Creating the living infants fairness and equality Act and providing for licensee discipline and civil and criminal penalties

This bill creates the living infants fairness and equality Act. The bill is divided into divisions. Division I of the bill creates a short title of the bill as the living infants fairness and equality Act. Division II of the bill relates to prerequisites for an abortion. The division replaces the term “unborn child” with “preborn child” throughout the Code and amends the definition of “medical emergency”. The division adds to the existing prerequisites that a physician performing an abortion shall obtain written certification from the pregnant woman prior to performing an abortion that the woman was informed of the probable gestational age of the preborn child; that the woman has been provided information that there is evidence that even prior to weeks gestation a preborn child feels pain and the administration of anesthesia to a preborn child prior to weeks gestation is routine; that the woman has been provided a declaration that abortion ends a unique human life; and that the woman has been provided information regarding coercion and abortion and resources to seek assistance. 1 based upon the materials developed by the department of public health that, in addition to existing required information, includes local, state, and federal resources available to pregnant women including social services, adoption services, medical services, maternity homes, and services for those who are victims of rape or domestic abuse. Division III of the bill prohibits the performance of an abortion after a fetal heartbeat is detected unless, in the physician’s reasonable medical judgment, a medical emergency exists. The division requires that if an abortion is performed, the physician shall terminate the pregnancy in the manner which, in the physician’s reasonable medical judgment, provides the best opportunity for a preborn child to survive. Additionally, a physician who performs or attempts to perform an abortion based on the existence of a medical emergency, shall document the medical basis for the determination including the specific medical condition the physician believes would have caused the death of the woman or the specific medical condition the physician believes would constitute a substantial and irreversible physical impairment of a major bodily function of the woman. A physician who violates the division is subject to licensee discipline which may include a civil penalty not to exceed $10,000. The division also includes additional civil and criminal penalties. Under the division, a physician who intentionally or recklessly performs or attempts to perform an abortion in violation of the division is guilty of a class “C” felony. A woman upon whom an abortion has been performed in violation of the division may maintain an action against the physician who performed the abortion in intentional or reckless violation of the division for actual damages. A woman upon whom an abortion has been attempted in violation of the division may maintain an action against the physician who attempted to perform the abortion in intentional or reckless violation of the division for actual damages. A cause of action for injunctive relief to prevent a physician from performing an abortion may be maintained against a physician who has intentionally violated the division by the woman upon whom the abortion was performed or attempted, by a parent or guardian of the woman if the woman is less than years of age or unmarried at the time the abortion was performed or attempted, by a current or former licensed health care provider of the woman, by a county attorney with appropriate jurisdiction, or by the attorney general. The division provides for payment of attorney fees to a prevailing party. Damages and attorney fees shall not be assessed against the woman upon whom an abortion was performed or attempted unless the suit was frivolous or brought in bad faith. The division also provides for anonymity of the woman in a civil or criminal proceeding or action brought under the division. The division repeals Code chapter 146B (abortion —— postfertilization age) and Code chapter 146C (abortion —— detectable fetal heartbeat). Division IV of the bill relates to the licensing and inspection of abortion facilities including those that provide medication abortions. The division prohibits a licensed physician from performing or inducing an abortion in this state unless the abortion is performed or induced in a licensed abortion facility. The division prohibits a person from establishing or operating an abortion facility in the state without an appropriate license. Each abortion facility shall have a separate license, and the license is not transferable or assignable. The division provides that a hospital licensed pursuant to Code chapter 135B and the office of a licensed physician who does not primarily perform abortions are exempt from the licensing requirements. The division provides for application for an abortion facility license, to be accompanied by a nonrefundable license fee in an amount not to exceed $2,000, established by administrative rule of the department of inspections and appeals (DIA). The application shall contain evidence that there is at least one licensed physician on the staff of the facility. DIA shall issue a license if, after inspection, DIA finds that the applicant and the abortion facility meet the requirements of the division and the administrative rules adopted to administer the division. As a condition for renewal of a license, a licensee shall submit an annual license renewal fee not to exceed $2,000, as established by administrative rule of DIA. DIA is required to inspect an abortion facility prior to initial issuance of the facility’s license and annually prior to renewal of the license, and may inspect an abortion facility at reasonable times as necessary to ensure compliance with the division. DIA shall adopt administrative rules for the issuance, renewal, denial, suspension, and revocation of a license to operate an abortion facility and to establish minimum standards to protect the health and safety of a patient of an abortion facility as specified in the division. A facility that does not comply with the licensing and inspection requirements of the division is subject to denial, suspension, or revocation of a license to operate an abortion facility. Division V of the bill relates to the definition of “person” under the criminal code. The division defines “person” for the purposes of the criminal code to be an individual living human being without regard to age of development from the moment of conception, when a zygote is formed, until natural death. Each such person is accorded the same rights and protections guaranteed to all persons by the Constitution of the United States, the Constitution of the State of Iowa, and the laws of this state. The division provides exemptions to the interpretation and application of crimes against a person based on the definition. The division provides that the elements of a crime against a person shall not be interpreted to preclude the use of medications or procedures necessary to relieve a person’s pain or discomfort if the use of the medications or procedures is not intentionally or knowingly prescribed or administered to cause the death of a person. Additionally, the division specifies acts that do not constitute a crime against a person. Under the division, a crime against a person who has not yet been born shall only be charged against the principal actor of the criminal conduct. The division defines “principal actor” for the purposes of the division. The division also provides that the provisions of the division shall not be interpreted as a basis for inuring to or vesting in a child before the time of live birth or in the biological parents of a child before the time of live birth a pecuniary interest or citizenship status.1. Division VI of the bill defines “dependent” for the purposes of Code chapter 422 (individual income, corporate, and franchise taxes) to include a preborn child. Division VII of the bill defines “child” for the purposes of Code chapter 252A (support of dependents) to include a preborn child. However, any support payable relative to any preborn child shall be paid only from the date of birth or the date paternity is established, as applicable. Division VIII of the bill establishes as a duty of the department of public health to require that population-based data and vital statistics collected and reported by the bureau of health statistics include preborn children from the time a fetal heartbeat is detected. Division IX of the bill provides a severability clause.