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House File 53 - IntroducedA Bill ForAn Act 1relating to informed consent for medication abortions,
2and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 146E.1 Definitions.
2As used in this section, unless the context otherwise
3requires:
41. “Abortion” means the termination of a human pregnancy
5with the intent other than to produce a live birth or to remove
6a dead fetus.
72. “Abortion-inducing drug” means a drug, medicine, mixture,
8or preparation, when prescribed or administered with the intent
9to terminate the pregnancy of a woman known to be pregnant.
10“Abortion-inducing drug” includes mifepristone and misoprostol.
113. “Department” means the department of public health.
124. “Medical emergency” means the same as defined in section
13146B.1.
145. “Medication abortion” means an abortion induced by an
15abortion-inducing drug.
166. “Outpatient surgical facility” means the same as defined
17in section 135.61.
18 Sec. 2. NEW SECTION. 146E.2 Facility where medication
19abortions performed — posting of signs.
201. A private office, freestanding outpatient surgical
21facility, hospital, or other facility in which medication
22abortions are performed shall conspicuously post a sign in
23a location specified in this section, clearly visible to
24patients, which reads as follows:
25Recent developing research has indicated that a medication
26abortion utilizing an abortion-inducing drug is not always
27effective in ending a pregnancy. It may be possible to avoid,
28cease, or even to reverse the intended effects of a medication
29abortion that utilizes an abortion-inducing drug. Please
30consult with a health care professional immediately.
312. The sign required pursuant to subsection 1 shall be
32printed with lettering that is legible and shall be at least
33three-quarters of an inch in boldface type.
343. A facility in which medication abortions are performed
35that is a private office or a freestanding outpatient surgical
-1-1facility shall post the required sign in each patient waiting
2room and patient consultation room used by patients on whom
3medication abortions are performed. A hospital or any other
4facility in which medication abortions are performed that
5is not a private office or freestanding outpatient surgical
6facility shall post the required sign in each patient admission
7area used by patients on whom medication abortions are
8performed.
9 Sec. 3. NEW SECTION. 146E.3 Medication abortion — informed
10consent.
111. Except in the case of a medical emergency, in addition to
12compliance with the prerequisites of chapter 146A, a physician
13shall not perform or attempt to perform a medication abortion
14unless the physician who will perform the medication abortion,
15the referring physician, or an agent of either physician
16obtains written certification from the pregnant woman that the
17woman has been informed, by telephone or in person, prior to
18the medication abortion of all of the following:
19a. All of the risks commonly associated with a medication
20abortion.
21b. That it may be possible to reverse the intended effects
22of a medication abortion if the woman changes her mind but that
23time is of the essence.
24c. That information on and assistance with reversing
25the effects of a medication abortion is available on the
26department’s internet site.
272. Following the dispensing of an abortion-inducing drug,
28the attending physician or an agent of the attending physician
29shall provide written medical discharge instructions to the
30woman which must include the following statement:
31Recent developing research has indicated that a medication
32abortion utilizing an abortion-inducing drug is not always
33effective in ending a pregnancy. It may be possible to avoid,
34cease, or even to reverse the intended effects of a medication
35abortion that utilizes an abortion-inducing drug. Please
-2-1consult with a health care professional immediately.
23. The attending physician or an agent of the attending
3physician shall maintain documentation verifying compliance
4with this section in the woman’s medical record.
5 Sec. 4. NEW SECTION. 146E.4 Informational materials.
6The department shall publish and shall make available
7on the department’s internet site, materials designed to
8inform a woman of the possibility of reversing the effects
9of a medication abortion if the woman changes her mind, and
10information on and assistance with resources that may be
11available to help reverse the effects of a medication abortion.
12 Sec. 5. NEW SECTION. 146E.5 Licensee discipline.
13Failure of a physician to comply with this chapter is grounds
14for licensee discipline under chapter 148.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill relates to informed consent for medication
19abortions.
20A medication abortion is defined in the bill as an abortion
21induced by an abortion-inducing drug, defined as a drug,
22medicine, mixture, or preparation, when it is prescribed or
23administered with the intent to terminate the pregnancy of a
24woman known to be pregnant. An abortion-inducing drug includes
25mifepristone and misoprostol.
26The bill requires a private office, freestanding outpatient
27surgical facility, hospital, or other facility in which
28medication abortions are performed to conspicuously post a
29sign in a location as described in the bill relating to the
30effectiveness and possibility of avoiding, ceasing, or even
31reversing the effects of a medication abortion.
32The bill requires that, except in the case of a medical
33emergency, in addition to compliance with the abortion
34prerequisites of Code chapter 146A, a physician shall not
35perform or attempt to perform a medication abortion unless
-3-1the physician who will perform the medication abortion,
2the referring physician, or an agent of either physician
3obtains written certification from the pregnant woman. The
4written certification shall provide that the woman has been
5informed, by telephone or in person, prior to the medication
6abortion, of all of the risks commonly associated with a
7medication abortion, that it may be possible to reverse
8the intended effects of a medication abortion if the woman
9changes her mind but that time is of the essence, and that
10information on and assistance with reversing the effects of a
11medication abortion is available on the department of public
12health’s (DPH) internet site. Following the dispensing of an
13abortion-inducing drug, the attending physician or an agent of
14the attending physician shall provide written medical discharge
15instructions to the woman which must include the statement
16specified in the bill.
17The bill requires DPH to publish and to make available
18on DPH’s internet site, materials designed to inform a woman
19of the possibility of reversing the effects of a medication
20abortion if the woman changes her mind, and information on and
21assistance with the resources that may be available to help
22reverse the effects of a medication abortion.
23Failure of a physician to comply with the bill is grounds for
24licensee discipline under Code chapter 148.
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2and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 146E.1 Definitions.
2As used in this section, unless the context otherwise
3requires:
41. “Abortion” means the termination of a human pregnancy
5with the intent other than to produce a live birth or to remove
6a dead fetus.
72. “Abortion-inducing drug” means a drug, medicine, mixture,
8or preparation, when prescribed or administered with the intent
9to terminate the pregnancy of a woman known to be pregnant.
10“Abortion-inducing drug” includes mifepristone and misoprostol.
113. “Department” means the department of public health.
124. “Medical emergency” means the same as defined in section
13146B.1.
145. “Medication abortion” means an abortion induced by an
15abortion-inducing drug.
166. “Outpatient surgical facility” means the same as defined
17in section 135.61.
18 Sec. 2. NEW SECTION. 146E.2 Facility where medication
19abortions performed — posting of signs.
201. A private office, freestanding outpatient surgical
21facility, hospital, or other facility in which medication
22abortions are performed shall conspicuously post a sign in
23a location specified in this section, clearly visible to
24patients, which reads as follows:
25Recent developing research has indicated that a medication
26abortion utilizing an abortion-inducing drug is not always
27effective in ending a pregnancy. It may be possible to avoid,
28cease, or even to reverse the intended effects of a medication
29abortion that utilizes an abortion-inducing drug. Please
30consult with a health care professional immediately.
312. The sign required pursuant to subsection 1 shall be
32printed with lettering that is legible and shall be at least
33three-quarters of an inch in boldface type.
343. A facility in which medication abortions are performed
35that is a private office or a freestanding outpatient surgical
-1-1facility shall post the required sign in each patient waiting
2room and patient consultation room used by patients on whom
3medication abortions are performed. A hospital or any other
4facility in which medication abortions are performed that
5is not a private office or freestanding outpatient surgical
6facility shall post the required sign in each patient admission
7area used by patients on whom medication abortions are
8performed.
9 Sec. 3. NEW SECTION. 146E.3 Medication abortion — informed
10consent.
111. Except in the case of a medical emergency, in addition to
12compliance with the prerequisites of chapter 146A, a physician
13shall not perform or attempt to perform a medication abortion
14unless the physician who will perform the medication abortion,
15the referring physician, or an agent of either physician
16obtains written certification from the pregnant woman that the
17woman has been informed, by telephone or in person, prior to
18the medication abortion of all of the following:
19a. All of the risks commonly associated with a medication
20abortion.
21b. That it may be possible to reverse the intended effects
22of a medication abortion if the woman changes her mind but that
23time is of the essence.
24c. That information on and assistance with reversing
25the effects of a medication abortion is available on the
26department’s internet site.
272. Following the dispensing of an abortion-inducing drug,
28the attending physician or an agent of the attending physician
29shall provide written medical discharge instructions to the
30woman which must include the following statement:
31Recent developing research has indicated that a medication
32abortion utilizing an abortion-inducing drug is not always
33effective in ending a pregnancy. It may be possible to avoid,
34cease, or even to reverse the intended effects of a medication
35abortion that utilizes an abortion-inducing drug. Please
-2-1consult with a health care professional immediately.
23. The attending physician or an agent of the attending
3physician shall maintain documentation verifying compliance
4with this section in the woman’s medical record.
5 Sec. 4. NEW SECTION. 146E.4 Informational materials.
6The department shall publish and shall make available
7on the department’s internet site, materials designed to
8inform a woman of the possibility of reversing the effects
9of a medication abortion if the woman changes her mind, and
10information on and assistance with resources that may be
11available to help reverse the effects of a medication abortion.
12 Sec. 5. NEW SECTION. 146E.5 Licensee discipline.
13Failure of a physician to comply with this chapter is grounds
14for licensee discipline under chapter 148.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill relates to informed consent for medication
19abortions.
20A medication abortion is defined in the bill as an abortion
21induced by an abortion-inducing drug, defined as a drug,
22medicine, mixture, or preparation, when it is prescribed or
23administered with the intent to terminate the pregnancy of a
24woman known to be pregnant. An abortion-inducing drug includes
25mifepristone and misoprostol.
26The bill requires a private office, freestanding outpatient
27surgical facility, hospital, or other facility in which
28medication abortions are performed to conspicuously post a
29sign in a location as described in the bill relating to the
30effectiveness and possibility of avoiding, ceasing, or even
31reversing the effects of a medication abortion.
32The bill requires that, except in the case of a medical
33emergency, in addition to compliance with the abortion
34prerequisites of Code chapter 146A, a physician shall not
35perform or attempt to perform a medication abortion unless
-3-1the physician who will perform the medication abortion,
2the referring physician, or an agent of either physician
3obtains written certification from the pregnant woman. The
4written certification shall provide that the woman has been
5informed, by telephone or in person, prior to the medication
6abortion, of all of the risks commonly associated with a
7medication abortion, that it may be possible to reverse
8the intended effects of a medication abortion if the woman
9changes her mind but that time is of the essence, and that
10information on and assistance with reversing the effects of a
11medication abortion is available on the department of public
12health’s (DPH) internet site. Following the dispensing of an
13abortion-inducing drug, the attending physician or an agent of
14the attending physician shall provide written medical discharge
15instructions to the woman which must include the statement
16specified in the bill.
17The bill requires DPH to publish and to make available
18on DPH’s internet site, materials designed to inform a woman
19of the possibility of reversing the effects of a medication
20abortion if the woman changes her mind, and information on and
21assistance with the resources that may be available to help
22reverse the effects of a medication abortion.
23Failure of a physician to comply with the bill is grounds for
24licensee discipline under Code chapter 148.
-4-pf/rh