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Senate File 579 - IntroducedA Bill ForAn Act 1prohibiting and requiring certain actions relating to
2abortion involving the detection of a fetal heartbeat, and
3including effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 146E.1 Definitions.
2As used in this chapter, 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. “Fetal heartbeat” means cardiac activity, the steady and
8repetitive rhythmic contraction of the fetal heart within the
9gestational sac.
103. “Fetal heartbeat exception” means any of the following:
11a. The pregnancy is the result of a rape which is reported
12within forty-five days of the incident to a law enforcement
13agency or to a public or private health agency which may
14include a family physician.
15b. The pregnancy is the result of incest which is reported
16within one hundred forty days of the incident to a law
17enforcement agency or to a public or private health agency
18which may include a family physician.
19c. Any spontaneous abortion, commonly known as a
20miscarriage, if not all of the products of conception are
21expelled.
22d. The attending physician certifies that the fetus has a
23fetal abnormality that in the physician’s reasonable medical
24judgment is incompatible with life.
254. “Medical emergency” means the same as defined in section
26146A.1.
275. “Physician” means a person licensed under chapter 148.
286. “Reasonable medical judgment” means a medical judgment
29made by a reasonably prudent physician who is knowledgeable
30about the case and the treatment possibilities with respect to
31the medical conditions involved.
327. “Unborn child” means the same as defined in section
33146A.1.
34 Sec. 2. NEW SECTION. 146E.2 Abortion prohibited —
35detectable fetal heartbeat.
-1- 11. Except in the case of a medical emergency or fetal
2heartbeat exception, a physician shall not perform an abortion
3unless the physician has first complied with the prerequisites
4of chapter 146A and has tested the pregnant woman as specified
5in this subsection, to determine if a fetal heartbeat is
6detectable.
7a. In testing for a detectable fetal heartbeat, the
8physician shall perform an abdominal ultrasound, necessary to
9detect a fetal heartbeat according to standard medical practice
10and including the use of medical devices, as determined by
11standard medical practice and specified by rule of the board
12of medicine.
13b. Following the testing of the pregnant woman for a
14detectable fetal heartbeat, the physician shall inform the
15pregnant woman, in writing, of all of the following:
16(1) Whether a fetal heartbeat was detected.
17(2) That if a fetal heartbeat was detected, an abortion is
18prohibited.
19c. Upon receipt of the written information, the pregnant
20woman shall sign a form acknowledging that the pregnant woman
21has received the information as required under this subsection.
222. a. A physician shall not perform an abortion upon a
23pregnant woman when it has been determined that the unborn
24child has a detectable fetal heartbeat, unless, in the
25physician’s reasonable medical judgment, a medical emergency or
26fetal heartbeat exception exists.
27b. Notwithstanding paragraph “a”, if a physician determines
28that the probable postfertilization age, as defined in
29section 146B.1, of the unborn child is twenty or more weeks,
30the physician shall not perform an abortion upon a pregnant
31woman when it has been determined that the unborn child
32has a detectable fetal heartbeat, unless in the physician’s
33reasonable medical judgment the pregnant woman has a condition
34which the physician deems a medical emergency, as defined in
35section 146B.1, or the abortion is necessary to preserve the
-2-1life of an unborn child.
23. A physician shall retain in the woman’s medical record
3all of the following:
4a. Documentation of the testing for a fetal heartbeat
5as specified in subsection 1 and the results of the fetal
6heartbeat test.
7b. The pregnant woman’s signed form acknowledging that
8the pregnant woman received the information as required under
9subsection 1.
104. This section shall not be construed to impose civil
11or criminal liability on a woman upon whom an abortion is
12performed in violation of this section.
135. The board of medicine shall adopt rules pursuant to
14chapter 17A to administer this section.
15 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
16importance, takes effect upon enactment.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20This bill creates Code chapter 146E relating to a
21prohibition on abortions based upon the detection of a fetal
22heartbeat. The bill provides definitions of terms used in the
23Code chapter, including those for “fetal heartbeat exception”,
24“medical emergency”, “reasonable medical judgment”, and
25“unborn child”. For the purposes of Code chapter 146E, unless
26otherwise provided, “medical emergency” means a situation
27in which an abortion is performed to preserve the life of
28the pregnant woman whose life is endangered by a physical
29disorder, physical illness, or physical injury, including a
30life-endangering physical condition caused by or arising from
31the pregnancy, but not including psychological conditions,
32emotional conditions, familial conditions, or the woman’s age;
33or when continuation of the pregnancy will create a serious
34risk of substantial and irreversible impairment of a major
35bodily function of the pregnant woman.
-3- 1The bill provides that, except in the case of a medical
2emergency or fetal heartbeat exception, a physician shall not
3perform an abortion unless the physician has first complied
4with the prerequisites of Code chapter 146A (prerequisites
5for abortion — licensee discipline) and has tested the
6pregnant woman to determine if a fetal heartbeat is detectable.
7The bill prescribes the standards for testing for a fetal
8heartbeat, and provides that, following the test, a physician
9shall inform the pregnant woman, in writing, whether a fetal
10heartbeat was detected and that if a fetal heartbeat was
11detected, an abortion is prohibited. Upon receipt of the
12written information, the pregnant woman is required to sign a
13form acknowledging that the pregnant woman has received the
14required information. A physician shall retain documentation
15of the testing for a fetal heartbeat, the results of the test,
16and the pregnant woman’s signed form acknowledging that the
17pregnant woman received the required information.
18A physician is prohibited from performing an abortion upon
19a pregnant woman when it has been determined that a fetal
20heartbeat was detected, unless a medical emergency or fetal
21heartbeat exception exists. However, notwithstanding the
22prohibition relating to the detection of a fetal heartbeat
23and the medical emergency and fetal heartbeat exceptions
24under Code chapter 146E, if the physician determines that the
25probable postfertilization age, as defined in Code chapter
26146B, of the unborn child is 20 or more weeks, the physician
27shall not perform an abortion on the pregnant woman when it
28has been determined that the unborn child has a detectable
29fetal heartbeat unless, in the physician’s reasonable medical
30judgment, the pregnant woman has a condition which the
31physician deems a medical emergency as defined in Code section
32146B.1 (“medical emergency” means a situation in which an
33abortion is performed to preserve the life of the pregnant
34woman whose life is endangered by a physical disorder, physical
35illness, or physical injury, including a life-endangering
-4-1physical condition caused by or arising from the pregnancy, or
2when continuation of the pregnancy will create a serious risk
3of substantial and irreversible impairment of a major bodily
4function of the pregnant woman) or the abortion is necessary to
5preserve the life of an unborn child.
6The bill is not to be construed to impose civil or criminal
7liability on a woman upon whom an abortion is performed in
8violation of the division. The board of medicine is directed
9to adopt administrative rules to administer the bill.
10The bill takes effect upon enactment.
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2abortion involving the detection of a fetal heartbeat, and
3including effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 146E.1 Definitions.
2As used in this chapter, 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. “Fetal heartbeat” means cardiac activity, the steady and
8repetitive rhythmic contraction of the fetal heart within the
9gestational sac.
103. “Fetal heartbeat exception” means any of the following:
11a. The pregnancy is the result of a rape which is reported
12within forty-five days of the incident to a law enforcement
13agency or to a public or private health agency which may
14include a family physician.
15b. The pregnancy is the result of incest which is reported
16within one hundred forty days of the incident to a law
17enforcement agency or to a public or private health agency
18which may include a family physician.
19c. Any spontaneous abortion, commonly known as a
20miscarriage, if not all of the products of conception are
21expelled.
22d. The attending physician certifies that the fetus has a
23fetal abnormality that in the physician’s reasonable medical
24judgment is incompatible with life.
254. “Medical emergency” means the same as defined in section
26146A.1.
275. “Physician” means a person licensed under chapter 148.
286. “Reasonable medical judgment” means a medical judgment
29made by a reasonably prudent physician who is knowledgeable
30about the case and the treatment possibilities with respect to
31the medical conditions involved.
327. “Unborn child” means the same as defined in section
33146A.1.
34 Sec. 2. NEW SECTION. 146E.2 Abortion prohibited —
35detectable fetal heartbeat.
-1- 11. Except in the case of a medical emergency or fetal
2heartbeat exception, a physician shall not perform an abortion
3unless the physician has first complied with the prerequisites
4of chapter 146A and has tested the pregnant woman as specified
5in this subsection, to determine if a fetal heartbeat is
6detectable.
7a. In testing for a detectable fetal heartbeat, the
8physician shall perform an abdominal ultrasound, necessary to
9detect a fetal heartbeat according to standard medical practice
10and including the use of medical devices, as determined by
11standard medical practice and specified by rule of the board
12of medicine.
13b. Following the testing of the pregnant woman for a
14detectable fetal heartbeat, the physician shall inform the
15pregnant woman, in writing, of all of the following:
16(1) Whether a fetal heartbeat was detected.
17(2) That if a fetal heartbeat was detected, an abortion is
18prohibited.
19c. Upon receipt of the written information, the pregnant
20woman shall sign a form acknowledging that the pregnant woman
21has received the information as required under this subsection.
222. a. A physician shall not perform an abortion upon a
23pregnant woman when it has been determined that the unborn
24child has a detectable fetal heartbeat, unless, in the
25physician’s reasonable medical judgment, a medical emergency or
26fetal heartbeat exception exists.
27b. Notwithstanding paragraph “a”, if a physician determines
28that the probable postfertilization age, as defined in
29section 146B.1, of the unborn child is twenty or more weeks,
30the physician shall not perform an abortion upon a pregnant
31woman when it has been determined that the unborn child
32has a detectable fetal heartbeat, unless in the physician’s
33reasonable medical judgment the pregnant woman has a condition
34which the physician deems a medical emergency, as defined in
35section 146B.1, or the abortion is necessary to preserve the
-2-1life of an unborn child.
23. A physician shall retain in the woman’s medical record
3all of the following:
4a. Documentation of the testing for a fetal heartbeat
5as specified in subsection 1 and the results of the fetal
6heartbeat test.
7b. The pregnant woman’s signed form acknowledging that
8the pregnant woman received the information as required under
9subsection 1.
104. This section shall not be construed to impose civil
11or criminal liability on a woman upon whom an abortion is
12performed in violation of this section.
135. The board of medicine shall adopt rules pursuant to
14chapter 17A to administer this section.
15 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
16importance, takes effect upon enactment.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20This bill creates Code chapter 146E relating to a
21prohibition on abortions based upon the detection of a fetal
22heartbeat. The bill provides definitions of terms used in the
23Code chapter, including those for “fetal heartbeat exception”,
24“medical emergency”, “reasonable medical judgment”, and
25“unborn child”. For the purposes of Code chapter 146E, unless
26otherwise provided, “medical emergency” means a situation
27in which an abortion is performed to preserve the life of
28the pregnant woman whose life is endangered by a physical
29disorder, physical illness, or physical injury, including a
30life-endangering physical condition caused by or arising from
31the pregnancy, but not including psychological conditions,
32emotional conditions, familial conditions, or the woman’s age;
33or when continuation of the pregnancy will create a serious
34risk of substantial and irreversible impairment of a major
35bodily function of the pregnant woman.
-3- 1The bill provides that, except in the case of a medical
2emergency or fetal heartbeat exception, a physician shall not
3perform an abortion unless the physician has first complied
4with the prerequisites of Code chapter 146A (prerequisites
5for abortion — licensee discipline) and has tested the
6pregnant woman to determine if a fetal heartbeat is detectable.
7The bill prescribes the standards for testing for a fetal
8heartbeat, and provides that, following the test, a physician
9shall inform the pregnant woman, in writing, whether a fetal
10heartbeat was detected and that if a fetal heartbeat was
11detected, an abortion is prohibited. Upon receipt of the
12written information, the pregnant woman is required to sign a
13form acknowledging that the pregnant woman has received the
14required information. A physician shall retain documentation
15of the testing for a fetal heartbeat, the results of the test,
16and the pregnant woman’s signed form acknowledging that the
17pregnant woman received the required information.
18A physician is prohibited from performing an abortion upon
19a pregnant woman when it has been determined that a fetal
20heartbeat was detected, unless a medical emergency or fetal
21heartbeat exception exists. However, notwithstanding the
22prohibition relating to the detection of a fetal heartbeat
23and the medical emergency and fetal heartbeat exceptions
24under Code chapter 146E, if the physician determines that the
25probable postfertilization age, as defined in Code chapter
26146B, of the unborn child is 20 or more weeks, the physician
27shall not perform an abortion on the pregnant woman when it
28has been determined that the unborn child has a detectable
29fetal heartbeat unless, in the physician’s reasonable medical
30judgment, the pregnant woman has a condition which the
31physician deems a medical emergency as defined in Code section
32146B.1 (“medical emergency” means a situation in which an
33abortion is performed to preserve the life of the pregnant
34woman whose life is endangered by a physical disorder, physical
35illness, or physical injury, including a life-endangering
-4-1physical condition caused by or arising from the pregnancy, or
2when continuation of the pregnancy will create a serious risk
3of substantial and irreversible impairment of a major bodily
4function of the pregnant woman) or the abortion is necessary to
5preserve the life of an unborn child.
6The bill is not to be construed to impose civil or criminal
7liability on a woman upon whom an abortion is performed in
8violation of the division. The board of medicine is directed
9to adopt administrative rules to administer the bill.
10The bill takes effect upon enactment.
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