Senate File 2281 - Reprinted SENATE FILE 2281 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3143) (As Amended and Passed by the Senate February 28, 2018 ) A BILL FOR An Act relating to the prerequisites for and prohibition 1 against an abortion related to the testing for, and 2 following the detection of, a fetal heartbeat, providing for 3 a repeal, and providing penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 SF 2281 (4) 87 pf/rh/jh
S.F. 2281 Section 1. Section 146A.1, subsections 2 and 6, Code 2018, 1 are amended to read as follows: 2 2. Compliance with the prerequisites of this section shall 3 not apply to any of the following: 4 a. An abortion performed to save the life of a pregnant 5 woman. 6 b. An an abortion performed in a medical emergency. 7 c. The performance of a medical procedure by a physician 8 that in the physician’s reasonable medical judgment is designed 9 to or intended to prevent the death or to preserve the life of 10 the pregnant woman. 11 6. As used in this section , “unborn child” : 12 a. “Medical emergency” means a situation in which an 13 abortion is performed to preserve the life of the pregnant 14 woman whose life is endangered by a physical disorder, physical 15 illness, or physical injury, including a life-endangering 16 physical condition caused by or arising from the pregnancy, but 17 not including psychological conditions, emotional conditions, 18 familial conditions, or the woman’s age. 19 b. “Unborn child” means an individual organism of the 20 species homo sapiens from fertilization to live birth. 21 Sec. 2. NEW SECTION . 146C.1 Definitions. 22 As used in this chapter, unless the context otherwise 23 requires: 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. “Fetal heartbeat” means cardiac activity, the steady and 28 repetitive rhythmic contraction of the fetal heart within the 29 gestational sac. 30 3. “Medical emergency” means the same as defined in section 31 146A.1. 32 4. “Physician” means a person licensed under chapter 148. 33 5. “Reasonable medical judgment” means a medical judgment 34 made by a reasonably prudent physician who is knowledgeable 35 -1- SF 2281 (4) 87 pf/rh/jh 1/ 3
S.F. 2281 about the case and the treatment possibilities with respect to 1 the medical conditions involved. 2 6. “Unborn child” means the same as defined in section 3 146A.1. 4 Sec. 3. NEW SECTION . 146C.2 Abortion prohibited —— 5 detectable fetal heartbeat —— penalty. 6 1. Except in the case of a medical emergency, a physician 7 shall not perform an abortion unless the physician has first 8 complied with the prerequisites of chapter 146A and has 9 tested the pregnant woman as specified in this subsection, to 10 determine if a fetal heartbeat is detectable. 11 a. In testing for a detectable fetal heartbeat, the 12 physician shall perform an abdominal ultrasound, necessary to 13 detect a fetal heartbeat according to standard medical practice 14 and including the use of medical devices, as determined by 15 standard medical practice and specified by rule of the board 16 of medicine. 17 b. Following the testing of the pregnant woman for a 18 detectable fetal heartbeat, the physician shall inform the 19 pregnant woman, in writing, of all of the following: 20 (1) Whether a fetal heartbeat was detected. 21 (2) That if a fetal heartbeat was detected, an abortion is 22 prohibited. 23 c. Upon receipt of the written information, the pregnant 24 woman shall sign a form acknowledging that the pregnant woman 25 has received the information as required under this subsection. 26 2. A physician shall not perform an abortion upon a pregnant 27 woman when it has been determined that the unborn child has 28 a detectable fetal heartbeat, unless, in the physician’s 29 reasonable medical judgment, a medical emergency exists. 30 3. a. A physician who knowingly and intentionally performs 31 an abortion on a pregnant woman, when it has been determined 32 pursuant to subsection 2 that the unborn child has a detectable 33 fetal heartbeat and a medical emergency does not exist, is 34 guilty of a class “D” felony. 35 -2- SF 2281 (4) 87 pf/rh/jh 2/ 3
S.F. 2281 b. A physician charged or indicted for violation under this 1 subsection may request a hearing before the board of medicine 2 to determine if a medical emergency existed that necessitated 3 the performance of the abortion. The findings of the board of 4 medicine are admissible on the issue of medical emergency in 5 any criminal proceedings. Upon motion of the physician, the 6 court shall delay any criminal proceedings for not more than 7 thirty days to permit such a hearing to be held. 8 4. A physician shall retain in the woman’s medical record 9 all of the following: 10 a. Documentation of the testing for a fetal heartbeat 11 as specified in subsection 1 and the results of the fetal 12 heartbeat test. 13 b. The pregnant woman’s signed form acknowledging that 14 the pregnant woman received the information as required under 15 subsection 1. 16 c. Any information entered into evidence by the physician in 17 any hearing before the board of medicine pursuant to subsection 18 3. 19 5. This section shall not be construed to impose civil 20 or criminal liability on a woman upon whom an abortion is 21 performed in violation of this section. 22 6. The board of medicine shall adopt rules pursuant to 23 chapter 17A to administer this section. 24 Sec. 4. REPEAL. Chapter 146B, Code 2018, is repealed. 25 -3- SF 2281 (4) 87 pf/rh/jh 3/ 3