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Culture & Conversation Sexual Health
This law was last updated on Dec 13, 2018
This law is Anti–Choice
H 5403
Failed to Pass
May 9, 2018
Primary Sponsors: 1
Total Sponsors: 1
H 5403 would prohibit the performance of an abortion from the time a fetus has a detectable heartbeat.
A fetal heartbeat can be detected as early as six weeks of pregnancy—two weeks after a woman’s first missed period—and well before many women even realize that they are pregnant.
Except in the case of a medical emergency or when the abortion is medically necessary, the bill would prohibit abortions without a check for a fetal heartbeat, or if a fetal heartbeat is detectable.
In testing for a detectable heartbeat, the physician would be required to perform an abdominal ultrasound.
Following the testing of the pregnant person for a detectable fetal heartbeat, the physician would need to inform the pregnant person, in writing, of all of the following:
The bill would prohibit a physician from performing or attempting to perform an abortion when it has been determined that the fetus has a detectable heartbeat, unless a medical emergency exists, or the abortion is medically necessary.
Examples of when an abortion is “medically necessary” include:
If the probable post-fertilization age of the fetus is determined to be twenty or more weeks, the “medically necessary” exceptions would not apply.
A physician who violates any provision of this article would be guilty of a felony and would be fined $10,000 and/or imprisoned for up to two years.
Fetal Tissue Use
H 5403 would prohibit a person from knowingly acquiring, providing, receiving, otherwise transferring, or using a fetal body part, regardless of whether the acquisition, provision, receipt, or use is for valuable consideration.
This would not apply to:
A person who violates this provision would be guilty of a felony, punishable by confinement for no more than 10 years and a fine of at least $1,000 but not more than $10,000.
Related Legislation
Nearly identical to Iowa’s heartbeat abortion ban (SF 359), which was signed into law on May 4, 2018.
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