Bills › HF 2788 › What changed
What changed in HF 2788
The bill as introduced, compared with the version both chambers passed (91st General Assembly). 1 adopted amendment account for the changes.
11 passages reworded, 14 added and 40 removed; 55 of 120 unchanged.
Removed AddedIntroduced textText as passedAmendments
Compares wording only. The printed bills also mark changes to existing law with strikes and underlines, which aren’t shown here.
DIVISION I ABORTION —— DEFINED
Section 1. Section 146B.1, subsection 1, Code 2026, is amended to read as follows:
1. “Abortion” means the termination of a human pregnancy with the intent other than to produce a live birth or to remove a dead fetus. “Abortion” does not include a spontaneous termination any of pregnancy, commonly known as a miscarriage, if not all the products of conception are expelled. DIVISION II INFORMED CONSENT following:
a. Treatment of a spontaneous termination of pregnancy, commonly known as a miscarriage.
b. Removal of the products of conception after an incomplete or inevitable loss of a pregnancy.
c. Treatment of an ectopic pregnancy.
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2. Section 146E.1, subsection 1, Code 2026, is amended to read as follows:
1. “Abortion” means the termination of a human pregnancy with the intent other than to produce a live birth or to remove a dead fetus same as defined in section 146B.1. DIVISION II INFORMED CONSENT
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2. 3. Section 146A.1, Code 2026, is amended by adding the following new subsection:
NEW SUBSECTION. 1A. Prior to performing an abortion, a physician shall perform an in-person examination of the pregnant woman including screening for indicia of coercion or abuse. A physician shall, if necessary, refer the woman to an appropriate health care provider for treatment consistent with the examination results.
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3. 4. Section 146A.1, subsection 6, Code 2026, is amended by adding the following new paragraphs:
NEW PARAGRAPH. 0a. “Abortion” means the same as defined in section 146B.1.
2 unchanged passages
NEW PARAGRAPH. 00a. “Health care provider” means a person who is licensed, certified, or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary course of business or in the practice of a profession.
NEW PARAGRAPH. 0b. “Physician” means the same as defined in section 146B.1.
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NEW SECTION. 146A.2 Dispensing Prerequisites for dispensing abortion-inducing drugs —— licensee discipline.
1. As used in this section, unless the context otherwise requires:
12 unchanged passages
a. “Abortion-inducing drug” means the same as defined in section 146F.1.
b. “Chemical abortion” means the same as defined in section 146F.1.
c. “Dispense” means the same as defined in section 146F.1.
d. “Medical emergency” means the same as defined in section 146A.1.
e. “Pregnant” or “pregnancy” means the human female reproductive condition of having a living unborn child within the pregnant woman’s body throughout every stage of the unborn child’s life and development, from fertilization to full gestation and childbirth.
2. A physician who is performing or attempting to perform a chemical abortion shall do all of the following prior to prescribing or dispensing an abortion-inducing drug to a pregnant woman:
a. Obtain the signature of the woman on the United States food and drug administration patient agreement form required for each abortion-inducing drug authorized to be manufactured or sold in the United States.
b. Obtain written confirmation from the woman that the woman has been informed of all of the following information:
(1) The gestational age-specific risks of abortion-inducing drugs.
(2) The risks related to the specific abortion-inducing drug or drugs to be used, including hemorrhage, failure to remove all tissue of the unborn child, sepsis, sterility, and possible continuation of the pregnancy.
(3) That the United States federal food and drug administration recommends that the pregnant woman follow up with the woman’s health care provider approximately seven to fourteen calendar days after the administration of an abortion-inducing drug to confirm complete termination of pregnancy has occurred and to evaluate the degree of bleeding.
(4) That women using abortion-inducing drugs have suffered trauma from seeing the remains of the unborn child in the process of a chemical abortion.
c. Advise the pregnant woman how to access emergency surgical intervention in case of an incomplete abortion, severe bleeding, or other medical complications.
3. Subsection 2 shall not apply to a chemical abortion performed in response to a medical emergency.
4. This section shall not be construed to impose civil or criminal liability on a woman upon whom a chemical abortion has been performed.
5. A physician who fails to comply with this section is subject to licensee discipline under chapter 148.
6. The board of medicine shall adopt rules pursuant to chapter 17A to administer this section. DIVISION III DISPENSING AND REPORTING —— ABORTION-INDUCING DRUGS
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NEW SECTION. 146F.1 Definitions. As used in this chapter, unless the context otherwise requires:
1. “Abortion-inducing drug” means any of the following:
a. Mifepristone.
b. Misoprostol.
c. Any other drug, measure, or chemical approved by the United States food and drug administration when prescribed or administered with the intent to terminate the pregnancy of a woman known to be pregnant. “Abortion-inducing drug” includes off-label use of a drug known to have abortion-inducing properties, which is prescribed with the intent of causing an abortion. “Abortion-inducing drug” does not include drugs that may be known to cause an abortion but that are prescribed for other medical conditions.
2. “Abortion-inducing drug complication” means any physical or psychological condition which, in the reasonable medical judgment of a health care provider, may occur as a primary or secondary result of the patient’s use of abortion-inducing drugs including but not limited to:
a. Uterine rupture, bleeding, or hemorrhage.
b. Failure to actually terminate the pregnancy.
c. Incomplete abortion or retained tissue.
d. Missed ectopic pregnancy.
e. Infection.
f. Sepsis.
3. “Chemical abortion” means an abortion performed by the administration or use of an abortion-inducing drug.
4. “Department” means the department of health and human services.
1. “Abortion-inducing drug” means any drug, chemical, or other substance that is prescribed or administered with the intent of performing an abortion. “Abortion-inducing drug” does not include a drug, chemical, or other substance that is prescribed or administered for a purpose other than to perform an abortion, even if the drug may be known to cause an abortion.
5. “Dispense” means to distribute, administer, or send an abortion-inducing drug to the ultimate user.
2. “Chemical abortion” means an abortion performed by the administration or use of an abortion-inducing drug.
6. “Health care provider” means the same as defined in section 146A.1.
3. “Dispense” means to distribute, administer, or send an abortion-inducing drug to the ultimate user.
7. 4. “Health care setting” means a pharmacy, clinic, medical office, or hospital.
8. 5. “Hospital” means the same as defined in section 135B.1.
9. 6. “Interested party” means any of the following persons:
a. A woman upon whom a chemical abortion was performed or attempted.
b. The personal representative of a woman upon whom a chemical abortion was performed or attempted.
10. 7. “Medical emergency” means the same as defined in section 146A.1.
11. 8. “Personal representative” means an administrator or an executor, or if there is no such personal representative appointed, then a person legally authorized to perform substantially the same functions.
12. “Physician” means the same as defined in section 146B.1.
13. “Postfertilization age” means the same as defined in section 146B.1.
14. “Pregnancy” or “pregnant” means the same as defined in section 146A.2.
15. “Rural emergency hospital” means the same as defined in section 135B.1.
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NEW SECTION. 146F.2 Dispensing of abortion-inducing drugs —— restrictions.
4 unchanged passages
1. A person shall not dispense an abortion-inducing drug in this state unless all of the following criteria are met:
a. The drug is dispensed in a health care setting directly to the woman prescribed the drug.
b. The person dispensing the drug is authorized to do so pursuant to section 147.107.
2. Subsection 1 does not apply to the dispensing of an abortion-inducing drug in response to a medical emergency.
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NEW SECTION. 146F.3 Abortion-inducing drug complication —— reporting.
1.
a. Within thirty calendar days of the date of discharge or death of a woman who presented with or was treated for an abortion-inducing drug complication, a hospital, rural emergency hospital, or an attending physician shall file a report with the department. The report shall be in a form prescribed by the department and include a list of the most common abortion complications and the most recent international classification of diseases code as maintained by the world health organization for each. The report must be completed and signed by the woman’s attending physician and contain all of the following information:
(1) The age of the woman who presented with or was treated for an abortion-inducing drug complication.
(2) The state and county of residence of the woman who presented with or was treated for an abortion-inducing drug complication.
(3) The date the abortion-inducing drug was used by the woman.
(4) The probable postfertilization age of the unborn child on the date of the abortion-inducing drug complication.
(5) The identity of the physician who performed the chemical abortion, the facility where the chemical abortion was performed, and the referring physician, agency, or service, if any.
(6) The specific complication or complications that led to the treatment and the most recent international classification of diseases code for each complication as maintained by the world health organization, if applicable.
b. A report shall not contain the name of the woman or other information or identifiers that would make it possible to identify the woman who suffered the reported abortion-inducing drug complication.
2. A report filed pursuant to subsection 1 shall be confidential and not subject to disclosure under chapter 22.
3.
a. On or before December 31, 2026, and every calendar year thereafter, the department shall prepare a comprehensive statistical report based upon the aggregated data gathered from reports filed pursuant to subsection 1 for the immediately preceding calendar year. The aggregated data shall be anonymized to prevent public disclosure of either of the following:
(1) The hospital, rural emergency hospital, or attending physician that filed a report.
(2) The woman about whom a report was filed.
b. The anonymized aggregated data shall be made available to the public by the department in a downloadable format on the department’s internet site.
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17 unchanged passages
NEW SECTION. 146F.4 Private cause of action —— civil liability.
1. A person who dispenses an abortion-inducing drug in violation of section 146F.2 shall be civilly liable to any interested party for all damages caused by the abortion-inducing drug. A person who is subject to licensee discipline under chapter 148 or 155A shall be immune from civil liability under this section.
2. In addition to compensatory or punitive damages, a prevailing plaintiff who brings an action under this section is entitled to court costs and reasonable attorney fees.
3. In an action brought under this section, the name and other identifying characteristics of a woman who sought or obtained an abortion-inducing drug shall be redacted without a court order from all pleadings and documents filed in the action. The court may make further orders as necessary to protect the identity and privacy of the woman who sought or obtained an abortion-inducing drug.
4. This section shall not be construed to impose civil or criminal liability on a woman upon whom a chemical abortion is performed.
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NEW SECTION. 146F.5 Licensee discipline. A licensee who fails to comply with this chapter is subject to licensee discipline under chapter 148 or 155A. DIVISION IV ABORTION-RELATED PROVISIONS
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10. Section 144.29A, subsection 1, paragraph k, Code 2026, is amended to read as follows:
k. The method used for an induced termination, including whether mifepristone or misoprostol was used.
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11. Section 144.29A, subsection 1, Code 2026, is amended by adding the following new paragraph:
NEW PARAGRAPH.
l. If a spontaneous termination of pregnancy, whether the patient ingested mifepristone or misoprostol within fourteen calendar days prior to the date of the spontaneous termination of pregnancy.
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12. Section 144.29A, subsection 7, paragraph c, Code 2026, is amended to read as follows:
c. “Spontaneous termination of pregnancy”, commonly known as a miscarriage, means the occurrence of an unintended termination of pregnancy at any time during the period from conception to twenty weeks gestation and which is not a spontaneous termination of pregnancy at any time during the period from twenty weeks or greater which is reported to the department as a fetal death under this chapter.
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13. REPEAL. Chapter 146C, Code 2026, is repealed.