Senate File 377 - Introduced SENATE FILE 377 BY CARLIN A BILL FOR An Act relating to the postfertilization age of an unborn child 1 relative to an abortion, and making licensee discipline and 2 civil penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2271XS (2) 89 pf/rh

S.F. 377 Section 1. Section 146B.2, subsection 2, paragraph a, Code 1 2021, is amended to read as follows: 2 a. A physician shall not perform or attempt to perform an 3 abortion upon a pregnant woman when it has been determined, by 4 the physician performing the abortion or by another physician 5 upon whose determination that physician relies, that the 6 probable postfertilization age of the unborn child is twenty 7 twelve or more weeks unless, in the physician’s reasonable 8 medical judgment, any of the following applies: 9 (1) The pregnant woman has a condition which the physician 10 deems a medical emergency. 11 (2) The abortion is necessary to preserve the life of an 12 unborn child. 13 Sec. 2. Section 146B.2, subsection 3, paragraphs c and d, 14 Code 2021, are amended to read as follows: 15 c. If the probable postfertilization age of the unborn child 16 was determined to be twenty twelve or more weeks, the basis of 17 the determination of a medical emergency, or the basis of the 18 determination that the abortion was necessary to preserve the 19 life of an unborn child. 20 d. The method used for the abortion and, in the case of 21 an abortion performed when the probable postfertilization age 22 was determined to be twenty twelve or more weeks, whether 23 the method of abortion used was one that, in the physician’s 24 reasonable medical judgment, provided the best opportunity for 25 an unborn child to survive or, if such a method was not used, 26 the basis of the determination that termination of the human 27 pregnancy in that manner would pose a greater risk than would 28 any other available method of the death of the pregnant woman 29 or of the substantial and irreversible physical impairment of a 30 major bodily function. 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 amends Code chapter 146B (abortion– 35 -1- LSB 2271XS (2) 89 pf/rh 1/ 2

S.F. 377 postfertilization age) to provide that a physician shall not 1 perform or attempt to perform an abortion upon a pregnant woman 2 when it has been determined, by the physician performing the 3 abortion or by another physician upon whose determination that 4 physician relies, that the probable postfertilization age of 5 the unborn child is 12 or more weeks rather than 20 or more 6 weeks as provided in current law, unless, in the physician’s 7 reasonable medical judgment, the pregnant woman has a condition 8 which the physician deems a medical emergency, or the abortion 9 is necessary to preserve the life of an unborn child. 10 The provisions under current law relating to civil actions 11 and licensee discipline for violation of the Code chapter 12 continue to apply to a physician who violates the bill. 13 These include that failure of a physician to comply with 14 any provision of the chapter with the exception of the late 15 filing of a report or failure to submit a complete report 16 in compliance with a court order, is grounds for licensee 17 discipline under Code chapter 148; that a woman upon whom 18 an abortion has been performed or has been attempted in 19 violation of the Code chapter may maintain an action against 20 the physician who performed or attempted the abortion in 21 intentional or reckless violation of the Code chapter for 22 actual damages; and that a woman and specified others may 23 maintain a cause of action for injunctive relief to prevent 24 a physician from performing an abortion if the physician 25 intentionally violated the Code chapter. 26 -2- LSB 2271XS (2) 89 pf/rh 2/ 2