H.F. 403 DIVISION I 1 SHORT TITLE 2 Section 1. SHORT TITLE. This Act shall be known and may be 3 cited as the “Living Infants Fairness and Equality Act”. 4 DIVISION II 5 PREREQUISITES FOR ABORTION 6 Sec. 2. Section 146A.1, subsection 1, Code 2021, is amended 7 to read as follows: 8 1. A physician performing an abortion shall obtain written 9 certification from the pregnant woman of all of the following 10 at least twenty-four hours prior to performing an abortion: 11 a. That the woman has undergone an ultrasound imaging of 12 the unborn preborn child that displays the approximate age of 13 the unborn preborn child and that the woman was informed of the 14 probable gestational age of the preborn child . 15 b. That the woman was given the opportunity to see the 16 unborn preborn child by viewing the ultrasound image of the 17 unborn preborn child. 18 c. That the woman was given the option of hearing a 19 description of the unborn preborn child based on the ultrasound 20 image and hearing the heartbeat of the unborn preborn child. 21 d. That the woman has been provided information that there 22 is evidence that prior to twenty weeks gestation a preborn 23 child feels pain and the administration of anesthesia to a 24 preborn child prior to twenty weeks gestation is routine. 25 e. That the woman has been provided a declaration that 26 abortion ends a unique human life. 27 f. That the woman has been provided information regarding 28 coercion and abortion and resources to seek assistance. 29 d. g. (1) That the woman has been provided information 30 regarding all of the following by a licensed mental health 31 counselor or licensed marital and family therapist as defined 32 in section 154D.1 , based upon the materials developed by the 33 department of public health pursuant to subparagraph (2): 34 (a) The options relative to a pregnancy, including 35 -1- LSB 1535YH (10) 89 pf/rh 1/ 17

H.F. 403 continuing the pregnancy to term and retaining parental rights 1 following the child’s birth, continuing the pregnancy to 2 term and placing the child for adoption, and terminating the 3 pregnancy. 4 (b) The indicators, contra-indicators, and risk factors 5 including any physical, psychological, or situational factors 6 related to the abortion in light of the woman’s medical history 7 and medical condition. 8 (c) The local, state, and federal resources available to 9 pregnant women including social services, adoption services, 10 medical services, maternity homes, and services for those who 11 are victims of rape or domestic abuse. 12 (2) The department of public health shall make available to 13 physicians and licensed mental health counselors and licensed 14 marital and family therapists as defined in section 154D.1 , 15 upon request, all of the following information: 16 (a) Geographically indexed materials designed to inform the 17 woman about public and private agencies and services available 18 to assist a woman through pregnancy, at the time of childbirth, 19 and while the child is dependent. The materials shall include 20 a comprehensive list of the agencies available, categorized by 21 the type of services offered, and a description of the manner 22 by which the agency may be contacted. 23 (b) Materials that encourage consideration of placement for 24 adoption. The materials shall inform the woman of the benefits 25 of adoption, including the requirements of confidentiality in 26 the adoption process, the importance of adoption to individuals 27 and society, and the state’s interest in promoting adoption by 28 preferring adoption over abortion. 29 (c) Materials that contain objective information describing 30 the methods of abortion procedures commonly used, the medical 31 risks commonly associated with each such procedure, and the 32 possible detrimental physical and psychological effects of 33 abortion. 34 Sec. 3. Section 146A.1, subsection 6, Code 2021, is amended 35 -2- LSB 1535YH (10) 89 pf/rh 2/ 17

H.F. 403 to read as follows: 1 6. As used in this section : 2 a. “Medical emergency” means a situation in which an 3 abortion is performed to preserve the life of the pregnant 4 woman whose life is endangered by a physical disorder, physical 5 illness, or physical injury, including a life-endangering 6 physical condition caused by or arising from the pregnancy, but 7 not including psychological conditions, emotional conditions, 8 familial conditions, or the woman’s age; or when continuation 9 of the pregnancy will create a serious risk of would have 10 caused a substantial and irreversible physical impairment of a 11 major bodily function of the pregnant woman. 12 b. “Unborn child” “Preborn child” means an individual 13 organism of the species homo sapiens from fertilization to live 14 birth. 15 Sec. 4. Section 514C.16, subsection 3, paragraph a, 16 subparagraph (1), Code 2021, is amended to read as follows: 17 (1) Placing the health of the individual, or with respect to 18 a pregnant woman, the health of the woman or her unborn preborn 19 child, in serious jeopardy. 20 Sec. 5. Section 702.20, Code 2021, is amended to read as 21 follows: 22 702.20 Viability. 23 “Viability” is that stage of fetal development when the 24 life of the unborn preborn child may be continued indefinitely 25 outside the womb by natural or artificial life support systems. 26 The time when viability is achieved may vary with each 27 pregnancy, and the determination of whether a particular fetus 28 is viable is a matter of responsible medical judgment. 29 DIVISION III 30 ABORTION PROHIBITED —— DETECTABLE FETAL HEARTBEAT 31 Sec. 6. NEW SECTION . 146E.1 Definitions. 32 As used in this chapter, unless the context otherwise 33 requires: 34 1. “Abortion” means the termination of a human pregnancy 35 -3- LSB 1535YH (10) 89 pf/rh 3/ 17

H.F. 403 with the intent other than to produce a live birth or to remove 1 a dead fetus. 2 2. “Fetal heartbeat” means cardiac activity, the steady and 3 repetitive rhythmic contraction of the fetal heart within the 4 gestational sac. 5 3. “Medical emergency” means the same as defined in section 6 146A.1. 7 4. “Physician” means a person licensed under chapter 148. 8 5. “Preborn child” means the same as defined in section 9 146A.1. 10 6. “Reasonable medical judgment” means a medical judgment 11 made by a reasonably prudent physician who is knowledgeable 12 about the case and the treatment possibilities with respect to 13 the medical conditions involved. 14 Sec. 7. NEW SECTION . 146E.2 Abortion prohibited —— 15 detectable fetal heartbeat. 16 1. Except in the case of a medical emergency, a physician 17 shall not perform an abortion unless the physician has first 18 complied with the prerequisites of chapter 146A and has 19 tested the pregnant woman as specified in this subsection, to 20 determine if a fetal heartbeat is detectable. 21 a. In testing for a detectable fetal heartbeat, the 22 physician shall perform an ultrasound as necessary to detect 23 a fetal heartbeat according to standard medical practice 24 and including the use of medical devices, as determined by 25 standard medical practice and specified by rule of the board 26 of medicine. 27 b. Following the testing of the pregnant woman for a 28 detectable fetal heartbeat, the physician shall inform the 29 pregnant woman, in writing, of all of the following: 30 (1) Whether a fetal heartbeat was detected. 31 (2) That if a fetal heartbeat was detected, an abortion is 32 prohibited. 33 c. Upon receipt of the written information, the pregnant 34 woman shall sign a form acknowledging that the pregnant woman 35 -4- LSB 1535YH (10) 89 pf/rh 4/ 17

H.F. 403 has received the information as required under this subsection. 1 2. A physician shall not perform an abortion upon a pregnant 2 woman when it has been determined that the preborn child has 3 a detectable fetal heartbeat, unless, in the physician’s 4 reasonable medical judgment, a medical emergency exists. 5 3. If an abortion is performed under this subsection, the 6 physician shall terminate the human pregnancy in the manner 7 which, in the physician’s reasonable medical judgment, provides 8 the best opportunity for a preborn child to survive. 9 4. If a physician performs or attempts to perform an 10 abortion based on the existence of a medical emergency, 11 the physician shall document the medical basis for the 12 determination including the specific medical condition the 13 physician believes would have caused the death of the woman or 14 the specific medical condition the physician believes would 15 constitute a substantial and irreversible physical impairment 16 of a major bodily function of the woman. 17 5. A physician shall retain in the woman’s medical record 18 all of the following: 19 a. Documentation of the testing for a fetal heartbeat 20 as specified in subsection 1 and the results of the fetal 21 heartbeat test. 22 b. The pregnant woman’s signed form acknowledging that 23 the pregnant woman received the information as required under 24 subsection 1. 25 6. This section shall not be construed to impose civil 26 or criminal liability on a woman upon whom an abortion is 27 performed in violation of this section. 28 7. The board of medicine shall adopt rules pursuant to 29 chapter 17A to administer this section. 30 8. A physician who violates this section is subject to 31 licensee discipline pursuant to section 148.6. 32 Sec. 8. NEW SECTION . 146E.3 Civil and criminal actions 33 —— penalties. 34 1. A physician who intentionally or recklessly performs or 35 -5- LSB 1535YH (10) 89 pf/rh 5/ 17

H.F. 403 attempts to perform an abortion in violation of this chapter is 1 guilty of a class “C” felony. 2 2. A woman upon whom an abortion has been performed in 3 violation of this chapter may maintain an action against the 4 physician who performed the abortion in intentional or reckless 5 violation of this chapter for actual damages. 6 3. A woman upon whom an abortion has been attempted in 7 violation of this chapter may maintain an action against the 8 physician who attempted to perform the abortion in intentional 9 or reckless violation of this chapter for actual damages. 10 4. A cause of action for injunctive relief to prevent a 11 physician from performing an abortion may be maintained against 12 a physician who has intentionally violated this chapter by the 13 woman upon whom the abortion was performed or attempted, by 14 a parent or guardian of the woman if the woman is less than 15 eighteen years of age or unmarried at the time the abortion 16 was performed or attempted, by a current or former licensed 17 health care provider of the woman, by a county attorney with 18 appropriate jurisdiction, or by the attorney general. 19 5. If the plaintiff prevails in an action brought under 20 this section, the plaintiff shall be entitled to an award of 21 reasonable attorney fees. 22 6. If the defendant prevails in an action brought under 23 this section and the court finds that the plaintiff’s suit was 24 frivolous and brought in bad faith, the defendant shall be 25 entitled to an award of reasonable attorney fees. 26 7. Damages and attorney fees shall not be assessed against 27 the woman upon whom an abortion was performed or attempted 28 except as provided in subsection 6. 29 8. In a civil or criminal proceeding or action brought 30 under this chapter, the court shall rule whether the anonymity 31 of any woman upon whom an abortion has been performed or 32 attempted shall be preserved from public disclosure if the 33 woman does not provide consent to such disclosure. The court, 34 upon motion or on its own motion, shall make such a ruling 35 -6- LSB 1535YH (10) 89 pf/rh 6/ 17

H.F. 403 and, upon determining that the woman’s anonymity should be 1 preserved, shall issue orders to the parties, witnesses, 2 and counsel and shall direct the sealing of the record and 3 exclusion of individuals from courtrooms or hearing rooms to 4 the extent necessary to safeguard the woman’s identity from 5 public disclosure. Each such order shall be accompanied by 6 specific written findings explaining why the anonymity of the 7 woman should be preserved from public disclosure, why the 8 order is essential to that end, how the order is narrowly 9 tailored to serve that interest, and why no reasonable less 10 restrictive alternative exists. In the absence of written 11 consent of the woman upon whom an abortion has been performed 12 or attempted, anyone, other than a public official, who brings 13 an action under this section shall do so under a pseudonym. 14 This subsection shall not be construed to conceal the identity 15 of the plaintiff or of witnesses from the defendant or from 16 attorneys for the defendant. 17 Sec. 9. REPEAL. Chapters 146B and 146C, Code 2021, are 18 repealed. 19 DIVISION IV 20 ABORTION FACILITY LICENSURE 21 Sec. 10. NEW SECTION . 146F.1 Definitions. 22 As used in this chapter, unless the context otherwise 23 provides: 24 1. “Abortion” means the termination of a human pregnancy 25 with the intent other than to produce a live birth or to remove 26 a dead fetus. 27 2. “Abortion facility” means a place where abortions, 28 including medication abortions, are performed. 29 3. “Abortion-inducing drug” means a drug, medicine, mixture, 30 or preparation, when prescribed or administered with the intent 31 to terminate the pregnancy of a woman known to be pregnant. 32 “Abortion-inducing drug” includes mifepristone and misoprostol. 33 4. “Department” means the department of inspections and 34 appeals. 35 -7- LSB 1535YH (10) 89 pf/rh 7/ 17

H.F. 403 5. “Medication abortion” means an abortion induced by an 1 abortion-inducing drug. 2 Sec. 11. NEW SECTION . 146F.2 Abortions —— where performed 3 or induced —— limitations. 4 A licensed physician shall not perform or induce an abortion 5 in this state unless the abortion is performed or induced in 6 a licensed abortion facility. 7 Sec. 12. NEW SECTION . 146F.3 Abortion facility license. 8 A person shall not establish or operate an abortion facility 9 in this state without an appropriate license issued pursuant 10 to this chapter. Each abortion facility shall have a separate 11 license. An abortion facility license is not transferable or 12 assignable. 13 Sec. 13. NEW SECTION . 146F.4 Exceptions to abortion 14 facility license requirement. 15 The following facilities are exempt from the licensing 16 requirement pursuant to this chapter: 17 1. A hospital licensed pursuant to chapter 135B. 18 2. The office of a physician who is licensed pursuant to 19 chapter 148, unless the physician primarily performs abortions. 20 Sec. 14. NEW SECTION . 146F.5 Application for abortion 21 facility license —— contents —— fee —— inspection —— renewal —— 22 penalties. 23 1. An applicant for an abortion facility license shall 24 submit an application to the department on a form prescribed 25 by the department. The application shall be accompanied by 26 a nonrefundable license fee in an amount, not to exceed two 27 thousand dollars, established by rule of the department adopted 28 pursuant to chapter 17A. 29 2. The application shall contain evidence that there is 30 at least one physician on the staff of the facility licensed 31 pursuant to chapter 148. The department shall issue a license 32 if, after inspection, the department finds that the applicant 33 and the abortion facility meet the requirements of this chapter 34 and the rules adopted pursuant to chapter 17A to administer 35 -8- LSB 1535YH (10) 89 pf/rh 8/ 17

H.F. 403 this chapter. 1 3. As a condition for renewal of a license, a licensee 2 shall submit to the department an annual license renewal fee, 3 not to exceed two thousand dollars, established by rule of the 4 department adopted pursuant to chapter 17A. 5 4. A facility that does not comply with this chapter is 6 subject to denial, suspension, or revocation of a license to 7 operate an abortion facility. 8 Sec. 15. NEW SECTION . 146F.6 Compliance inspections. 9 The department shall inspect an abortion facility prior to 10 initial issuance of the facility’s license and annually prior 11 to renewal of the license, and may inspect an abortion facility 12 at reasonable times as necessary to ensure compliance with this 13 chapter. 14 Sec. 16. NEW SECTION . 146F.7 Adoption of rules —— minimum 15 standards for abortion facilities. 16 1. The department shall adopt rules pursuant to chapter 17A 17 for the issuance, renewal, denial, suspension, and revocation 18 of a license to operate an abortion facility. 19 2. The department shall adopt rules pursuant to chapter 17A 20 to establish minimum standards to protect the health and safety 21 of a patient of an abortion facility. The minimum standards 22 shall be evidence-based and shall address all of the following: 23 a. Facility safety and sanitation. 24 b. The qualifications and supervision of professional and 25 other personnel. 26 c. Emergency equipment and procedures to provide emergency 27 care. 28 d. Medical records and reports. 29 e. Procedure and recovery rooms. 30 f. Infection control. 31 g. Medication control. 32 h. Quality assurance. 33 i. Facility and laboratory equipment requirements, 34 sanitation, testing, and maintenance. 35 -9- LSB 1535YH (10) 89 pf/rh 9/ 17

H.F. 403 j. Information on and access to patient follow-up care. 1 k. Patient screening, assessment, and monitoring. 2 DIVISION V 3 PERSON —— APPLICATION TO CRIMINAL CODE 4 Sec. 17. NEW SECTION . 702.26 Person and application to 5 crimes against a person. 6 1. Whenever the word “person” appears in the criminal 7 code relating to crimes against a person, “person” means 8 an individual living human being without regard to age of 9 development from the moment of conception, when a zygote is 10 formed, until natural death. Each such person is accorded the 11 same rights and protections guaranteed to all persons by the 12 Constitution of the United States, the Constitution of the 13 State of Iowa, and the laws of this state. 14 2. Notwithstanding any other provision of law to the 15 contrary, in the criminal code: 16 a. The elements of a crime against a person shall not be 17 interpreted to preclude the use of medications or procedures 18 necessary to relieve a person’s pain or discomfort if the 19 use of the medications or procedures is not intentionally or 20 knowingly prescribed or administered to cause the death of a 21 person. 22 b. The following acts do not constitute a crime against a 23 person: 24 (1) Medical treatment for life-threatening conditions 25 provided to a person by a physician licensed to practice 26 medicine which results in the accidental or unintentional 27 injury or death of another person. 28 (2) Legitimate medical treatment for life-threatening 29 conditions not intended to harm a person but which has the 30 foreseeable effect of ending a person’s life, including 31 legitimate medical treatment to preserve the life of a pregnant 32 woman even if the foreseeable effect is harm to the fetus, as 33 long as the person providing the medical treatment exercises 34 that degree of professional skill, care, and diligence 35 -10- LSB 1535YH (10) 89 pf/rh 10/ 17

H.F. 403 available to preserve the life and health of the fetus. 1 (3) The creation of a person through in vitro fertilization. 2 (4) Contraception administered before a clinically 3 diagnosable pregnancy. 4 c. A crime against a person who has not yet been born shall 5 only be charged against the principal actor of the criminal 6 conduct. For the purposes of this lettered paragraph “c” , 7 a person is a principal actor if the person does any of the 8 following: 9 (1) Commits an offense punishable under the criminal code or 10 aids, abets, counsels, commands, or procures its commission. 11 (2) Causes an act to be done which, if directly performed by 12 the person, would be punishable under the criminal code. 13 3. This section shall not be interpreted as a basis for 14 inuring to or vesting in a child before the time of live birth 15 or in the biological parents of a child before the time of live 16 birth a pecuniary interest or citizenship status. 17 4. This section shall not be construed to authorize the 18 charging or conviction of a woman with a criminal offense upon 19 whom an abortion is performed or attempted resulting in the 20 death of a preborn child as defined in section 146A.1. 21 DIVISION VI 22 PREBORN CHILD —— DEPENDENT UNDER TAX CODE 23 Sec. 18. Section 422.12, subsection 1, paragraph a, Code 24 2021, is amended to read as follows: 25 a. “Dependent” has the same meaning as provided by the 26 Internal Revenue Code , and includes a preborn child as defined 27 in section 146A.1 . 28 DIVISION VII 29 PREBORN CHILD —— SUPPORT OF DEPENDENTS 30 Sec. 19. Section 252A.2, subsection 2, Code 2021, is amended 31 to read as follows: 32 2. “Child” includes but shall not be limited to a stepchild, 33 foster child, or legally adopted child and means a child 34 actually or apparently under eighteen years of age, and a 35 -11- LSB 1535YH (10) 89 pf/rh 11/ 17

H.F. 403 dependent person eighteen years of age or over who is unable 1 to maintain the person’s self and is likely to become a public 2 charge. “Child” includes a preborn child as defined in section 3 146A.1 upon medical confirmation of the pregnancy; however, 4 any support payable for a preborn child shall be paid only 5 from the date of birth or the date paternity is established, 6 as applicable. 7 DIVISION VIII 8 POPULATION-BASED STATISTICS —— PREBORN CHILD 9 Sec. 20. Section 135.11, Code 2021, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 29. Require that population-based data and 12 vital statistics collected and reported by the bureau of health 13 statistics include preborn children as defined in section 14 146A.1 from the time a fetal heartbeat is detected. 15 DIVISION IX 16 SEVERABILITY 17 Sec. 21. SEVERABILITY CLAUSE. If any provision of this Act 18 or its application to a person or circumstance is held invalid, 19 the invalidity does not affect other provisions of applications 20 of this Act which can be given effect without the invalid 21 provision or application, and to this end the provisions of 22 this Act are severable. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill creates the living infants fairness and equality 27 Act. The bill is divided into divisions. 28 Division I of the bill creates a short title of the bill as 29 the living infants fairness and equality Act. 30 Division II of the bill relates to prerequisites for an 31 abortion. The division replaces the term “unborn child” with 32 “preborn child” throughout the Code and amends the definition 33 of “medical emergency”. The division adds to the existing 34 prerequisites that a physician performing an abortion shall 35 -12- LSB 1535YH (10) 89 pf/rh 12/ 17

H.F. 403 obtain written certification from the pregnant woman prior 1 to performing an abortion that the woman was informed of the 2 probable gestational age of the preborn child; that the woman 3 has been provided information that there is evidence that even 4 prior to 20 weeks gestation a preborn child feels pain and the 5 administration of anesthesia to a preborn child prior to 20 6 weeks gestation is routine; that the woman has been provided a 7 declaration that abortion ends a unique human life; and that 8 the woman has been provided information regarding coercion and 9 abortion and resources to seek assistance. Additionally, the 10 division requires that the woman has been provided information 11 by a licensed mental health counselor or licensed marital and 12 family therapist as defined in Code section 154D.1 based upon 13 the materials developed by the department of public health 14 that, in addition to existing required information, includes 15 local, state, and federal resources available to pregnant women 16 including social services, adoption services, medical services, 17 maternity homes, and services for those who are victims of rape 18 or domestic abuse. 19 Division III of the bill prohibits the performance of 20 an abortion after a fetal heartbeat is detected unless, 21 in the physician’s reasonable medical judgment, a medical 22 emergency exists. The division requires that if an abortion is 23 performed, the physician shall terminate the pregnancy in the 24 manner which, in the physician’s reasonable medical judgment, 25 provides the best opportunity for a preborn child to survive. 26 Additionally, a physician who performs or attempts to perform 27 an abortion based on the existence of a medical emergency, 28 shall document the medical basis for the determination 29 including the specific medical condition the physician believes 30 would have caused the death of the woman or the specific 31 medical condition the physician believes would constitute a 32 substantial and irreversible physical impairment of a major 33 bodily function of the woman. 34 A physician who violates the division is subject to licensee 35 -13- LSB 1535YH (10) 89 pf/rh 13/ 17

H.F. 403 discipline which may include a civil penalty not to exceed 1 $10,000. The division also includes additional civil and 2 criminal penalties. Under the division, a physician who 3 intentionally or recklessly performs or attempts to perform an 4 abortion in violation of the division is guilty of a class “C” 5 felony. 6 A woman upon whom an abortion has been performed in violation 7 of the division may maintain an action against the physician 8 who performed the abortion in intentional or reckless violation 9 of the division for actual damages. A woman upon whom an 10 abortion has been attempted in violation of the division may 11 maintain an action against the physician who attempted to 12 perform the abortion in intentional or reckless violation 13 of the division for actual damages. A cause of action for 14 injunctive relief to prevent a physician from performing 15 an abortion may be maintained against a physician who has 16 intentionally violated the division by the woman upon whom the 17 abortion was performed or attempted, by a parent or guardian 18 of the woman if the woman is less than 18 years of age or 19 unmarried at the time the abortion was performed or attempted, 20 by a current or former licensed health care provider of the 21 woman, by a county attorney with appropriate jurisdiction, or 22 by the attorney general. The division provides for payment of 23 attorney fees to a prevailing party. Damages and attorney fees 24 shall not be assessed against the woman upon whom an abortion 25 was performed or attempted unless the suit was frivolous or 26 brought in bad faith. The division also provides for anonymity 27 of the woman in a civil or criminal proceeding or action 28 brought under the division. 29 The division repeals Code chapter 146B (abortion —— 30 postfertilization age) and Code chapter 146C (abortion —— 31 detectable fetal heartbeat). 32 Division IV of the bill relates to the licensing and 33 inspection of abortion facilities including those that provide 34 medication abortions. 35 -14- LSB 1535YH (10) 89 pf/rh 14/ 17

H.F. 403 The division prohibits a licensed physician from performing 1 or inducing an abortion in this state unless the abortion is 2 performed or induced in a licensed abortion facility. 3 The division prohibits a person from establishing or 4 operating an abortion facility in the state without an 5 appropriate license. Each abortion facility shall have a 6 separate license, and the license is not transferable or 7 assignable. 8 The division provides that a hospital licensed pursuant 9 to Code chapter 135B and the office of a licensed physician 10 who does not primarily perform abortions are exempt from the 11 licensing requirements. 12 The division provides for application for an abortion 13 facility license, to be accompanied by a nonrefundable 14 license fee in an amount not to exceed $2,000, established 15 by administrative rule of the department of inspections and 16 appeals (DIA). The application shall contain evidence that 17 there is at least one licensed physician on the staff of the 18 facility. DIA shall issue a license if, after inspection, 19 DIA finds that the applicant and the abortion facility meet 20 the requirements of the division and the administrative rules 21 adopted to administer the division. As a condition for renewal 22 of a license, a licensee shall submit an annual license renewal 23 fee not to exceed $2,000, as established by administrative rule 24 of DIA. 25 DIA is required to inspect an abortion facility prior to 26 initial issuance of the facility’s license and annually prior 27 to renewal of the license, and may inspect an abortion facility 28 at reasonable times as necessary to ensure compliance with the 29 division. 30 DIA shall adopt administrative rules for the issuance, 31 renewal, denial, suspension, and revocation of a license to 32 operate an abortion facility and to establish minimum standards 33 to protect the health and safety of a patient of an abortion 34 facility as specified in the division. 35 -15- LSB 1535YH (10) 89 pf/rh 15/ 17

H.F. 403 A facility that does not comply with the licensing and 1 inspection requirements of the division is subject to denial, 2 suspension, or revocation of a license to operate an abortion 3 facility. 4 Division V of the bill relates to the definition of “person” 5 under the criminal code. 6 The division defines “person” for the purposes of the 7 criminal code to be an individual living human being without 8 regard to age of development from the moment of conception, 9 when a zygote is formed, until natural death. Each such 10 person is accorded the same rights and protections guaranteed 11 to all persons by the Constitution of the United States, the 12 Constitution of the State of Iowa, and the laws of this state. 13 The division provides exemptions to the interpretation and 14 application of crimes against a person based on the definition. 15 The division provides that the elements of a crime against 16 a person shall not be interpreted to preclude the use of 17 medications or procedures necessary to relieve a person’s pain 18 or discomfort if the use of the medications or procedures is 19 not intentionally or knowingly prescribed or administered 20 to cause the death of a person. Additionally, the division 21 specifies acts that do not constitute a crime against a person. 22 Under the division, a crime against a person who has not yet 23 been born shall only be charged against the principal actor of 24 the criminal conduct. The division defines “principal actor” 25 for the purposes of the division. The division also provides 26 that the provisions of the division shall not be interpreted as 27 a basis for inuring to or vesting in a child before the time of 28 live birth or in the biological parents of a child before the 29 time of live birth a pecuniary interest or citizenship status. 30 The division also provides that the division is not to be 31 construed to authorize the charging or conviction of a woman 32 with a criminal offense upon whom an abortion is performed or 33 attempted resulting in the death of a preborn child as defined 34 in Code section 146A.1. 35 -16- LSB 1535YH (10) 89 pf/rh 16/ 17

H.F. 403 Division VI of the bill defines “dependent” for the purposes 1 of Code chapter 422 (individual income, corporate, and 2 franchise taxes) to include a preborn child. 3 Division VII of the bill defines “child” for the purposes of 4 Code chapter 252A (support of dependents) to include a preborn 5 child. However, any support payable relative to any preborn 6 child shall be paid only from the date of birth or the date 7 paternity is established, as applicable. 8 Division VIII of the bill establishes as a duty of the 9 department of public health to require that population-based 10 data and vital statistics collected and reported by the bureau 11 of health statistics include preborn children from the time a 12 fetal heartbeat is detected. 13 Division IX of the bill provides a severability clause. 14 -17- LSB 1535YH (10) 89 pf/rh 17/ 17