HF 2788

House
File
2788
-
Enrolled
House
File
2788
AN
ACT
RELATING
TO
ABORTIONS
INCLUDING
DEFINITIONS,
INFORMED
CONSENT,
DISPENSING
OF
ABORTION-INDUCING
DRUGS,
AND
OTHER
ABORTION-RELATED
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
DIVISION
I
ABORTION
——
DEFINED
Section
1.
Section
146B.1,
subsection
1,
Code
2026,
is
amended
to
read
as
follows:
1.
“Abortion”
means
the
termination
of
a
human
pregnancy
with
the
intent
other
than
to
produce
a
live
birth
or
to
remove
a
dead
fetus.
“Abortion”
does
not
include
any
of
the
following:
a.
Treatment
of
a
spontaneous
termination
of
pregnancy,
commonly
known
as
a
miscarriage.
b.
Removal
of
the
products
of
conception
after
an
incomplete
or
inevitable
loss
of
a
pregnancy.
c.
Treatment
of
an
ectopic
pregnancy.
Sec.
2.
Section
146E.1,
subsection
1,
Code
2026,
is
amended
to
read
as
follows:
1.
“Abortion”
means
the
termination
of
a
human
pregnancy
with
the
intent
other
than
to
produce
a
live
birth
or
to
remove
a
dead
fetus
same
as
defined
in
section
146B.1
.
House
File
2788,
p.
2
DIVISION
II
INFORMED
CONSENT
Sec.
3.
Section
146A.1,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
1A.
Prior
to
performing
an
abortion,
a
physician
shall
perform
an
in-person
examination
of
the
pregnant
woman
including
screening
for
indicia
of
coercion
or
abuse.
A
physician
shall,
if
necessary,
refer
the
woman
to
an
appropriate
health
care
provider
for
treatment
consistent
with
the
examination
results.
Sec.
4.
Section
146A.1,
subsection
6,
Code
2026,
is
amended
by
adding
the
following
new
paragraphs:
NEW
PARAGRAPH
.
0a.
“Abortion”
means
the
same
as
defined
in
section
146B.1.
NEW
PARAGRAPH
.
00a.
“Health
care
provider”
means
a
person
who
is
licensed,
certified,
or
otherwise
authorized
or
permitted
by
the
laws
of
this
state
to
administer
health
care
in
the
ordinary
course
of
business
or
in
the
practice
of
a
profession.
NEW
PARAGRAPH
.
0b.
“Physician”
means
the
same
as
defined
in
section
146B.1.
Sec.
5.
NEW
SECTION
.
146A.2
Prerequisites
for
dispensing
abortion-inducing
drugs
——
licensee
discipline.
1.
As
used
in
this
section,
unless
the
context
otherwise
requires:
a.
“Abortion-inducing
drug”
means
the
same
as
defined
in
section
146F.1.
b.
“Chemical
abortion”
means
the
same
as
defined
in
section
146F.1.
c.
“Dispense”
means
the
same
as
defined
in
section
146F.1.
d.
“Medical
emergency”
means
the
same
as
defined
in
section
146A.1.
e.
“Pregnant”
or
“pregnancy”
means
the
human
female
reproductive
condition
of
having
a
living
unborn
child
within
the
pregnant
woman’s
body
throughout
every
stage
of
the
unborn
child’s
life
and
development,
from
fertilization
to
full
gestation
and
childbirth.
2.
A
physician
who
is
performing
or
attempting
to
perform
a
chemical
abortion
shall
do
all
of
the
following
prior
to
House
File
2788,
p.
3
prescribing
or
dispensing
an
abortion-inducing
drug
to
a
pregnant
woman:
a.
Obtain
the
signature
of
the
woman
on
the
United
States
food
and
drug
administration
patient
agreement
form
required
for
each
abortion-inducing
drug
authorized
to
be
manufactured
or
sold
in
the
United
States.
b.
Obtain
written
confirmation
from
the
woman
that
the
woman
has
been
informed
of
all
of
the
following
information:
(1)
The
gestational
age-specific
risks
of
abortion-inducing
drugs.
(2)
The
risks
related
to
the
specific
abortion-inducing
drug
or
drugs
to
be
used,
including
hemorrhage,
failure
to
remove
all
tissue
of
the
unborn
child,
sepsis,
sterility,
and
possible
continuation
of
the
pregnancy.
(3)
That
the
United
States
federal
food
and
drug
administration
recommends
that
the
pregnant
woman
follow
up
with
the
woman’s
health
care
provider
approximately
seven
to
fourteen
calendar
days
after
the
administration
of
an
abortion-inducing
drug
to
confirm
complete
termination
of
pregnancy
has
occurred
and
to
evaluate
the
degree
of
bleeding.
(4)
That
women
using
abortion-inducing
drugs
have
suffered
trauma
from
seeing
the
remains
of
the
unborn
child
in
the
process
of
a
chemical
abortion.
c.
Advise
the
pregnant
woman
how
to
access
emergency
surgical
intervention
in
case
of
an
incomplete
abortion,
severe
bleeding,
or
other
medical
complications.
3.
Subsection
2
shall
not
apply
to
a
chemical
abortion
performed
in
response
to
a
medical
emergency.
4.
This
section
shall
not
be
construed
to
impose
civil
or
criminal
liability
on
a
woman
upon
whom
a
chemical
abortion
has
been
performed.
5.
A
physician
who
fails
to
comply
with
this
section
is
subject
to
licensee
discipline
under
chapter
148.
6.
The
board
of
medicine
shall
adopt
rules
pursuant
to
chapter
17A
to
administer
this
section.
DIVISION
III
DISPENSING
ABORTION-INDUCING
DRUGS
Sec.
6.
NEW
SECTION
.
146F.1
Definitions.
As
used
in
this
chapter,
unless
the
context
otherwise
House
File
2788,
p.
4
requires:
1.
“Abortion-inducing
drug”
means
any
drug,
chemical,
or
other
substance
that
is
prescribed
or
administered
with
the
intent
of
performing
an
abortion.
“Abortion-inducing
drug”
does
not
include
a
drug,
chemical,
or
other
substance
that
is
prescribed
or
administered
for
a
purpose
other
than
to
perform
an
abortion,
even
if
the
drug
may
be
known
to
cause
an
abortion.
2.
“Chemical
abortion”
means
an
abortion
performed
by
the
administration
or
use
of
an
abortion-inducing
drug.
3.
“Dispense”
means
to
distribute,
administer,
or
send
an
abortion-inducing
drug
to
the
ultimate
user.
4.
“Health
care
setting”
means
a
pharmacy,
clinic,
medical
office,
or
hospital.
5.
“Hospital”
means
the
same
as
defined
in
section
135B.1.
6.
“Interested
party”
means
any
of
the
following
persons:
a.
A
woman
upon
whom
a
chemical
abortion
was
performed
or
attempted.
b.
The
personal
representative
of
a
woman
upon
whom
a
chemical
abortion
was
performed
or
attempted.
7.
“Medical
emergency”
means
the
same
as
defined
in
section
146A.1.
8.
“Personal
representative”
means
an
administrator
or
an
executor,
or
if
there
is
no
such
personal
representative
appointed,
then
a
person
legally
authorized
to
perform
substantially
the
same
functions.
Sec.
7.
NEW
SECTION
.
146F.2
Dispensing
of
abortion-inducing
drugs
——
restrictions.
1.
A
person
shall
not
dispense
an
abortion-inducing
drug
in
this
state
unless
all
of
the
following
criteria
are
met:
a.
The
drug
is
dispensed
in
a
health
care
setting
directly
to
the
woman
prescribed
the
drug.
b.
The
person
dispensing
the
drug
is
authorized
to
do
so
pursuant
to
section
147.107.
2.
Subsection
1
does
not
apply
to
the
dispensing
of
an
abortion-inducing
drug
in
response
to
a
medical
emergency.
Sec.
8.
NEW
SECTION
.
146F.4
Private
cause
of
action
——
civil
liability.
1.
A
person
who
dispenses
an
abortion-inducing
drug
House
File
2788,
p.
5
in
violation
of
section
146F.2
shall
be
civilly
liable
to
any
interested
party
for
all
damages
caused
by
the
abortion-inducing
drug.
A
person
who
is
subject
to
licensee
discipline
under
chapter
148
or
155A
shall
be
immune
from
civil
liability
under
this
section.
2.
In
addition
to
compensatory
or
punitive
damages,
a
prevailing
plaintiff
who
brings
an
action
under
this
section
is
entitled
to
court
costs
and
reasonable
attorney
fees.
3.
In
an
action
brought
under
this
section,
the
name
and
other
identifying
characteristics
of
a
woman
who
sought
or
obtained
an
abortion-inducing
drug
shall
be
redacted
without
a
court
order
from
all
pleadings
and
documents
filed
in
the
action.
The
court
may
make
further
orders
as
necessary
to
protect
the
identity
and
privacy
of
the
woman
who
sought
or
obtained
an
abortion-inducing
drug.
4.
This
section
shall
not
be
construed
to
impose
civil
or
criminal
liability
on
a
woman
upon
whom
a
chemical
abortion
is
performed.
Sec.
9.
NEW
SECTION
.
146F.5
Licensee
discipline.
A
licensee
who
fails
to
comply
with
this
chapter
is
subject
to
licensee
discipline
under
chapter
148
or
155A.
DIVISION
IV
ABORTION-RELATED
PROVISIONS
Sec.
10.
Section
144.29A,
subsection
1,
paragraph
k,
Code
2026,
is
amended
to
read
as
follows:
k.
The
method
used
for
an
induced
termination,
including
whether
mifepristone
or
misoprostol
was
used.
Sec.
11.
Section
144.29A,
subsection
1,
Code
2026,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
l.
If
a
spontaneous
termination
of
pregnancy,
whether
the
patient
ingested
mifepristone
or
misoprostol
within
fourteen
calendar
days
prior
to
the
date
of
the
spontaneous
termination
of
pregnancy.
Sec.
12.
Section
144.29A,
subsection
7,
paragraph
c,
Code
2026,
is
amended
to
read
as
follows:
c.
“Spontaneous
termination
of
pregnancy”
,
commonly
known
as
a
miscarriage,
means
the
occurrence
of
an
unintended
termination
of
pregnancy
at
any
time
during
the
period
from
conception
to
twenty
weeks
gestation
and
which
is
not
a
House
File
2788,
p.
6
spontaneous
termination
of
pregnancy
at
any
time
during
the
period
from
twenty
weeks
or
greater
which
is
reported
to
the
department
as
a
fetal
death
under
this
chapter
.
Sec.
13.
REPEAL.
Chapter
146C,
Code
2026,
is
repealed.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2788,
Ninety-first
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2026
______________________________
KIM
REYNOLDS
Governor