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House File 732 - EnrolledAn Actprohibiting 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- 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
-2-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.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
AMY SINCLAIRPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 732, Ninetieth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2023______________________________
KIM REYNOLDSGovernorpf/rh
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- 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
-2-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.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
AMY SINCLAIRPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 732, Ninetieth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2023______________________________
KIM REYNOLDSGovernorpf/rh