SSB 1223

This bill creates Code chapter 146E relating to a prohibition on abortions based upon the detection of a fetal heartbeat. The bill provides definitions of terms used in the Code chapter, including those for “fetal heartbeat exception”, “medical emergency”, “reasonable medical judgment”, and “unborn child”. For the purposes of Code chapter 146E, unless otherwise provided, “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 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. _____ The bill provides that, except in the case of a medical emergency or fetal heartbeat exception, a physician shall not perform an abortion unless the physician has first complied with the prerequisites of Code chapter 146A (prerequisites for abortion —— licensee discipline) and has tested the pregnant woman to determine if a fetal heartbeat is detectable. The bill prescribes the standards for testing for a fetal heartbeat, and provides that, following the test, a physician shall inform the pregnant woman, in writing, whether a fetal heartbeat was detected and that if a fetal heartbeat was detected, an abortion is prohibited. Upon receipt of the written information, the pregnant woman is required to sign a form acknowledging that the pregnant woman has received the required information. A physician shall retain documentation of the testing for a fetal heartbeat, the results of the test, and the pregnant woman’s signed form acknowledging that the pregnant woman received the required information. A physician is prohibited from performing an abortion upon a pregnant woman when it has been determined that a fetal heartbeat was detected, unless a medical emergency or fetal heartbeat exception exists. _____ physical condition caused by or arising from the pregnancy, 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) or the abortion is necessary to preserve the life of an unborn child. The bill is not to be construed to impose civil or criminal liability on a woman upon whom an abortion is performed in violation of the division. The board of medicine is directed to adopt administrative rules to administer the bill. The bill takes effect upon enactment.