HF 775 (LSB 2662HV (1) 91)

HOUSE FILE 775

BY  COMMITTEE ON HEALTH AND HUMAN SERVICES

(SUCCESSOR TO HSB 186)

A BILL FOR

An Act relating to medication abortions including required informed consent and the dispensing of abortion-inducing drugs to patients within the state.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  146F.1  Definitions.
   As used in this section, 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.  “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.
   3.  “Department” means the department of health and human services.
   4.  “Dispense” means relative to an abortion-inducing drug, to deliver the abortion-inducing drug to the ultimate user.
   5.  “Health care setting” means a clinic, medical office, or hospital. 
   6.  “Medical emergency” means the same as defined in section 146B.1.
   7.  “Medication abortion” means an abortion performed by the administration or use of an abortion-inducing drug.
   8.  “Organized outpatient health facility” means the same as defined in section 10A.711.
    Sec. 2.  NEW SECTION.  146F.2  Facility where medication abortions performed —— posting of signs.
   1.  A private office, freestanding organized outpatient health facility, hospital, or other facility in which medication abortions are performed shall conspicuously post a sign in a location specified in this section, clearly visible to patients, which reads as follows:
   Recent developing research has indicated that a medication abortion utilizing an abortion-inducing drug is not always effective in ending a pregnancy. It may be possible to avoid, cease, or even to reverse the intended effects of a medication abortion that utilizes an abortion-inducing drug. Please consult with a health care professional immediately.

   2.  The sign required pursuant to subsection 1 shall be printed with lettering that is legible and shall be at least three-quarters of an inch in boldface type.
   3.  A facility in which medication abortions are performed that is a private office or a freestanding organized outpatient health facility shall post the required sign in each patient waiting room and patient consultation room used by patients on whom medication abortions are performed. A hospital or any other facility in which medication abortions are performed that is not a private office or freestanding organized outpatient health facility shall post the required sign in each patient admission area used by patients on whom medication abortions are performed.
    Sec. 3.  NEW SECTION.  146F.3  Medication abortion —— informed consent.
   1.  Except in the case of a medical emergency, in addition to compliance with the prerequisites of chapter 146A, a physician shall not perform or attempt to perform a medication abortion unless the physician who will perform the medication abortion, the referring physician, or an agent of either physician obtains written certification from the pregnant woman that the woman has been informed, by telephone or in person, prior to the medication abortion of all of the following:
   a.  All of the risks commonly associated with a medication abortion.
   b.  That it may be possible to reverse the intended effects of a medication abortion if the woman changes her mind but that time is of the essence.
   c.  That information on and assistance with reversing the effects of a medication abortion is available on the department’s internet site.
   2.  Following the dispensing of an abortion-inducing drug, the attending physician or an agent of the attending physician shall provide written medical discharge instructions to the woman which must include the following statement:
   Recent developing research has indicated that a medication abortion utilizing an abortion-inducing drug is not always effective in ending a pregnancy. It may be possible to avoid, cease, or even to reverse the intended effects of a medication abortion that utilizes an abortion-inducing drug. Please consult with a health care professional immediately.

   3.  The attending physician or an agent of the attending physician shall maintain documentation verifying compliance with this section in the woman’s medical record.
    Sec. 4.  NEW SECTION.  146F.4  Informational materials.
   The department shall publish and shall make available on the department’s internet site, materials designed to inform a woman of the possibility of reversing the effects of a medication abortion if the woman changes her mind, and information on and assistance with resources that may be available to help reverse the effects of a medication abortion. 
    Sec. 5.  NEW SECTION.  146F.5  Dispensing of mifepristone.
   A person shall not dispense mifepristone to a patient in this state for use by such patient in inducing a medication abortion unless the mifepristone is dispensed directly to such patient in a health care setting.
    Sec. 6.  NEW SECTION.  146F.6  Licensee discipline —— penalty.
   Failure of a physician to comply with this chapter is grounds for licensee discipline under chapter 148.
    Sec. 7.  NEW SECTION.  146F.7  Construction.
   This chapter shall not be construed to create or recognize a right to an abortion or to impose civil or criminal liability on a woman upon whom an abortion is performed.
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 medication abortions.
   The bill requires a private office, freestanding organized outpatient health facility, hospital, or other facility in which medication abortions are performed to conspicuously post a sign in a location as described in the bill relating to the effectiveness and possibility of avoiding, ceasing, or even reversing the effects of a medication abortion.
   The bill requires that, except in the case of a medical emergency, in addition to compliance with the abortion prerequisites of Code chapter 146A, a physician shall not perform or attempt to perform a medication abortion unless the physician who will perform the medication abortion, the referring physician, or an agent of either physician obtains written certification from the pregnant woman. The written certification shall provide that the woman has been informed, by telephone or in person, prior to the medication abortion, of all of the risks commonly associated with a medication abortion, that it may be possible to reverse the intended effects of a medication abortion if the woman changes her mind but that time is of the essence, and that information on and assistance with reversing the effects of a medication abortion is available on the department of health and human services (HHS) internet site. Following the dispensing of an abortion-inducing drug, the attending physician or an agent of the attending physician shall provide written medical discharge instructions to the woman which must include the statement specified in the bill.
   The bill requires HHS to publish and to make available on HHS’s internet site, materials designed to inform a woman of the possibility of reversing the effects of a medication abortion if the woman changes her mind, and information on and assistance with the resources that may be available to help reverse the effects of a medication abortion. 
   The bill also prohibits a person from dispensing mifepristone to a patient in this state for use by such patient in inducing a medication abortion unless the mifepristone is dispensed directly to such patient in a health care setting.
   Failure of a physician to comply with the bill is grounds for licensee discipline.
   The bill also provides that the bill shall not be construed to create or recognize a right to an abortion or to impose civil or criminal liability on a woman upon whom an abortion is performed.