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House
File
775
-
Introduced
HOUSE
FILE
775
BY
COMMITTEE
ON
HEALTH
AND
HUMAN
SERVICES
(SUCCESSOR
TO
HSB
186)
A
BILL
FOR
An
Act
relating
to
medication
abortions
including
required
1
informed
consent
and
the
dispensing
of
abortion-inducing
2
drugs
to
patients
within
the
state.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
2662HV
(1)
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lh/ko
H.F.
775
Section
1.
NEW
SECTION
.
146F.1
Definitions.
1
As
used
in
this
section,
unless
the
context
otherwise
2
requires:
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-inducing
drug”
means
a
drug,
medicine,
mixture,
7
or
preparation,
when
prescribed
or
administered
with
the
intent
8
to
terminate
the
pregnancy
of
a
woman
known
to
be
pregnant.
9
“Abortion-inducing
drug”
includes
mifepristone
and
misoprostol.
10
3.
“Department”
means
the
department
of
health
and
human
11
services.
12
4.
“Dispense”
means
relative
to
an
abortion-inducing
drug,
13
to
deliver
the
abortion-inducing
drug
to
the
ultimate
user.
14
5.
“Health
care
setting”
means
a
clinic,
medical
office,
or
15
hospital.
16
6.
“Medical
emergency”
means
the
same
as
defined
in
section
17
146B.1.
18
7.
“Medication
abortion”
means
an
abortion
performed
by
the
19
administration
or
use
of
an
abortion-inducing
drug.
20
8.
“Organized
outpatient
health
facility”
means
the
same
as
21
defined
in
section
10A.711.
22
Sec.
2.
NEW
SECTION
.
146F.2
Facility
where
medication
23
abortions
performed
——
posting
of
signs.
24
1.
A
private
office,
freestanding
organized
outpatient
25
health
facility,
hospital,
or
other
facility
in
which
26
medication
abortions
are
performed
shall
conspicuously
post
a
27
sign
in
a
location
specified
in
this
section,
clearly
visible
28
to
patients,
which
reads
as
follows:
29
Recent
developing
research
has
indicated
that
a
medication
30
abortion
utilizing
an
abortion-inducing
drug
is
not
always
31
effective
in
ending
a
pregnancy.
It
may
be
possible
to
avoid,
32
cease,
or
even
to
reverse
the
intended
effects
of
a
medication
33
abortion
that
utilizes
an
abortion-inducing
drug.
Please
34
consult
with
a
health
care
professional
immediately.
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2.
The
sign
required
pursuant
to
subsection
1
shall
be
1
printed
with
lettering
that
is
legible
and
shall
be
at
least
2
three-quarters
of
an
inch
in
boldface
type.
3
3.
A
facility
in
which
medication
abortions
are
performed
4
that
is
a
private
office
or
a
freestanding
organized
outpatient
5
health
facility
shall
post
the
required
sign
in
each
patient
6
waiting
room
and
patient
consultation
room
used
by
patients
on
7
whom
medication
abortions
are
performed.
A
hospital
or
any
8
other
facility
in
which
medication
abortions
are
performed
that
9
is
not
a
private
office
or
freestanding
organized
outpatient
10
health
facility
shall
post
the
required
sign
in
each
patient
11
admission
area
used
by
patients
on
whom
medication
abortions
12
are
performed.
13
Sec.
3.
NEW
SECTION
.
146F.3
Medication
abortion
——
informed
14
consent.
15
1.
Except
in
the
case
of
a
medical
emergency,
in
addition
to
16
compliance
with
the
prerequisites
of
chapter
146A,
a
physician
17
shall
not
perform
or
attempt
to
perform
a
medication
abortion
18
unless
the
physician
who
will
perform
the
medication
abortion,
19
the
referring
physician,
or
an
agent
of
either
physician
20
obtains
written
certification
from
the
pregnant
woman
that
the
21
woman
has
been
informed,
by
telephone
or
in
person,
prior
to
22
the
medication
abortion
of
all
of
the
following:
23
a.
All
of
the
risks
commonly
associated
with
a
medication
24
abortion.
25
b.
That
it
may
be
possible
to
reverse
the
intended
effects
26
of
a
medication
abortion
if
the
woman
changes
her
mind
but
that
27
time
is
of
the
essence.
28
c.
That
information
on
and
assistance
with
reversing
29
the
effects
of
a
medication
abortion
is
available
on
the
30
department’s
internet
site.
31
2.
Following
the
dispensing
of
an
abortion-inducing
drug,
32
the
attending
physician
or
an
agent
of
the
attending
physician
33
shall
provide
written
medical
discharge
instructions
to
the
34
woman
which
must
include
the
following
statement:
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Recent
developing
research
has
indicated
that
a
medication
1
abortion
utilizing
an
abortion-inducing
drug
is
not
always
2
effective
in
ending
a
pregnancy.
It
may
be
possible
to
avoid,
3
cease,
or
even
to
reverse
the
intended
effects
of
a
medication
4
abortion
that
utilizes
an
abortion-inducing
drug.
Please
5
consult
with
a
health
care
professional
immediately.
6
3.
The
attending
physician
or
an
agent
of
the
attending
7
physician
shall
maintain
documentation
verifying
compliance
8
with
this
section
in
the
woman’s
medical
record.
9
Sec.
4.
NEW
SECTION
.
146F.4
Informational
materials.
10
The
department
shall
publish
and
shall
make
available
11
on
the
department’s
internet
site,
materials
designed
to
12
inform
a
woman
of
the
possibility
of
reversing
the
effects
13
of
a
medication
abortion
if
the
woman
changes
her
mind,
and
14
information
on
and
assistance
with
resources
that
may
be
15
available
to
help
reverse
the
effects
of
a
medication
abortion.
16
Sec.
5.
NEW
SECTION
.
146F.5
Dispensing
of
mifepristone.
17
A
person
shall
not
dispense
mifepristone
to
a
patient
in
this
18
state
for
use
by
such
patient
in
inducing
a
medication
abortion
19
unless
the
mifepristone
is
dispensed
directly
to
such
patient
20
in
a
health
care
setting.
21
Sec.
6.
NEW
SECTION
.
146F.6
Licensee
discipline
——
penalty.
22
Failure
of
a
physician
to
comply
with
this
chapter
is
grounds
23
for
licensee
discipline
under
chapter
148.
24
Sec.
7.
NEW
SECTION
.
146F.7
Construction.
25
This
chapter
shall
not
be
construed
to
create
or
recognize
a
26
right
to
an
abortion
or
to
impose
civil
or
criminal
liability
27
on
a
woman
upon
whom
an
abortion
is
performed.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
relates
to
medication
abortions.
32
The
bill
requires
a
private
office,
freestanding
organized
33
outpatient
health
facility,
hospital,
or
other
facility
in
34
which
medication
abortions
are
performed
to
conspicuously
post
35
-3-
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2662HV
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3/
5
H.F.
775
a
sign
in
a
location
as
described
in
the
bill
relating
to
the
1
effectiveness
and
possibility
of
avoiding,
ceasing,
or
even
2
reversing
the
effects
of
a
medication
abortion.
3
The
bill
requires
that,
except
in
the
case
of
a
medical
4
emergency,
in
addition
to
compliance
with
the
abortion
5
prerequisites
of
Code
chapter
146A,
a
physician
shall
not
6
perform
or
attempt
to
perform
a
medication
abortion
unless
7
the
physician
who
will
perform
the
medication
abortion,
the
8
referring
physician,
or
an
agent
of
either
physician
obtains
9
written
certification
from
the
pregnant
woman.
The
written
10
certification
shall
provide
that
the
woman
has
been
informed,
11
by
telephone
or
in
person,
prior
to
the
medication
abortion,
12
of
all
of
the
risks
commonly
associated
with
a
medication
13
abortion,
that
it
may
be
possible
to
reverse
the
intended
14
effects
of
a
medication
abortion
if
the
woman
changes
her
15
mind
but
that
time
is
of
the
essence,
and
that
information
16
on
and
assistance
with
reversing
the
effects
of
a
medication
17
abortion
is
available
on
the
department
of
health
and
human
18
services
(HHS)
internet
site.
Following
the
dispensing
of
an
19
abortion-inducing
drug,
the
attending
physician
or
an
agent
of
20
the
attending
physician
shall
provide
written
medical
discharge
21
instructions
to
the
woman
which
must
include
the
statement
22
specified
in
the
bill.
23
The
bill
requires
HHS
to
publish
and
to
make
available
24
on
HHS’s
internet
site,
materials
designed
to
inform
a
woman
25
of
the
possibility
of
reversing
the
effects
of
a
medication
26
abortion
if
the
woman
changes
her
mind,
and
information
on
and
27
assistance
with
the
resources
that
may
be
available
to
help
28
reverse
the
effects
of
a
medication
abortion.
29
The
bill
also
prohibits
a
person
from
dispensing
30
mifepristone
to
a
patient
in
this
state
for
use
by
such
patient
31
in
inducing
a
medication
abortion
unless
the
mifepristone
is
32
dispensed
directly
to
such
patient
in
a
health
care
setting.
33
Failure
of
a
physician
to
comply
with
the
bill
is
grounds
for
34
licensee
discipline.
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The
bill
also
provides
that
the
bill
shall
not
be
construed
1
to
create
or
recognize
a
right
to
an
abortion
or
to
impose
2
civil
or
criminal
liability
on
a
woman
upon
whom
an
abortion
3
is
performed.
4
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5