HF 2489 (LSB 6332HV (1) 88)

HOUSE FILE 2489

BY  COMMITTEE ON HUMAN RESOURCES

(SUCCESSOR TO HSB 678)

A BILL FOR

An Act relating to the licensing of abortion facilities, including fees, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  146F.1  Definitions.
   As used in this chapter, unless the context otherwise provides:
   1.  “Abortion” means the termination of a human pregnancy with the intent other than to produce a live birth or to remove a dead fetus.
   2.  “Abortion facility” means a place where abortions, including medication abortions, are performed.
   3.  “Abortion-inducing drug” means a drug, medicine, mixture, or preparation, when prescribed or administered with the intent to terminate the pregnancy of a woman known to be pregnant. “Abortion-inducing drug” includes mifepristone and misoprostol.
   4.  “Department” means the department of inspections and appeals.
   5.  “Medication abortion” means an abortion induced by an abortion-inducing drug.
    Sec. 2.  NEW SECTION.  146F.2  Abortion facility license.
   A person shall not establish or operate an abortion facility in this state without an appropriate license issued pursuant to this chapter. Each abortion facility shall have a separate license. An abortion facility license is not transferable or assignable.
    Sec. 3.  NEW SECTION.  146F.3  Exceptions to abortion facility license requirement. 
   The following facilities are exempt from the licensing requirement pursuant to this chapter:
   1.  A hospital licensed pursuant to chapter 135B. 
   2.  The office of a physician who is licensed pursuant to chapter 148, unless the physician primarily performs abortions.
    Sec. 4.  NEW SECTION.  146F.4  Application for abortion facility license —— contents —— fee —— inspection —— renewal —— penalties. 
   1.  An applicant for an abortion facility license shall submit an application to the department on a form prescribed by the department. The application shall be accompanied by a nonrefundable license fee in an amount, not to exceed two thousand dollars, established by rule of the department adopted pursuant to chapter 17A. 
   2.  The application shall contain evidence that there is at least one physician on the staff of the facility licensed pursuant to chapter 148. The department shall issue a license if, after inspection, the department finds that the applicant and the abortion facility meet the requirements of this chapter and the rules adopted pursuant to chapter 17A to administer this chapter.
   3.  As a condition for renewal of a license, a licensee shall submit to the department an annual license renewal fee, not to exceed two thousand dollars, established by rule of the department adopted pursuant to chapter 17A.
   4.  A facility that does not comply with this chapter is subject to denial, suspension, or revocation of a license to operate an abortion facility.
    Sec. 5.  NEW SECTION.  146F.5  Compliance inspections.
   The department shall inspect an abortion facility prior to initial issuance of the facility’s license and annually prior to renewal of the license, and may inspect an abortion facility at reasonable times as necessary to ensure compliance with this chapter.
    Sec. 6.  NEW SECTION.  146F.6  Adoption of rules —— minimum standards for abortion facilities. 
   1.  The department shall adopt rules pursuant to chapter 17A for the issuance, renewal, denial, suspension, and revocation of a license to operate an abortion facility. 
   2.  The department shall adopt rules pursuant to chapter 17A to establish minimum standards to protect the health and safety of a patient of an abortion facility. The minimum standards shall be evidence-based and shall address all of the following:
   a.  Facility safety and sanitation.
   b.  The qualifications and supervision of professional and other personnel.
   c.  Emergency equipment and procedures to provide emergency care.
   d.  Medical records and reports.
   e.  Procedure and recovery rooms.
   f.  Infection control.
   g.  Medication control.
   h.  Quality assurance.
   i.  Facility and laboratory equipment requirements, sanitation, testing, and maintenance.
   j.  Information on and access to patient follow-up care.
   k.  Patient screening, assessment, and monitoring.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the licensing and inspection of abortion facilities including those that provide medication abortions. 
   The bill prohibits a person from establishing or operating an abortion facility in the state without an appropriate license. Each abortion facility shall have a separate license, and the license is not transferable or assignable.
   The bill provides that a hospital licensed pursuant to Code chapter 135B, and the office of a licensed physician who does not primarily perform abortions, are exempt from the licensing requirements.
   The bill provides for application for a license, accompanied by a nonrefundable license fee in an amount, not to exceed $2,000, established by administrative rule of the department of inspections and appeals (DIA). The application shall contain evidence that there is at least one licensed physician on the staff of the facility. DIA shall issue a license if, after inspection, DIA finds that the applicant and the abortion facility meet the requirements of the bill and the administrative rules adopted to administer the bill. As a condition for renewal of a license, a licensee shall submit an annual license renewal fee, not to exceed $2,000, as established by administrative rule of DIA. 
   DIA is required to inspect an abortion facility prior to initial issuance of the facility’s license and annually prior to renewal of the license, and may inspect an abortion facility at reasonable times as necessary to ensure compliance with the bill. 
   DIA shall adopt administrative rules for the issuance, renewal, denial, suspension, and revocation of a license to operate an abortion facility; and to establish minimum standards to protect the health and safety of a patient of an abortion facility. The minimum standards shall be evidence-based and shall address facility safety and sanitation; the qualifications and supervision of professional and other personnel; emergency equipment and procedures to provide emergency care; medical records and reports; procedure and recovery rooms; infection control; medication control; quality assurance; facility and laboratory equipment requirements, sanitation, testing, and maintenance; information on and access to patient follow-up care; and patient screening, assessment, and monitoring.
   A facility that does not comply with the licensing and inspection requirements of the bill is subject to denial, suspension, or revocation of a license to operate an abortion facility.