Bill Text: IA SSB1223 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act prohibiting and requiring certain actions relating to abortion involving the detection of a fetal heartbeat, and including effective date provisions.(See SF 579.)
Spectrum: Committee Bill
Status: (N/A) 2023-07-11 - Committee report approving bill, renumbered as SF 579. [SSB1223 Detail]
Download: Iowa-2023-SSB1223-Introduced.html
Senate
Study
Bill
1223
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
SCHULTZ)
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:
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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
physician’s
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.
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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
physician’s
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
physician’s
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
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life
of
an
unborn
child.
1
3.
A
physician
shall
retain
in
the
woman’s
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
woman’s
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
explanation’s
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
woman’s
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.
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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
woman’s
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
physician’s
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
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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.
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