Bill Text: IA SF377 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the postfertilization age of an unborn child relative to an abortion, and making licensee discipline and civil penalties applicable.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-02-23 - Subcommittee: Schultz, Petersen, and Sinclair. S.J. 444. [SF377 Detail]
Download: Iowa-2021-SF377-Introduced.html
Senate
File
377
-
Introduced
SENATE
FILE
377
BY
CARLIN
A
BILL
FOR
An
Act
relating
to
the
postfertilization
age
of
an
unborn
child
1
relative
to
an
abortion,
and
making
licensee
discipline
and
2
civil
penalties
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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377
Section
1.
Section
146B.2,
subsection
2,
paragraph
a,
Code
1
2021,
is
amended
to
read
as
follows:
2
a.
A
physician
shall
not
perform
or
attempt
to
perform
an
3
abortion
upon
a
pregnant
woman
when
it
has
been
determined,
by
4
the
physician
performing
the
abortion
or
by
another
physician
5
upon
whose
determination
that
physician
relies,
that
the
6
probable
postfertilization
age
of
the
unborn
child
is
twenty
7
twelve
or
more
weeks
unless,
in
the
physician’s
reasonable
8
medical
judgment,
any
of
the
following
applies:
9
(1)
The
pregnant
woman
has
a
condition
which
the
physician
10
deems
a
medical
emergency.
11
(2)
The
abortion
is
necessary
to
preserve
the
life
of
an
12
unborn
child.
13
Sec.
2.
Section
146B.2,
subsection
3,
paragraphs
c
and
d,
14
Code
2021,
are
amended
to
read
as
follows:
15
c.
If
the
probable
postfertilization
age
of
the
unborn
child
16
was
determined
to
be
twenty
twelve
or
more
weeks,
the
basis
of
17
the
determination
of
a
medical
emergency,
or
the
basis
of
the
18
determination
that
the
abortion
was
necessary
to
preserve
the
19
life
of
an
unborn
child.
20
d.
The
method
used
for
the
abortion
and,
in
the
case
of
21
an
abortion
performed
when
the
probable
postfertilization
age
22
was
determined
to
be
twenty
twelve
or
more
weeks,
whether
23
the
method
of
abortion
used
was
one
that,
in
the
physician’s
24
reasonable
medical
judgment,
provided
the
best
opportunity
for
25
an
unborn
child
to
survive
or,
if
such
a
method
was
not
used,
26
the
basis
of
the
determination
that
termination
of
the
human
27
pregnancy
in
that
manner
would
pose
a
greater
risk
than
would
28
any
other
available
method
of
the
death
of
the
pregnant
woman
29
or
of
the
substantial
and
irreversible
physical
impairment
of
a
30
major
bodily
function.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
amends
Code
chapter
146B
(abortion–
35
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377
postfertilization
age)
to
provide
that
a
physician
shall
not
1
perform
or
attempt
to
perform
an
abortion
upon
a
pregnant
woman
2
when
it
has
been
determined,
by
the
physician
performing
the
3
abortion
or
by
another
physician
upon
whose
determination
that
4
physician
relies,
that
the
probable
postfertilization
age
of
5
the
unborn
child
is
12
or
more
weeks
rather
than
20
or
more
6
weeks
as
provided
in
current
law,
unless,
in
the
physician’s
7
reasonable
medical
judgment,
the
pregnant
woman
has
a
condition
8
which
the
physician
deems
a
medical
emergency,
or
the
abortion
9
is
necessary
to
preserve
the
life
of
an
unborn
child.
10
The
provisions
under
current
law
relating
to
civil
actions
11
and
licensee
discipline
for
violation
of
the
Code
chapter
12
continue
to
apply
to
a
physician
who
violates
the
bill.
13
These
include
that
failure
of
a
physician
to
comply
with
14
any
provision
of
the
chapter
with
the
exception
of
the
late
15
filing
of
a
report
or
failure
to
submit
a
complete
report
16
in
compliance
with
a
court
order,
is
grounds
for
licensee
17
discipline
under
Code
chapter
148;
that
a
woman
upon
whom
18
an
abortion
has
been
performed
or
has
been
attempted
in
19
violation
of
the
Code
chapter
may
maintain
an
action
against
20
the
physician
who
performed
or
attempted
the
abortion
in
21
intentional
or
reckless
violation
of
the
Code
chapter
for
22
actual
damages;
and
that
a
woman
and
specified
others
may
23
maintain
a
cause
of
action
for
injunctive
relief
to
prevent
24
a
physician
from
performing
an
abortion
if
the
physician
25
intentionally
violated
the
Code
chapter.
26
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