Senate File 579 - Introduced SENATE FILE 579 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 1223) A BILL FOR An Act prohibiting and requiring certain actions relating to 1 abortion involving the detection of a fetal heartbeat, and 2 including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2572SV (1) 90 pf/rh
S.F. 579 Section 1. NEW SECTION . 146E.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. Abortion means the termination of a human pregnancy 4 with the intent other than to produce a live birth or to remove 5 a dead fetus. 6 2. Fetal heartbeat means cardiac activity, the steady and 7 repetitive rhythmic contraction of the fetal heart within the 8 gestational sac. 9 3. Fetal heartbeat exception means any of the following: 10 a. The pregnancy is the result of a rape which is reported 11 within forty-five days of the incident to a law enforcement 12 agency or to a public or private health agency which may 13 include a family physician. 14 b. The pregnancy is the result of incest which is reported 15 within one hundred forty days of the incident to a law 16 enforcement agency or to a public or private health agency 17 which may include a family physician. 18 c. Any spontaneous abortion, commonly known as a 19 miscarriage, if not all of the products of conception are 20 expelled. 21 d. The attending physician certifies that the fetus has a 22 fetal abnormality that in the physicians reasonable medical 23 judgment is incompatible with life. 24 4. Medical emergency means the same as defined in section 25 146A.1. 26 5. Physician means a person licensed under chapter 148. 27 6. Reasonable medical judgment means a medical judgment 28 made by a reasonably prudent physician who is knowledgeable 29 about the case and the treatment possibilities with respect to 30 the medical conditions involved. 31 7. Unborn child means the same as defined in section 32 146A.1. 33 Sec. 2. NEW SECTION . 146E.2 Abortion prohibited 34 detectable fetal heartbeat. 35 -1- LSB 2572SV (1) 90 pf/rh 1/ 5
S.F. 579 1. Except in the case of a medical emergency or fetal 1 heartbeat exception, a physician shall not perform an abortion 2 unless the physician has first complied with the prerequisites 3 of chapter 146A and has tested the pregnant woman as specified 4 in this subsection, to determine if a fetal heartbeat is 5 detectable. 6 a. In testing for a detectable fetal heartbeat, the 7 physician shall perform an abdominal ultrasound, necessary to 8 detect a fetal heartbeat according to standard medical practice 9 and including the use of medical devices, as determined by 10 standard medical practice and specified by rule of the board 11 of medicine. 12 b. Following the testing of the pregnant woman for a 13 detectable fetal heartbeat, the physician shall inform the 14 pregnant woman, in writing, of all of the following: 15 (1) Whether a fetal heartbeat was detected. 16 (2) That if a fetal heartbeat was detected, an abortion is 17 prohibited. 18 c. Upon receipt of the written information, the pregnant 19 woman shall sign a form acknowledging that the pregnant woman 20 has received the information as required under this subsection. 21 2. a. A physician shall not perform an abortion upon a 22 pregnant woman when it has been determined that the unborn 23 child has a detectable fetal heartbeat, unless, in the 24 physicians reasonable medical judgment, a medical emergency or 25 fetal heartbeat exception exists. 26 b. Notwithstanding paragraph a , if a physician determines 27 that the probable postfertilization age, as defined in 28 section 146B.1, of the unborn child is twenty or more weeks, 29 the physician shall not perform an abortion upon a pregnant 30 woman when it has been determined that the unborn child 31 has a detectable fetal heartbeat, unless in the physicians 32 reasonable medical judgment the pregnant woman has a condition 33 which the physician deems a medical emergency, as defined in 34 section 146B.1, or the abortion is necessary to preserve the 35 -2- LSB 2572SV (1) 90 pf/rh 2/ 5
S.F. 579 life of an unborn child. 1 3. A physician shall retain in the womans medical record 2 all of the following: 3 a. Documentation of the testing for a fetal heartbeat 4 as specified in subsection 1 and the results of the fetal 5 heartbeat test. 6 b. The pregnant womans signed form acknowledging that 7 the pregnant woman received the information as required under 8 subsection 1. 9 4. This section shall not be construed to impose civil 10 or criminal liability on a woman upon whom an abortion is 11 performed in violation of this section. 12 5. The board of medicine shall adopt rules pursuant to 13 chapter 17A to administer this section. 14 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 15 importance, takes effect upon enactment. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanations substance by the members of the general assembly. 19 This bill creates Code chapter 146E relating to a 20 prohibition on abortions based upon the detection of a fetal 21 heartbeat. The bill provides definitions of terms used in the 22 Code chapter, including those for fetal heartbeat exception, 23 medical emergency, reasonable medical judgment, and 24 unborn child. For the purposes of Code chapter 146E, unless 25 otherwise provided, medical emergency means a situation 26 in which an abortion is performed to preserve the life of 27 the pregnant woman whose life is endangered by a physical 28 disorder, physical illness, or physical injury, including a 29 life-endangering physical condition caused by or arising from 30 the pregnancy, but not including psychological conditions, 31 emotional conditions, familial conditions, or the womans age; 32 or when continuation of the pregnancy will create a serious 33 risk of substantial and irreversible impairment of a major 34 bodily function of the pregnant woman. 35 -3- LSB 2572SV (1) 90 pf/rh 3/ 5
S.F. 579 The bill provides that, except in the case of a medical 1 emergency or fetal heartbeat exception, a physician shall not 2 perform an abortion unless the physician has first complied 3 with the prerequisites of Code chapter 146A (prerequisites 4 for abortion licensee discipline) and has tested the 5 pregnant woman to determine if a fetal heartbeat is detectable. 6 The bill prescribes the standards for testing for a fetal 7 heartbeat, and provides that, following the test, a physician 8 shall inform the pregnant woman, in writing, whether a fetal 9 heartbeat was detected and that if a fetal heartbeat was 10 detected, an abortion is prohibited. Upon receipt of the 11 written information, the pregnant woman is required to sign a 12 form acknowledging that the pregnant woman has received the 13 required information. A physician shall retain documentation 14 of the testing for a fetal heartbeat, the results of the test, 15 and the pregnant womans signed form acknowledging that the 16 pregnant woman received the required information. 17 A physician is prohibited from performing an abortion upon 18 a pregnant woman when it has been determined that a fetal 19 heartbeat was detected, unless a medical emergency or fetal 20 heartbeat exception exists. However, notwithstanding the 21 prohibition relating to the detection of a fetal heartbeat 22 and the medical emergency and fetal heartbeat exceptions 23 under Code chapter 146E, if the physician determines that the 24 probable postfertilization age, as defined in Code chapter 25 146B, of the unborn child is 20 or more weeks, the physician 26 shall not perform an abortion on the pregnant woman when it 27 has been determined that the unborn child has a detectable 28 fetal heartbeat unless, in the physicians reasonable medical 29 judgment, the pregnant woman has a condition which the 30 physician deems a medical emergency as defined in Code section 31 146B.1 (medical emergency means a situation in which an 32 abortion is performed to preserve the life of the pregnant 33 woman whose life is endangered by a physical disorder, physical 34 illness, or physical injury, including a life-endangering 35 -4- LSB 2572SV (1) 90 pf/rh 4/ 5
S.F. 579 physical condition caused by or arising from the pregnancy, or 1 when continuation of the pregnancy will create a serious risk 2 of substantial and irreversible impairment of a major bodily 3 function of the pregnant woman) or the abortion is necessary to 4 preserve the life of an unborn child. 5 The bill is not to be construed to impose civil or criminal 6 liability on a woman upon whom an abortion is performed in 7 violation of the division. The board of medicine is directed 8 to adopt administrative rules to administer the bill. 9 The bill takes effect upon enactment. 10 -5- LSB 2572SV (1) 90 pf/rh 5/ 5