This text of Iowa § 146B.3 (Civil actions and penalties) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.Failureofaphysiciantocomplywithanyprovisionofsection146B.2,withtheexception
of the late filing of a report or failure to submit a complete report in compliance with a court
order, is grounds for licensee discipline under chapter 148.
2.A woman upon whom an abortion has been performed in violation of this chapter
may maintain an action against the physician who performed the abortion in intentional or
reckless violation of this chapter for actual damages.
3.A woman upon whom an abortion has been attempted in violation of this chapter may
maintainanactionagainstthephysicianwhoattemptedtheabortioninintentionalorreckless
violation of this chapter for actual damages.
4.A cause of action for injunctive relief to prevent a physician from performing abortions
may be maintained against a phys
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1. Failureofaphysiciantocomplywithanyprovisionofsection146B.2,withtheexception
of the late filing of a report or failure to submit a complete report in compliance with a court
order, is grounds for licensee discipline under chapter 148.
2. A woman upon whom an abortion has been performed in violation of this chapter
may maintain an action against the physician who performed the abortion in intentional or
reckless violation of this chapter for actual damages.
3. A woman upon whom an abortion has been attempted in violation of this chapter may
maintainanactionagainstthephysicianwhoattemptedtheabortioninintentionalorreckless
violation of this chapter for actual damages.
4. A cause of action for injunctive relief to prevent a physician from performing abortions
may be maintained against a physician who has intentionally violated this chapter by the
woman upon whom the abortion was performed or attempted, by a parent or guardian of the
womanifthewomanislessthaneighteenyearsofageatthetimetheabortionwasperformed
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.
5. If the plaintiff prevails in an action brought under this section, the plaintiff shall be
entitled to an award for reasonable attorney fees.
6. If the defendant prevails in an action brought under this section and the court finds that
the plaintiff’s suit was frivolous and brought in bad faith, the defendant shall be entitled to
an award for reasonable attorney fees.
7. Damages and attorney fees shall not be assessed against the woman upon whom an
abortion was performed or attempted except as provided in subsection 6.
8. In a civil proceeding or action brought under this chapter, the court shall rule whether
the anonymity of any woman upon whom an abortion has been performed or attempted
shall be preserved from public disclosure if the woman does not provide consent to such
disclosure. The court, upon motion or on its own motion, shall make such a ruling and,
upon determining that the woman’s anonymity should be preserved, shall issue orders to
the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion
of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the
woman’s identity from public disclosure. Each such order shall be accompanied by specific
writtenfindingsexplainingwhytheanonymityofthewomanshouldbepreservedfrompublic
disclosure, why the order is essential to that end, how the order is narrowly tailored to serve
that interest, and why no reasonable less restrictive alternative exists. In the absence of
written consent of the woman upon whom an abortion has been performed or attempted,
anyone, other than a public official, who brings an action under this section shall do so under
a pseudonym. This subsection shall not be construed to conceal the identity of the plaintiff
or of witnesses from the defendant or from attorneys for the defendant.
9. This chapter shall not be construed to impose civil or criminal liability on a woman
upon whom an abortion is performed or attempted.