sign
is
not
posted
12
during
business
hours
when
patients
or
prospective
patients
are
13
present,
constitutes
a
separate
violation.
14
4.
Failure
of
a
physician
to
comply
with
this
chapter
is
15
grounds
for
licensee
discipline
under
chapter
148.
16
Sec.
6.
NEW
SECTION
.
146E.6
Civil
remedies.
17
1.
A
woman
upon
whom
a
medication
abortion
has
been
18
performed
or
attempted
to
be
performed
in
violation
of
this
19
chapter
may
maintain
an
action
against
the
physician
who
20
performed
or
attempted
to
perform
the
medication
abortion
in
21
intentional
or
reckless
violation
of
this
chapter
for
actual
22
damages.
23
2.
A
parent
or
guardian
of
a
woman
who
is
less
than
eighteen
24
years
of
age
at
the
time
the
medication
abortion
was
performed
25
or
was
attempted
to
be
performed
upon
the
woman
in
violation
of
26
this
chapter
may
maintain
an
action
against
the
physician
who
27
performed
or
attempted
to
perform
the
medication
abortion
in
28
intentional
or
reckless
violation
of
this
chapter
for
actual
29
damages.
30
3.
If
the
plaintiff
prevails
in
an
action
brought
under
31
this
section,
the
plaintiff
shall
be
entitled
to
an
award
of
32
reasonable
attorney
fees.
33
4.
If
the
defendant
prevails
in
an
action
brought
under
34
this
section
and
the
court
finds
that
the
plaintiff’s
suit
was
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frivolous
and
brought
in
bad
faith,
the
defendant
shall
be
1
entitled
to
an
award
of
reasonable
attorney
fees.
2
5.
Damages
and
attorney
fees
shall
not
be
assessed
against
3
the
woman
upon
whom
a
medication
abortion
was
performed
or
4
attempted
except
as
provided
in
subsection
4.
5
6.
In
a
civil
proceeding
or
action
brought
under
this
6
chapter,
the
court
shall
rule
whether
the
anonymity
of
any
7
woman
upon
whom
a
medication
abortion
has
been
performed
or
8
attempted
shall
be
preserved
from
public
disclosure
if
the
9
woman
does
not
provide
consent
to
such
disclosure.
The
court,
10
upon
motion
or
on
its
own
motion,
shall
make
such
a
ruling
11
and,
upon
determining
that
the
woman’s
anonymity
should
be
12
preserved,
shall
issue
orders
to
the
parties,
witnesses,
13
and
counsel
and
shall
direct
the
sealing
of
the
record
and
14
exclusion
of
individuals
from
courtrooms
or
hearing
rooms
to
15
the
extent
necessary
to
safeguard
the
woman’s
identity
from
16
public
disclosure.
Each
such
order
shall
be
accompanied
by
17
specific
written
findings
explaining
why
the
anonymity
of
the
18
woman
should
be
preserved
from
public
disclosure,
why
the
order
19
is
essential
to
that
end,
how
the
order
is
narrowly
tailored
20
to
serve
that
interest,
and
why
no
reasonable
less
restrictive
21
alternative
exists.
In
the
absence
of
written
consent
of
the
22
woman
upon
whom
a
medication
abortion
has
been
performed
or
23
attempted,
anyone,
other
than
a
public
official,
who
brings
24
an
action
under
this
section
shall
do
so
under
a
pseudonym.
25
This
subsection
shall
not
be
construed
to
conceal
the
identity
26
of
the
plaintiff
or
of
witnesses
from
the
defendant
or
from
27
attorneys
for
the
defendant.
28
7.
This
chapter
shall
not
be
construed
to
impose
civil
or
29
criminal
liability
on
a
woman
upon
whom
a
medication
abortion
30
is
performed
or
attempted.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
relates
to
medication
abortions.
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A
medication
abortion
is
defined
in
the
bill
as
an
abortion
1
induced
by
an
abortion-inducing
drug,
defined
as
a
drug,
2
medicine,
mixture,
or
preparation,
when
it
is
prescribed
or
3
administered
with
the
intent
to
terminate
the
pregnancy
of
a
4
woman
known
to
be
pregnant.
An
abortion-inducing
drug
includes
5
mifepristone
and
misoprostol.
6
The
bill
requires
a
private
office,
freestanding
outpatient
7
surgical
facility,
hospital,
or
other
facility
in
which
8
medication
abortions
are
performed
to
conspicuously
post
a
sign
9
in
a
location
as
described
in
the
bill.
10
The
bill
specifies
that
the
sign
shall
be
printed
with
11
lettering
that
is
legible
and
shall
be
at
least
three-quarters
12
of
an
inch
in
boldface
type.
A
facility
required
to
post
13
the
sign
that
is
a
private
office
or
freestanding
outpatient
14
surgical
facility
must
post
the
sign
in
each
patient
waiting
15
room
and
patient
consultation
room
used
by
patients
on
whom
16
medication
abortions
are
performed.
A
hospital
or
any
other
17
facility
in
which
medication
abortions
are
performed
that
18
is
not
a
private
office
or
freestanding
outpatient
surgical
19
facility
shall
post
the
required
sign
in
each
patient
admission
20
area
used
by
patients
on
whom
medication
abortions
are
21
performed.
22
The
bill
requires
that,
except
in
the
case
of
a
medical
23
emergency,
in
addition
to
compliance
with
the
abortion
24
prerequisites
of
Code
chapter
146A,
a
physician
shall
not
25
perform
or
attempt
to
perform
a
medication
abortion
involving
26
the
two-drug
process
of
first
dispensing
mifepristone
followed
27
by
the
dispensing
of
misoprostol,
unless
the
physician
who
will
28
perform
the
medication
abortion,
the
referring
physician,
or
an
29
agent
of
either
physician
obtains
written
certification
from
30
the
pregnant
woman.
The
written
certification
shall
provide
31
that
the
woman
has
been
informed,
by
telephone
or
in
person,
32
at
least
24
hours
before
the
medication
abortion,
that
it
may
33
be
possible
to
reverse
the
intended
effects
of
a
medication
34
abortion
utilizing
mifepristone
if
the
woman
changes
her
mind
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but
that
time
is
of
the
essence,
and
that
information
on
and
1
assistance
with
reversing
the
effects
of
a
medication
abortion
2
utilizing
mifepristone
is
available
on
the
department
of
public
3
health’s
(department)
internet
site.
Following
the
dispensing
4
of
mifepristone,
the
attending
physician
or
an
agent
of
the
5
attending
physician
shall
provide
written
medical
discharge
6
instructions
to
the
woman
which
must
include
the
statement
7
specified
in
the
bill.
8
The
bill
requires
the
department
to
publish,
in
English
and
9
in
each
language
which
is
the
primary
language
of
2
percent
10
or
more
of
the
state’s
population,
and
to
make
available
11
on
the
department’s
internet
site,
materials
designed
to
12
inform
a
woman
of
the
possibility
of
reversing
the
effects
13
of
a
medication
abortion
utilizing
mifepristone
if
the
woman
14
changes
her
mind,
and
information
on
and
assistance
with
the
15
resources
that
may
be
available
to
help
reverse
the
effects
16
of
a
medication
abortion.
The
materials
shall
be
printed
or
17
typed
in
an
easy-to-read
font,
size,
and
style,
and
in
a
clear,
18
understandable
manner
calculated
to
ensure
that
the
information
19
is
easily
comprehensible.
The
department
shall
ensure
that
the
20
department’s
internet
site
is
stable
and
information
regarding
21
internet
site
visits,
views,
or
hits
shall
not
be
collected
or
22
maintained.
The
department
shall
monitor
the
internet
site
on
23
a
daily
basis
to
prevent
and
correct
tampering.
24
The
bill
provides
penalties
for
a
violation
of
the
bill.
25
The
bill
provides
that
a
person
who
intentionally
performs
or
26
attempts
to
perform
a
medication
abortion
in
violation
of
the
27
bill
is
guilty
of
a
class
“D”
felony.
A
class
“D”
felony
is
28
punishable
by
confinement
for
no
more
than
five
years
and
a
29
fine
of
at
least
$750
but
not
more
than
$7,500.
30
Under
the
bill,
a
physician
or
physician’s
agent
shall
not
31
be
civilly
or
criminally
liable
for
failure
to
comply
with
32
the
provision
regarding
information
to
be
provided
on
the
33
department’s
internet
site
if
the
information
is
not
available
34
on
the
internet
site
at
the
time
the
physician
or
physician’s
35
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agent
is
required
to
inform
a
woman
of
the
information.
A
1
private
office,
freestanding
outpatient
surgical
facility,
2
hospital,
or
other
facility
that
intentionally
or
recklessly
3
fails
to
post
a
required
sign
in
violation
of
the
bill
shall
4
be
assessed
a
civil
penalty
of
$10,000.
Each
day
on
which
a
5
medication
abortion
is
performed,
not
including
a
medication
6
abortion
performed
in
a
medical
emergency,
during
which
the
7
required
sign
is
not
posted
during
business
hours
when
patients
8
or
prospective
patients
are
present,
constitutes
a
separate
9
violation.
Failure
of
a
physician
to
comply
with
the
bill
is
10
grounds
for
licensee
discipline
under
Code
chapter
148.
11
The
bill
provides
civil
remedies
for
violation
of
the
12
provisions
of
the
bill.
A
woman
upon
whom
a
medication
13
abortion
has
been
performed
or
attempted
to
be
performed
in
14
violation
of
the
bill
may
maintain
an
action
against
the
15
physician
who
performed
or
attempted
to
perform
the
medication
16
abortion
in
intentional
or
reckless
violation
of
the
bill
17
for
actual
damages.
A
parent
or
guardian
of
a
woman
who
is
18
less
than
18
years
of
age
at
the
time
the
medication
abortion
19
was
performed
or
attempted
to
be
performed
upon
the
woman
20
in
violation
of
the
bill
may
maintain
an
action
against
the
21
physician
who
performed
or
attempted
to
perform
the
medication
22
abortion
in
intentional
or
reckless
violation
of
the
bill
for
23
actual
damages.
If
the
plaintiff
prevails
in
an
action
brought
24
under
the
bill,
the
plaintiff
shall
be
entitled
to
an
award
25
of
reasonable
attorney
fees.
If
the
defendant
prevails
in
an
26
action
brought
under
the
bill
and
the
court
finds
that
the
27
plaintiff’s
suit
was
frivolous
and
brought
in
bad
faith,
the
28
defendant
shall
be
entitled
to
an
award
of
reasonable
attorney
29
fees.
Damages
and
attorney
fees
shall
not
be
assessed
against
30
the
woman
upon
whom
a
medication
abortion
was
performed
or
31
attempted
unless
the
defendant
prevails
and
the
court
finds
32
that
the
plaintiff’s
suit
was
frivolous
and
brought
in
bad
33
faith.
34
The
bill
also
provides
protections
to
guard
the
anonymity
of
35
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the
woman
in
a
civil
action
under
the
bill.
The
bill
is
not
to
1
be
construed
to
impose
civil
or
criminal
liability
on
a
woman
2
upon
whom
a
medication
abortion
is
performed
or
attempted.
3
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