Bill Text: IA HSB678 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the licensing of abortion facilities, including fees, and providing penalties.
Spectrum: Committee Bill
Status: (N/A - Dead) 2020-02-19 - Committee report, recommending passage. H.J. 311. [HSB678 Detail]
Download: Iowa-2019-HSB678-Introduced.html
House
Study
Bill
678
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
HUMAN
RESOURCES
BILL
BY
CHAIRPERSON
LUNDGREN)
A
BILL
FOR
An
Act
relating
to
the
licensing
of
abortion
facilities,
1
including
fees,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
6332YC
(2)
88
pf/rh
H.F.
_____
Section
1.
NEW
SECTION
.
146F.1
Definitions.
1
As
used
in
this
chapter,
unless
the
context
otherwise
2
provides:
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.
“Abortion
facility”
means
a
place
where
abortions,
7
including
medication
abortions,
are
performed.
8
3.
“Abortion-inducing
drug”
means
a
drug,
medicine,
mixture,
9
or
preparation,
when
prescribed
or
administered
with
the
intent
10
to
terminate
the
pregnancy
of
a
woman
known
to
be
pregnant.
11
“Abortion-inducing
drug”
includes
mifepristone
and
misoprostol.
12
4.
“Department”
means
the
department
of
inspections
and
13
appeals.
14
5.
“Medication
abortion”
means
an
abortion
induced
by
an
15
abortion-inducing
drug.
16
Sec.
2.
NEW
SECTION
.
146F.2
Abortion
facility
license.
17
A
person
shall
not
establish
or
operate
an
abortion
facility
18
in
this
state
without
an
appropriate
license
issued
pursuant
19
to
this
chapter.
Each
abortion
facility
shall
have
a
separate
20
license.
An
abortion
facility
license
is
not
transferable
or
21
assignable.
22
Sec.
3.
NEW
SECTION
.
146F.3
Exceptions
to
abortion
facility
23
license
requirement.
24
The
following
facilities
are
exempt
from
the
licensing
25
requirement
pursuant
to
this
chapter:
26
1.
A
hospital
licensed
pursuant
to
chapter
135B.
27
2.
The
office
of
a
physician
who
is
licensed
pursuant
to
28
chapter
148,
unless
the
physician
primarily
performs
abortions.
29
Sec.
4.
NEW
SECTION
.
146F.4
Application
for
abortion
30
facility
license
——
contents
——
fee
——
inspection
——
renewal
——
31
penalties.
32
1.
An
applicant
for
an
abortion
facility
license
shall
33
submit
an
application
to
the
department
on
a
form
prescribed
34
by
the
department.
The
application
shall
be
accompanied
by
35
-1-
LSB
6332YC
(2)
88
pf/rh
1/
4
H.F.
_____
a
nonrefundable
license
fee
in
an
amount,
not
to
exceed
two
1
thousand
dollars,
established
by
rule
of
the
department
adopted
2
pursuant
to
chapter
17A.
3
2.
The
application
shall
contain
evidence
that
there
is
4
at
least
one
physician
on
the
staff
of
the
facility
licensed
5
pursuant
to
chapter
148.
The
department
shall
issue
a
license
6
if,
after
inspection,
the
department
finds
that
the
applicant
7
and
the
abortion
facility
meet
the
requirements
of
this
chapter
8
and
the
rules
adopted
pursuant
to
chapter
17A
to
administer
9
this
chapter.
10
3.
As
a
condition
for
renewal
of
a
license,
a
licensee
11
shall
submit
to
the
department
an
annual
license
renewal
fee,
12
not
to
exceed
two
thousand
dollars,
established
by
rule
of
the
13
department
adopted
pursuant
to
chapter
17A.
14
4.
A
facility
that
does
not
comply
with
this
chapter
is
15
subject
to
denial,
suspension,
or
revocation
of
a
license
to
16
operate
an
abortion
facility.
17
Sec.
5.
NEW
SECTION
.
146F.5
Compliance
inspections.
18
The
department
shall
inspect
an
abortion
facility
prior
to
19
initial
issuance
of
the
facility’s
license
and
annually
prior
20
to
renewal
of
the
license,
and
may
inspect
an
abortion
facility
21
at
reasonable
times
as
necessary
to
ensure
compliance
with
this
22
chapter.
23
Sec.
6.
NEW
SECTION
.
146F.6
Adoption
of
rules
——
minimum
24
standards
for
abortion
facilities.
25
1.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
26
for
the
issuance,
renewal,
denial,
suspension,
and
revocation
27
of
a
license
to
operate
an
abortion
facility.
28
2.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
29
to
establish
minimum
standards
to
protect
the
health
and
safety
30
of
a
patient
of
an
abortion
facility.
The
minimum
standards
31
shall
be
evidence-based
and
shall
address
all
of
the
following:
32
a.
Facility
safety
and
sanitation.
33
b.
The
qualifications
and
supervision
of
professional
and
34
other
personnel.
35
-2-
LSB
6332YC
(2)
88
pf/rh
2/
4
H.F.
_____
c.
Emergency
equipment
and
procedures
to
provide
emergency
1
care.
2
d.
Medical
records
and
reports.
3
e.
Procedure
and
recovery
rooms.
4
f.
Infection
control.
5
g.
Medication
control.
6
h.
Quality
assurance.
7
i.
Facility
and
laboratory
equipment
requirements,
8
sanitation,
testing,
and
maintenance.
9
j.
Information
on
and
access
to
patient
follow-up
care.
10
k.
Patient
screening,
assessment,
and
monitoring.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
This
bill
relates
to
the
licensing
and
inspection
of
15
abortion
facilities
including
those
that
provide
medication
16
abortions.
17
The
bill
prohibits
a
person
from
establishing
or
operating
18
an
abortion
facility
in
the
state
without
an
appropriate
19
license.
Each
abortion
facility
shall
have
a
separate
license,
20
and
the
license
is
not
transferable
or
assignable.
21
The
bill
provides
that
a
hospital
licensed
pursuant
to
Code
22
chapter
135B,
and
the
office
of
a
licensed
physician
who
does
23
not
primarily
perform
abortions,
are
exempt
from
the
licensing
24
requirements.
25
The
bill
provides
for
application
for
a
license,
accompanied
26
by
a
nonrefundable
license
fee
in
an
amount,
not
to
exceed
27
$2,000,
established
by
administrative
rule
of
the
department
28
of
inspections
and
appeals
(DIA).
The
application
shall
29
contain
evidence
that
there
is
at
least
one
licensed
physician
30
on
the
staff
of
the
facility.
DIA
shall
issue
a
license
31
if,
after
inspection,
DIA
finds
that
the
applicant
and
the
32
abortion
facility
meet
the
requirements
of
the
bill
and
the
33
administrative
rules
adopted
to
administer
the
bill.
As
a
34
condition
for
renewal
of
a
license,
a
licensee
shall
submit
35
-3-
LSB
6332YC
(2)
88
pf/rh
3/
4
H.F.
_____
an
annual
license
renewal
fee,
not
to
exceed
$2,000,
as
1
established
by
administrative
rule
of
DIA.
2
DIA
is
required
to
inspect
an
abortion
facility
prior
to
3
initial
issuance
of
the
facility’s
license
and
annually
prior
4
to
renewal
of
the
license,
and
may
inspect
an
abortion
facility
5
at
reasonable
times
as
necessary
to
ensure
compliance
with
the
6
bill.
7
DIA
shall
adopt
administrative
rules
for
the
issuance,
8
renewal,
denial,
suspension,
and
revocation
of
a
license
9
to
operate
an
abortion
facility;
and
to
establish
minimum
10
standards
to
protect
the
health
and
safety
of
a
patient
11
of
an
abortion
facility.
The
minimum
standards
shall
12
be
evidence-based
and
shall
address
facility
safety
and
13
sanitation;
the
qualifications
and
supervision
of
professional
14
and
other
personnel;
emergency
equipment
and
procedures
15
to
provide
emergency
care;
medical
records
and
reports;
16
procedure
and
recovery
rooms;
infection
control;
medication
17
control;
quality
assurance;
facility
and
laboratory
equipment
18
requirements,
sanitation,
testing,
and
maintenance;
information
19
on
and
access
to
patient
follow-up
care;
and
patient
screening,
20
assessment,
and
monitoring.
21
A
facility
that
does
not
comply
with
the
licensing
and
22
inspection
requirements
of
the
bill
is
subject
to
denial,
23
suspension,
or
revocation
of
a
license
to
operate
an
abortion
24
facility.
25
-4-
LSB
6332YC
(2)
88
pf/rh
4/
4
