Struck = removed from the bill ·
added = the amendment's new text.
Senate File 359 -H-8269 EnrolledAmend Senate File 359359, ANas ACTpassed PROHIBITINGby ANDthe REQUIRINGSenate, CERTAINas ACTIONSfollows: RELATING TO A FETUS AND PROVIDING PENALTIES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I FETAL BODY PARTS Section 1.
NEW SECTION.
146D.1 Fetal body parts —— actions prohibited —— penalties.
APage person1, shallbefore notline knowingly1 acquire,by provide,inserting: receive, otherwise transfer, or use a fetal body part in this state, regardless of whether the acquisition, provision, receipt, transfer, or use is for valuable consideration.
<DIVISION I FETAL BODY PARTS> 2.
SubsectionPage 11, shallline not1, applyby tostriking any<146B.1> ofand theinserting following:<146D.1> 3.
a.Page 1, lines 31 and 32, by striking <January 1, 2017> and inserting <July 1, 2018> 4.
DiagnosticPage or2, remedialafter tests,line procedures,4 orby observationsinserting: which have the sole purpose of determining the life or health of the fetus in order to provide that information to the pregnant woman or to preserve the life or health of the fetus or pregnant woman.
b.<DIVISION ___ ABORTION PROHIBITIONS —— FETAL HEARTBEAT Sec.
The___. actions of a person taken in furtherance of the final disposition of a fetal body part.
c.
The pathological study of body tissue, including genetic testing, for diagnostic or forensic purposes.
d.
A fetal body part if the fetal body part results from a spontaneous termination of pregnancy or stillbirth and is willingly donated for the purpose of medical research.
Senate File 359, p.
2 3.
A person who violates this section is guilty of a class “C” felony.
4.
For the purposes of this section:
a.
“Abortion” means as defined in section 146.1.
b.
“Fetal body part” means a cell, tissue, organ, or other part of a fetus that is terminated by an abortion.
“Fetal body part” does not include any of the following:
(1) Cultured cells or cell lines derived from a spontaneous termination of pregnancy or stillbirth and willingly donated for the purposes of medical research.
(2) A cell, tissue, organ, or other part of a fetus that is terminated by an abortion that occurred prior to July 1, 2018.
(3) All cells and tissues external to the fetal body proper.
c.
“Final disposition” means the disposition of fetal body parts by burial, interment, entombment, cremation, or incineration.
d.
“Valuable consideration” means any payment including but not limited to payment associated with the transportation, processing, preservation, quality control, or storage of fetal body parts.
DIVISION II ABORTION PREREQUISITES AND PROHIBITIONS —— FETAL HEARTBEAT Sec.
2.
“Medical emergency” means a situation in which an abortion is performed to preserve the life of the pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy, but Senatenot Fileincluding 359,psychological p.conditions, emotional conditions, familial conditions, or the woman’s age.
3 not including psychological conditions, emotional conditions, familial conditions, or the woman’s age;
or when continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman.
3.___.
SF359.4686 (2) 87 -1- pf/rh 1/3 1.
“Medically necessary” means any of the following:
a.
The pregnancy is the result of a rape which is reported within forty-five days of the incident to a law enforcement agency or to a public or private health agency which may include a family physician.
b.
The pregnancy is the result of incest which is reported within one hundred forty days of the incident to a law enforcement agency or to a public or private health agency which may include a family physician.
c.
Any spontaneous abortion, commonly known as a miscarriage, if not all of the products of conception are expelled.
d.
The attending physician certifies that the fetus has a fetal abnormality that in the physician’s reasonable medical judgment is incompatible with life.
5.
6.5.
7.6.
“Unborn child” means the same as defined in section Senate146A.1. File 359, p.
4 146A.1.
4.___.
Except in the case of a medical emergencyemergency, or when the abortion is medically necessary, a physician shall not perform an abortion unless the physician has first complied with the prerequisites of chapter 146A and has tested the pregnant woman as specified in this subsection, to determine if a fetal heartbeat is detectable.
Upon receipt of the written information, the pregnant SF359.4686 (2) 87 -2- pf/rh 2/3 woman shall sign a form acknowledging that the pregnant woman has received the information as required under this subsection.
a.A physician shall not perform an abortion upon a pregnant woman when it has been determined that the unborn child has a detectable fetal heartbeat, unless, in the physician’s reasonable medical judgment, a medical emergency exists.
A3. physician shall not perform an abortion upon a pregnant woman when it has been determined that the unborn child has a detectable fetal heartbeat, unless, in the physician’s reasonable medical judgment, a medical emergency exists, or when the abortion is medically necessary.
b.
Notwithstanding paragraph “a”, if a physician determines that the probable postfertilization age, as defined in section 146B.1, of the unborn child is twenty or more weeks, the physician shall not perform an abortion upon a pregnant woman when it has been determined that the unborn child has a detectable fetal heartbeat, unless in the physician’s reasonable medical judgment the pregnant woman has a condition which the physician deems a medical emergency, as defined in section 146B.1, or the abortion is necessary to preserve the life of an unborn child.
Senate File 359, p.
5 3.
The board of medicine shall adopt rules pursuant to chapter 17A to administer this section.section.> 5.
______________________________Title ______________________________page, CHARLESline SCHNEIDER1, LINDAby UPMEYERstriking President<certain ofactions theregarding Senatefetal Speakerbody ofparts> the House I hereby certify that this bill originated in the Senate and isinserting known<and asrequiring Senatecertain Fileactions 359,relating Eighty-seventhto Generala Assembly.fetus> 6.
______________________________By W.renumbering as necessary.
CHARLES______________________________ SMITHSONCOMMITTEE SecretaryON ofHUMAN theRESOURCES SenateFRY Approvedof _______________,Clarke, 2018Chairperson ______________________________SF359.4686 KIM(2) REYNOLDS87 Governor-3- pf/rh 3/3