HSB 255 (LSB 2572YC (3) 90)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON HEALTH AND HUMAN SERVICES BILL BY CHAIRPERSON MEYER)

A BILL FOR

An Act prohibiting and requiring certain actions relating to abortion involving the detection of a fetal heartbeat, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  146E.1  Definitions.
   As used in this chapter, unless the context otherwise requires:
   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.  “Fetal heartbeat” means cardiac activity, the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac.
   3.  “Fetal heartbeat exception” means any of the following:
   a.  The pregnancy is the result of a rape which is reported within forty-five days of the incident to a law enforcement agency or to a public or private health agency which may include a family physician.
   b.  The pregnancy is the result of incest which is reported within one hundred forty days of the incident to a law enforcement agency or to a public or private health agency which may include a family physician.
   c.  Any spontaneous abortion, commonly known as a miscarriage, if not all of the products of conception are expelled.
   d.  The attending physician certifies that the fetus has a fetal abnormality that in the physician’s reasonable medical judgment is incompatible with life.
   4.  “Medical emergency” means the same as defined in section 146A.1.
   5.  “Physician” means a person licensed under chapter 148.
   6.  “Reasonable medical judgment” means a medical judgment made by a reasonably prudent physician who is knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.
   7.  “Unborn child” means the same as defined in section 146A.1.
    Sec. 2.  NEW SECTION.  146E.2  Abortion prohibited —— detectable fetal heartbeat.
   1.  Except in the case of a medical emergency or fetal heartbeat exception, a physician shall not perform an abortion unless the physician has first complied with the prerequisites of chapter 146A and has tested the pregnant woman as specified in this subsection, to determine if a fetal heartbeat is detectable.
   a.  In testing for a detectable fetal heartbeat, the physician shall perform an abdominal ultrasound, necessary to detect a fetal heartbeat according to standard medical practice and including the use of medical devices, as determined by standard medical practice and specified by rule of the board of medicine.
   b.  Following the testing of the pregnant woman for a detectable fetal heartbeat, the physician shall inform the pregnant woman, in writing, of all of the following:
   (1)  Whether a fetal heartbeat was detected.
   (2)  That if a fetal heartbeat was detected, an abortion is prohibited.
   c.  Upon receipt of the written information, the pregnant woman shall sign a form acknowledging that the pregnant woman has received the information as required under this subsection.
   2.  a.  A physician shall not perform an abortion upon a pregnant woman when it has been determined that the unborn child has a detectable fetal heartbeat, unless, in the physician’s reasonable medical judgment, a medical emergency or fetal heartbeat exception exists.
   b.  Notwithstanding paragraph “a”, if a physician determines that the probable postfertilization age, as defined in section 146B.1, of the unborn child is twenty or more weeks, the physician shall not perform an abortion upon a pregnant woman when it has been determined that the unborn child has a detectable fetal heartbeat, unless in the physician’s reasonable medical judgment the pregnant woman has a condition which the physician deems a medical emergency, as defined in section 146B.1, or the abortion is necessary to preserve the life of an unborn child.
   3.  A physician shall retain in the woman’s medical record all of the following:
   a.  Documentation of the testing for a fetal heartbeat as specified in subsection 1 and the results of the fetal heartbeat test.
   b.  The pregnant woman’s signed form acknowledging that the pregnant woman received the information as required under subsection 1.
   4.  This section shall not be construed to impose civil or criminal liability on a woman upon whom an abortion is performed in violation of this section.
   5.  The board of medicine shall adopt rules pursuant to chapter 17A to administer this section.
    Sec. 3.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill creates Code chapter 146E relating to a prohibition on abortions based upon the detection of a fetal heartbeat. The bill provides definitions of terms used in the Code chapter, including those for “fetal heartbeat exception”, “medical emergency”, “reasonable medical judgment”, and “unborn child”. For the purposes of Code chapter 146E, unless otherwise provided, “medical emergency” means a situation in which an abortion is performed to preserve the life of the pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy, but not including psychological conditions, emotional conditions, familial conditions, or the woman’s age; or when continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman.
   The bill provides that, except in the case of a medical emergency or fetal heartbeat exception, a physician shall not perform an abortion unless the physician has first complied with the prerequisites of Code chapter 146A (prerequisites for abortion —— licensee discipline) and has tested the pregnant woman to determine if a fetal heartbeat is detectable. The bill prescribes the standards for testing for a fetal heartbeat, and provides that, following the test, a physician shall inform the pregnant woman, in writing, whether a fetal heartbeat was detected and that if a fetal heartbeat was detected, an abortion is prohibited. Upon receipt of the written information, the pregnant woman is required to sign a form acknowledging that the pregnant woman has received the required information. A physician shall retain documentation of the testing for a fetal heartbeat, the results of the test, and the pregnant woman’s signed form acknowledging that the pregnant woman received the required information.
   A physician is prohibited from performing an abortion upon a pregnant woman when it has been determined that a fetal heartbeat was detected, unless a medical emergency or fetal heartbeat exception exists. However, notwithstanding the prohibition relating to the detection of a fetal heartbeat and the medical emergency and fetal heartbeat exceptions under Code chapter 146E, if the physician determines that the probable postfertilization age, as defined in Code chapter 146B, of the unborn child is 20 or more weeks, the physician shall not perform an abortion on the pregnant woman when it has been determined that the unborn child has a detectable fetal heartbeat unless, in the physician’s reasonable medical judgment, the pregnant woman has a condition which the physician deems a medical emergency as defined in Code section 146B.1 (“medical emergency” means a situation in which an abortion is performed to preserve the life of the pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy, or when continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman) or the abortion is necessary to preserve the life of an unborn child.
   The bill is not to be construed to impose civil or criminal liability on a woman upon whom an abortion is performed in violation of the division. The board of medicine is directed to adopt administrative rules to administer the bill.
   The bill takes effect upon enactment.