1. A physician performing an abortion shall obtain written certification from the pregnant
woman of all of the following at least twenty-four hours prior to performing an abortion:
a. Thatthewomanhasundergoneanultrasoundimagingoftheunbornchildthatdisplays
the approximate age of the unborn child.
b. That the woman was given the opportunity to see the unborn child by viewing the
ultrasound image of the unborn child.
c. Thatthewomanwasgiventheoptionofhearingadescriptionoftheunbornchildbased
on the ultrasound image and hearing the heartbeat of the unborn child.
d.
(1)That the woman has been provided information regarding all of the following,
based upon the materials developed by the department of health and human services
pursuant to subparagraph (2):
(a)The options relative to a pregnancy,
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1. A physician performing an abortion shall obtain written certification from the pregnant
woman of all of the following at least twenty-four hours prior to performing an abortion:
a. Thatthewomanhasundergoneanultrasoundimagingoftheunbornchildthatdisplays
the approximate age of the unborn child.
b. That the woman was given the opportunity to see the unborn child by viewing the
ultrasound image of the unborn child.
c. Thatthewomanwasgiventheoptionofhearingadescriptionoftheunbornchildbased
on the ultrasound image and hearing the heartbeat of the unborn child.
d. (1) That the woman has been provided information regarding all of the following,
based upon the materials developed by the department of health and human services
pursuant to subparagraph (2):
(a) The options relative to a pregnancy, including continuing the pregnancy to term and
retaining parental rights following the child’s birth, continuing the pregnancy to term and
placing the child for adoption, and terminating the pregnancy.
(b) The indicators, contra-indicators, and risk factors including any physical,
psychological, or situational factors related to the abortion in light of the woman’s medical
history and medical condition.
(2) Thedepartmentofhealthandhumanservicesshallmakeavailabletophysicians,upon
request, all of the following information:
(a) Geographically indexed materials designed to inform the woman about public and
private agencies and services available to assist a woman through pregnancy, at the time of
childbirth, and while the child is dependent. The materials shall include a comprehensive list
of the agencies available, categorized by the type of services offered, and a description of the
manner by which the agency may be contacted.
(b) Materialsthatencourageconsiderationofplacementforadoption. Thematerialsshall
inform the woman of the benefits of adoption, including the requirements of confidentiality
in the adoption process, the importance of adoption to individuals and society, and the state’s
interest in promoting adoption by preferring adoption over abortion.
(c) Materials that contain objective information describing the methods of abortion
procedures commonly used, the medical risks commonly associated with each such
procedure, and the possible detrimental physical and psychological effects of abortion.
2. Compliance with the prerequisites of this section shall not apply to an abortion
performed in a medical emergency.
3. Aphysicianwhoviolatesthissectionissubjecttolicenseedisciplinepursuanttosection
148.6.
4. Thissectionshallnotbeconstruedtoimposecivilorcriminalliabilityonawomanupon
whom an abortion is performed, or to prohibit the sale, use, prescription, or administration
of a measure, drug, or chemical designed for the purposes of contraception.
5. The board of medicine shall adopt rules pursuant to chapter 17A to administer this
section.
6. As used in this section:
a. “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
arisingfromthepregnancy, butnotincludingpsychologicalconditions, emotionalconditions,
familial conditions, or the woman’s age; or when continuation of the pregnancy will create
§146A.1, ABORTION PREREQUISITES 2
a serious risk of substantial and irreversible impairment of a major bodily function of the
pregnant woman.
b. “Unborn child” means an individual organism of the species homo sapiens from
fertilization to live birth.