House File 2298 - Introduced




                                 HOUSE FILE       
                                 BY  PEARSON

                                      A BILL FOR

  1 An Act relating to the prohibition of terminations of pregnancy
  2    and abortions, providing penalties, and including effective
  3    date provisions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5830HH (2) 84
    pf/nh

PAG LIN



  1  1    Section 1.  Section 135.1, unnumbered paragraph 1, Code
  1  2 2011, is amended to read as follows:
  1  3    For the purposes of chapter 155 and Title IV, subtitle 2,
  1  4 excluding chapter 146, unless otherwise defined:
  1  5    Sec. 2.  Section 135.11, subsections 10 and 12, Code
  1  6 Supplement 2011, are amended to read as follows:
  1  7    10.  Enforce the law relative to chapter 146 and
  1  8  "Health=related Professions", Title IV, subtitle 3, excluding
  1  9 chapter 155.
  1 10    12.  Establish, publish, and enforce rules not inconsistent
  1 11 with law for the enforcement of the provisions of chapters 125
  1 12 and 155, and Title IV, subtitle 2, excluding chapter 146 and
  1 13 for the enforcement of the various laws, the administration and
  1 14 supervision of which are imposed upon the department.
  1 15    Sec. 3.  Section 144.29A, subsections 1 and 2, Code 2011, are
  1 16 amended to read as follows:
  1 17    1.  A health care provider who initially identifies and
  1 18 diagnoses a spontaneous termination of pregnancy or who induces
  1 19 a termination of pregnancy shall file with the department
  1 20 a report for each termination within thirty days of the
  1 21 occurrence. The health care provider shall make a good faith
  1 22 effort to obtain all of the following information that is
  1 23 available with respect to each termination:
  1 24    a.  The confidential health care provider code as assigned
  1 25 by the department.
  1 26    b.  The report tracking number.
  1 27    c.  The maternal health services region of the Iowa
  1 28 department of public health, as designated as of July 1, 1997,
  1 29 in which the patient resides.
  1 30    d.  The race of the patient.
  1 31    e.  The age of the patient.
  1 32    f.  The marital status of the patient.
  1 33    g.  The educational level of the patient.
  1 34    h.  The number of previous pregnancies, live births, and
  1 35 spontaneous or induced terminations of pregnancies.
  2  1    i.  The month and year in which the termination occurred.
  2  2    j.  The number of weeks since the patient's last menstrual
  2  3 period and a clinical estimate of gestation.
  2  4    k.  The method used for an induced termination, including
  2  5 whether mifepristone was used.
  2  6    2.  It is the intent of the general assembly that the
  2  7 information shall be collected, reproduced, released, and
  2  8 disclosed in a manner specified by rule of the department,
  2  9 adopted pursuant to chapter 17A, which ensures the anonymity
  2 10 of the patient who experiences a termination of pregnancy,
  2 11 the health care provider who identifies and diagnoses or
  2 12 induces a termination of pregnancy, and the hospital, clinic,
  2 13 or other health facility in which a termination of pregnancy
  2 14 is identified and diagnosed or induced. The department may
  2 15 share information with federal public health officials for
  2 16 the purposes of securing federal funding or conducting public
  2 17 health research. However, in sharing the information, the
  2 18 department shall not relinquish control of the information,
  2 19 and any agreement entered into by the department with federal
  2 20 public health officials to share information shall prohibit the
  2 21 use, reproduction, release, or disclosure of the information
  2 22 by federal public health officials in a manner which violates
  2 23 this section. The department shall publish, annually, a
  2 24 demographic summary of the information obtained pursuant to
  2 25 this section, except that the department shall not reproduce,
  2 26 release, or disclose any information obtained pursuant to this
  2 27 section which reveals the identity of any patient, health care
  2 28 provider, hospital, clinic, or other health facility, and shall
  2 29 ensure anonymity in the following ways:
  2 30    a.  The department may use information concerning the report
  2 31 tracking number or concerning the identity of a reporting
  2 32 health care provider, hospital, clinic, or other health
  2 33 facility only for purposes of information collection. The
  2 34 department shall not reproduce, release, or disclose this
  2 35 information for any purpose other than for use in annually
  3  1 publishing the demographic summary under this section.
  3  2    b.  The department shall enter the information, from
  3  3 any report of termination submitted, within thirty days of
  3  4 receipt of the report, and shall immediately destroy the
  3  5 report following entry of the information. However, entry of
  3  6 the information from a report shall not include any health
  3  7 care provider, hospital, clinic, or other health facility
  3  8 identification information including, but not limited to, the
  3  9 confidential health care provider code, as assigned by the
  3 10 department.
  3 11    c.  To protect confidentiality, the department shall limit
  3 12 release of information to release in an aggregate form which
  3 13 prevents identification of any individual patient, health care
  3 14 provider, hospital, clinic, or other health facility. For the
  3 15 purposes of this paragraph, "aggregate form" means a compilation
  3 16 of the information received by the department on termination
  3 17 of pregnancies for each information item listed, with the
  3 18 exceptions of the report tracking number, the health care
  3 19 provider code, and any set of information for which the amount
  3 20 is so small that the confidentiality of any person to whom the
  3 21 information relates may be compromised. The department shall
  3 22 establish a methodology to provide a statistically verifiable
  3 23 basis for any determination of the correct amount at which
  3 24 information may be released so that the confidentiality of any
  3 25 person is not compromised.
  3 26    Sec. 4.  Section 144.29A, subsection 8, Code 2011, is amended
  3 27 by striking the subsection.
  3 28    Sec. 5.  Section 216.6, subsection 2, paragraph c, Code 2011,
  3 29 is amended by striking the paragraph.
  3 30    Sec. 6.  Section 216.13, Code 2011, is amended to read as
  3 31 follows:
  3 32    216.13  Exceptions for retirement plans, abortion coverage,
  3 33  life, disability, and health benefits.
  3 34    The provisions of this chapter relating to discrimination
  3 35 because of age do not apply to a retirement plan or benefit
  4  1 system of an employer unless the plan or system is a mere
  4  2 subterfuge adopted for the purpose of evading this chapter.
  4  3    1.  However, a retirement plan or benefit system shall not
  4  4 require the involuntary retirement of a person under the age of
  4  5 seventy because of that person's age. This paragraph does not
  4  6 prohibit the following:
  4  7    a.  The involuntary retirement of a person who has attained
  4  8 the age of sixty=five and has for the two prior years been
  4  9 employed in a bona fide executive or high policymaking position
  4 10 and who is entitled to an immediate, nonforfeitable annual
  4 11 retirement benefit from a pension, profit=sharing, savings,
  4 12 or deferred compensation plan of the employer which equals
  4 13 twenty=seven thousand dollars. This retirement benefit test
  4 14 may be adjusted according to the regulations prescribed by
  4 15 the United States secretary of labor pursuant to Pub. L. No.
  4 16 95=256, section 3.
  4 17    b.  The involuntary retirement of a person covered by a
  4 18 collective bargaining agreement which was entered into by a
  4 19 labor organization and was in effect on September 1, 1977.
  4 20 This exemption does not apply after the termination of that
  4 21 agreement or January 1, 1980, whichever first occurs.
  4 22    2.  A health insurance program provided by an employer may
  4 23 exclude coverage of abortion, except where the life of the
  4 24 mother would be endangered if the fetus were carried to term or
  4 25 where medical complications have arisen from an abortion.
  4 26    3.  2.  An employee welfare plan may provide life, disability
  4 27 or health insurance benefits which vary by age based on
  4 28 actuarial differences if the employer contributes equally for
  4 29 all the participating employees or may provide for employer
  4 30 contributions differing by age if the benefits for all the
  4 31 participating employees do not vary by age.
  4 32    Sec. 7.  Section 602.8102, subsection 31, Code 2011, is
  4 33 amended by striking the subsection.
  4 34    Sec. 8.  Section 707.7, Code 2011, is amended to read as
  4 35 follows:
  5  1    707.7  Feticide.
  5  2    1.  Any person who intentionally terminates a human
  5  3 pregnancy, with the knowledge and voluntary consent of the
  5  4 pregnant person, after the end of the second trimester of the
  5  5 pregnancy where death of the fetus results, commits feticide.
  5  6 Feticide is a class "C" "A" felony.
  5  7    2.  Any person who attempts to intentionally terminate a
  5  8 human pregnancy, with the knowledge and voluntary consent of
  5  9 the pregnant person, after the end of the second trimester of
  5 10 the pregnancy where death of the fetus does not result, commits
  5 11 attempted feticide. Attempted feticide is a class "D" "B"
  5 12  felony.
  5 13    3.  Any person who terminates a human pregnancy, with the
  5 14 knowledge and voluntary consent of the pregnant person, who
  5 15 is not a person licensed to practice medicine and surgery
  5 16 or osteopathic medicine and surgery under the provisions of
  5 17 chapter 148, commits a class "C" felony.  For the purposes of
  5 18 this section, "termination of a human pregnancy" means the use
  5 19 of any means to terminate the pregnancy of a woman known to be
  5 20 pregnant with the intent other than to produce a live birth
  5 21 or to remove a dead fetus. "Termination of a human pregnancy"
  5 22 does not include a fetal death as defined in section 144.1 or
  5 23 the spontaneous termination of pregnancy as defined in section
  5 24 144.29A.
  5 25    4.  This section shall not apply to the termination of a
  5 26 human pregnancy performed by a physician licensed in this state
  5 27 to practice medicine or surgery or osteopathic medicine or
  5 28 surgery when in the best clinical judgment of the physician
  5 29 the termination is performed to preserve the life or health
  5 30 of the pregnant person or of the fetus and every reasonable
  5 31 medical effort not inconsistent with preserving the life of the
  5 32 pregnant person is made to preserve the life of a viable fetus.
  5 33  Section 703.1 relating to aiding and abetting and section 703.2
  5 34 relating to joint criminal conduct shall apply to persons
  5 35 knowingly participating or concerned in the commission of
  6  1 feticide or attempted feticide under this section.
  6  2    Sec. 9.  Section 707.8, Code 2011, is amended to read as
  6  3 follows:
  6  4    707.8  Nonconsensual termination ==== serious injury to a human
  6  5 pregnancy.
  6  6    1.  A person who terminates a human pregnancy without the
  6  7 consent of the pregnant person during the commission of a
  6  8 forcible felony is guilty of a class "B" "A" felony.
  6  9    2.  A person who terminates a human pregnancy without
  6 10 the consent of the pregnant person during the commission of
  6 11 a felony or felonious assault is guilty of a class "C" "B"
  6 12  felony.
  6 13    3.  A person who intentionally terminates a human pregnancy
  6 14 without the knowledge and voluntary consent of the pregnant
  6 15 person is guilty of a class "C" "A" felony.
  6 16    4.  A person who unintentionally terminates a human
  6 17 pregnancy by any of the means provided pursuant to section
  6 18 707.6A, subsection 1, is guilty of a class "C" "B" felony.
  6 19    5.  A person who by force or intimidation procures the
  6 20 consent of the pregnant person to a termination of a human
  6 21 pregnancy is guilty of a class "C" "B" felony.
  6 22    6.  A person who unintentionally terminates a human
  6 23 pregnancy while drag racing in violation of section 321.278 is
  6 24 guilty of a class "D" "C" felony.
  6 25    7.  A person who unintentionally terminates a human
  6 26 pregnancy without the knowledge and voluntary consent of the
  6 27 pregnant person by the commission of an act in a manner likely
  6 28 to cause the termination of or serious injury to a human
  6 29 pregnancy is guilty of an aggravated misdemeanor a class "D"
  6 30 felony.
  6 31    8.  A person commits an aggravated misdemeanor a class "D"
  6 32 felony when the person intentionally causes serious injury
  6 33 to a human pregnancy by the commission of an act in a manner
  6 34 likely to cause the termination of or serious injury to a human
  6 35 pregnancy.
  7  1    9.  A person commits an aggravated misdemeanor a class "D"
  7  2 felony when the person unintentionally causes serious injury
  7  3 to a human pregnancy by any of the means described in section
  7  4 707.6A, subsection 1.
  7  5    10.  A person commits a serious an aggravated misdemeanor
  7  6 when the person unintentionally causes serious injury to a
  7  7 human pregnancy by the commission of an act in a manner likely
  7  8 to cause the termination of or serious injury to the human
  7  9 pregnancy.
  7 10    11.  For the purposes of this section "serious injury to
  7 11 a human pregnancy" means, relative to the human pregnancy,
  7 12 disabling mental illness, or bodily injury which creates a
  7 13 substantial risk of death or which causes serious permanent
  7 14 disfigurement, or protracted loss or impairment of the function
  7 15 of any bodily member or organ, and includes but is not limited
  7 16 to skull fractures, rib fractures, and metaphyseal fractures
  7 17 of the long bones.
  7 18    12.  As used in this section, actions which cause the
  7 19 termination of or serious injury to a pregnancy do not apply
  7 20 to any of the following:
  7 21    a.  An unintentional act or omission of the pregnant person.
  7 22    b.  A termination of or a serious injury to a pregnancy
  7 23 which is caused by the performance of an approved medical
  7 24 procedure performed by a person licensed in this state to
  7 25 practice medicine and surgery or osteopathic medicine and
  7 26 surgery, irrespective of the duration of the pregnancy and
  7 27 with or without the voluntary consent of the pregnant person
  7 28 when circumstances preclude the pregnant person from providing
  7 29 consent.
  7 30    c.  An act committed in self=defense or in defense of another
  7 31 person or any other act committed if legally justified or
  7 32 excused.
  7 33    Sec. 10.  REPEALS.
  7 34    1.  Sections 232.5, 707.8A, 707.9, and 707.10, Code 2011,
  7 35 are repealed.
  8  1    2.  Chapters 135L and 146, Code 2011, are repealed.
  8  2    Sec. 11.  SEVERABILITY.  If any provision of this Act or
  8  3 the application of this Act to any person or circumstances is
  8  4 held invalid, the invalidity shall not affect other provisions
  8  5 or applications of the Act which can be given effect without
  8  6 the invalid provisions or application and, to this end, the
  8  7 provisions of this Act are severable.
  8  8    Sec. 12.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed
  8  9 of immediate importance, takes effect upon enactment.
  8 10                           EXPLANATION
  8 11    This bill relates to prohibiting abortions.
  8 12    The bill makes conforming changes throughout the Code to
  8 13 eliminate any reference to allowing abortions or terminations
  8 14 of pregnancy.  The bill amends the termination of pregnancy
  8 15 reporting section (Code section 144.29A) to only include the
  8 16 reporting of spontaneous terminations of pregnancy.
  8 17    The bill amends a Code section relating to unfair employment
  8 18 practices (Code section 216.6) to eliminate references to
  8 19 disabilities caused or contributed to by legal abortion.
  8 20    The bill amends a Code section relating to discrimination
  8 21 relating to health insurance abortion coverage (Code section
  8 22 216.13) to eliminate the reference to abortion coverage.
  8 23    The bill amends Code section 707.7 (feticide) to provide
  8 24 for application of the elements of the crime of feticide
  8 25 at any point in the pregnancy rather than only after the
  8 26 end of the second trimester.  The bill also increases the
  8 27 penalty from a class "C" felony to a class "A" felony for the
  8 28 intentional termination of a human pregnancy with the knowledge
  8 29 and voluntary consent of the pregnant person when the death
  8 30 of the fetus results.  (A class "C" felony is punishable by
  8 31 confinement for no more than 10 years and a fine of at least
  8 32 $1,000 but not more than $10,000; and a class "A" felony is
  8 33 punishable by confinement for life without possibility of
  8 34 parole). The bill also increases the penalty from a class "D"
  8 35 felony to a class "B" felony for the intentional termination of
  9  1 a human pregnancy with the knowledge and voluntary consent of
  9  2 the pregnant person when death of the fetus does not result.
  9  3 (A class "D" felony is punishable by confinement for no more
  9  4 than five years and a fine of at least $750 but not more than
  9  5 $7,500; and a class "B" felony is punishable by confinement
  9  6 for no more than 25 years.) The bill also provides that the
  9  7 offenses of aiding and abetting and joint criminal conduct
  9  8 apply to commission of a feticide.
  9  9    The bill amends Code section 707.8 (nonconsensual
  9 10 termination ==== serious injury to a human pregnancy) to increase
  9 11 the penalties for each offense.  The amendment to the Code
  9 12 section also exempts an act or omission by the pregnant person
  9 13 only if the act or omission was unintentional.
  9 14    The bill strikes and repeals Code provisions that relate
  9 15 to allowing abortions under certain circumstances.  The bill
  9 16 repeals Code section 232.5 (abortion performed on a minor
  9 17 ==== waiver of notification proceedings), Code section 707.8A
  9 18 (partial birth abortion), Code section 707.9 (murder of a fetus
  9 19 aborted alive), Code section 707.10 (duty to preserve the life
  9 20 of the fetus), Code chapter 135L (notification requirements
  9 21 regarding pregnant minors), and Code chapter 146 (abortions ====
  9 22 refusal to perform). The bill also makes conforming changes
  9 23 to strike references to Code provisions stricken or repealed
  9 24 in the bill.
  9 25    The bill provides for severability of any provision
  9 26 or application of the bill that is held invalid from the
  9 27 provisions or applications of the bill which can be given
  9 28 effect without the invalid provisions or application.  The bill
  9 29 takes effect upon enactment.
       LSB 5830HH (2) 84
       pf/nh