House File 2163 - Introduced
HOUSE FILE
BY SALMON, HEARTSILL,
WHEELER, SHEETS,
WATTS, PETTENGILL,
GASSMAN, GUSTAFSON,
JACOBSEN, HOLT,
KOESTER, BAXTER,
FISHER, KERR,
DOLECHECK, LUNDGREN,
HAGER, MOORE, LANDON,
and ROGERS
A BILL FOR
1 An Act recognizing the rights and protections accorded
2 each life from the moment of fetal heartbeat detection,
3 prohibiting the performance of an abortion if a fetal
4 heartbeat is detected, providing for licensee discipline,
5 and providing a repeal.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 5124YH (11) 87
pf/rh
PAG LIN
1 1 DIVISION I
1 2 RIGHTS AND PROTECTIONS BEGINNING AT FETAL HEARTBEAT DETECTION
1 3 Section 1. NEW SECTION. 1.19 Rights and protections
1 4 beginning at fetal heartbeat detection ==== construction.
1 5 1. The sovereign state of Iowa recognizes that life is
1 6 valued and protected, and each life, from the moment the fetal
1 7 heartbeat is detected in accordance with section 146B.2, is
1 8 accorded the same rights and protections, including the right
1 9 to life, guaranteed to all persons by the Constitution of the
1 10 United States, the Constitution of the State of Iowa, and the
1 11 laws of this state.
1 12 2. This section shall not be construed to create or
1 13 recognize a right to an abortion, to impose civil or criminal
1 14 liability on a woman upon whom an abortion is performed, or to
1 15 prohibit the use of any means of contraception as defined in
1 16 section 146B.1.
1 17 DIVISION II
1 18 HEARTBEAT PROTECTION ACT
1 19 Sec. 2. NEW SECTION. 146B.01 Title.
1 20 This chapter shall be known and may be cited as the
1 21 "Heartbeat Protection Act".
1 22 Sec. 3. Section 146B.1, Code 2018, is amended by adding the
1 23 following new subsections:
1 24 NEW SUBSECTION. 01. "Abortifacient" means a method of
1 25 inhibiting the development of a human pregnancy at any stage
1 26 following conception.
1 27 NEW SUBSECTION. 2A. "Contraception" means a method of
1 28 inhibiting the development of a human pregnancy at any stage
1 29 prior to conception. "Contraception" does not include an
1 30 abortifacient.
1 31 NEW SUBSECTION. 4A. "Fetal heartbeat" means cardiac
1 32 activity, the steady and repetitive rhythmic contraction of the
1 33 fetal heart within the gestational sac.
1 34 NEW SUBSECTION. 10A. "Pregnancy" means the human female
1 35 reproductive condition that begins with fertilization when
2 1 the female is carrying the developing human offspring and is
2 2 calculated from the first day of the last menstrual period of
2 3 the human female.
2 4 Sec. 4. Section 146B.1, subsections 7 and 11, Code 2018, are
2 5 amended by striking the subsections.
2 6 Sec. 5. Section 146B.2, Code 2018, is amended by striking
2 7 the section and inserting in lieu thereof the following:
2 8 146B.2 Prohibition of abortion based on detection of fetal
2 9 heartbeat ==== exceptions ==== licensee discipline.
2 10 1. Except in the case of a medical emergency, an abortion
2 11 shall not be performed or be attempted to be performed unless
2 12 the physician performing the abortion has first complied with
2 13 the prerequisites of chapter 146A and has tested, and certified
2 14 in the pregnant woman's medical record the testing of, the
2 15 pregnant woman as specified in this subsection, to determine if
2 16 a fetal heartbeat is detectable.
2 17 a. In testing for a detectable fetal heartbeat, the
2 18 physician shall perform an abdominal ultrasound, necessary to
2 19 detect a fetal heartbeat according to standard medical practice
2 20 and including the use of medical devices, as determined by
2 21 standard medical practice and specified by rule of the board
2 22 of medicine.
2 23 b. Following the testing of the pregnant woman for a
2 24 detectable fetal heartbeat, the physician shall inform the
2 25 pregnant woman, in writing, of all of the following:
2 26 (1) Whether a fetal heartbeat was detected.
2 27 (2) That if a fetal heartbeat was detected, an abortion is
2 28 prohibited.
2 29 c. Upon receipt of the written information, the pregnant
2 30 woman shall sign a form acknowledging that the pregnant woman
2 31 has received the information as required under this subsection,
2 32 and a copy of the signed acknowledgment shall be included in
2 33 the pregnant woman's medical record.
2 34 2. A physician shall not perform or attempt to perform an
2 35 abortion upon a pregnant woman when it has been determined, by
3 1 the physician performing the abortion or by another physician
3 2 upon whose determination that physician relies, that the
3 3 unborn child has a detectable fetal heartbeat, unless, in the
3 4 physician's reasonable medical judgment, a medical emergency
3 5 exists.
3 6 3. Failure of a physician to comply with this section is
3 7 grounds for licensee discipline under chapter 148.
3 8 4. This section shall not be construed to do any of the
3 9 following:
3 10 a. Create or recognize a right to an abortion.
3 11 b. Impose civil or criminal liability on a woman upon whom
3 12 an abortion is performed.
3 13 c. Prohibit the sale, use, prescription, or administration
3 14 of a measure, drug, or chemical designed for the purposes of
3 15 contraception.
3 16 5. The board of medicine shall adopt rules pursuant to
3 17 chapter 17A to administer this section.
3 18 Sec. 6. REPEAL. Section 146B.3, Code 2018, is repealed.
3 19 DIVISION III
3 20 CONFORMING PROVISIONS
3 21 Sec. 7. Section 146A.1, subsection 6, Code 2018, is amended
3 22 to read as follows:
3 23 6. As used in this section, "medical emergency" and "unborn
3 24 child" means an individual organism of the species homo sapiens
3 25 from fertilization to live birth mean the same as defined in
3 26 section 146B.1.
3 27 EXPLANATION
3 28 The inclusion of this explanation does not constitute agreement with
3 29 the explanation's substance by the members of the general assembly.
3 30 This bill includes provisions relating to the rights of
3 31 protection accorded each life and the prohibition against
3 32 abortion, based on detection of a fetal heartbeat. The bill is
3 33 organized into divisions.
3 34 Division I provides for the recognition that each life
3 35 begins at the moment the fetal heartbeat is detected, and that
4 1 at that point is accorded the same rights and protections
4 2 guaranteed to all persons by the Constitution of the United
4 3 States, the Constitution of the State of Iowa, and the laws of
4 4 this state. This provision is not to be construed to create or
4 5 recognize a right to an abortion, to impose civil or criminal
4 6 liability on a woman upon whom an abortion is performed, or to
4 7 prohibit the use of any means of contraception.
4 8 Division II repeals or strikes and replaces portions of Code
4 9 chapter 146B (abortion == limitations and prerequisites) which
4 10 prohibits the abortion of an unborn child (defined in Code
4 11 section 146B.1 as an individual organism of the species homo
4 12 sapiens from fertilization until live birth) from 20 or more
4 13 weeks postfertilization age, to instead prohibit an abortion
4 14 from the time an unborn child has a detectable heartbeat. The
4 15 bill also provides definitions, provides for the manner in
4 16 which a physician is to test for a detectable fetal heartbeat,
4 17 requires written information to be provided to a pregnant woman
4 18 following the testing for a fetal heartbeat, and requires that
4 19 upon receipt of the written information, the pregnant woman
4 20 shall sign a form acknowledging receipt of the information and
4 21 a copy of the signed acknowledgment is to be included in the
4 22 woman's medical record.
4 23 The division prohibits a physician from performing or
4 24 attempting to perform an abortion upon a pregnant woman when it
4 25 has been determined, by the physician performing the abortion
4 26 or by another physician upon whose determination that physician
4 27 relies, that the unborn child has a detectable fetal heartbeat,
4 28 unless, in the physician's reasonable medical judgment, a
4 29 medical emergency exists. Failure of a physician to comply
4 30 with the division is grounds for licensee discipline under Code
4 31 chapter 148 (medicine and surgery and osteopathic medicine
4 32 and surgery). The division is not to be construed to create
4 33 or recognize a right to an abortion; impose civil or criminal
4 34 liability on a woman upon whom an abortion is performed; or
4 35 to prohibit the sale, use, prescription, or administration
5 1 of a measure, drug, or chemical designed for the purposes of
5 2 contraception. The board of medicine is required to adopt
5 3 rules pursuant to Code chapter 17A to administer the provisions
5 4 of the division.
5 5 Division III of the bill makes a conforming change to Code
5 6 chapter 146A to provide a consistent definition of "medical
5 7 emergency" in both Code chapters 146A and 146B.
LSB 5124YH (11) 87
pf/rh