Notice of Intended Action
Parental notification of intent to terminate a pregnancy through abortion, ch 89
ARC 8521C
PUBLIC HEALTH DEPARTMENT[641]
Notice of Intended Action
Proposing rulemaking related to parental notification of intent to terminate a pregnancy through abortion and providing an opportunity for public comment
The Department of Health and Human Services hereby proposes to rescind Chapter 89, “Decision-Making Assistance Program and Parental Notification of Intent to Terminate a Pregnancy Through Abortion,” and to adopt a new Chapter 89, “Parental Notification of Intent to Terminate a Pregnancy Through Abortion,” Iowa Administrative Code.
Legal Authority for Rulemaking
This rulemaking is proposed under the authority provided in Iowa Code chapter 135L.
State or Federal Law Implemented
This rulemaking implements, in whole or in part, Iowa Code chapter 135L.
Purpose and Summary
This proposed rulemaking is a result of Executive Order 10. These proposed rules provide the procedures and documentation necessary for notification of a parent or grandparent of a pregnant minor prior to the termination of the pregnancy through abortion.
Regulatory Analysis
A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on October 16, 2024. A public hearing was held on the following date(s):
●November 6, 2024
Fiscal Impact
This rulemaking has no fiscal impact to the State of Iowa.
Jobs Impact
After analysis and review of this rulemaking, no impact on jobs has been found.
Waivers
Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 441—Chapter 6.
Public Comment
Any interested person may submit written or oral comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on January 17, 2025. Comments should be directed to:
|
Victoria L. Daniels |
Public Hearing
Public hearings at which persons may present their views orally or in writing will be held as follows:
|
January 15, 2025 |
Via Microsoft Teams |
|
January 17, 2025 |
Via Microsoft Teams |
Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.
Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.
Review by Administrative Rules Review Committee
The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).
The following rulemaking action is proposed:
ITEM 1.Rescind 641—Chapter 89 and adopt the following new chapter in lieu thereof:
CHAPTER 89
PARENTAL NOTIFICATION OF INTENT TO
TERMINATE A PREGNANCY THROUGH ABORTION
641—89.1(135L) Definitions.
“Abortion” means an abortion as defined in Iowa Code chapter 146C.
“Court” means juvenile court.
“Grandparent” means the same as defined in Iowa Code chapter 135L.
“Licensed physician” means a physician as licensed by the Iowa board of medicine.
“Medical emergency” means the same as defined in Iowa Code chapter 135L.
“Minor” means the same as defined in Iowa Code chapter 135L.
“Parent” means the same as defined in Iowa Code chapter 135L.
641—89.2(135L) Notification of parent prior to the performance of abortion on a pregnant minor.
89.2(1) Notification is made to the parent pursuant to Iowa Code section 135L.3, unless a judicial waiver is granted as provided in Iowa Code section 135L.3, or unless any of the conditions of rule 641—89.3(135L) have been met.
a.The notification form shall be in duplicate and may be provided by the department and include, at a minimum, the following:
(1)The name of the minor.
(2)Notification of the intent to terminate the pregnancy.
(3)The name, address, and relationship of the person to be notified.
b.The licensed physician who performs the abortion will keep the original notification form as a part of the minor’s medical record relating to the termination of the pregnancy.
c.A copy of the completed notification form is provided to the pregnant minor.
89.2(2) Reserved.
641—89.3(135L) Notification procedures in the event of an exception.
89.3(1) The licensed physician who performs the abortion will keep all written documentation as a part of the minor’s medical record relating to the termination of the pregnancy.
89.3(2) Upon receipt of the written statement from the pregnant minor, the licensed physician who performs the abortion provides notification to a grandparent of the pregnant minor, specified by the pregnant minor, in the manner in which the notification of a parent was prescribed in rule 641—89.2(135L).
a.The notification form shall be in duplicate and may be provided by the department, and include, at a minimum, the following:
(1)The name of the minor.
(2)Notification of the intent to terminate the pregnancy.
(3)The name, address, and relationship of the person to be notified.
(4)A declaration that informs the grandparent of the pregnant minor that the grandparent of the pregnant minor may be subject to civil action if the grandparent accepts notification.
(5)A provision that the grandparent of the pregnant minor may refuse acceptance of notification and a provision that the grandparent immediately contact the licensed physician if refusing acceptance of the notification.
b.A copy of the completed notification form is to be provided to the pregnant minor.
These rules are intended to implement Iowa Code chapter 135L.
Public Health Department
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Open For Comments
This notice is open for comments for 27 more day(s). If you'd like to comment, select or click the text you wish to comment on in the document, or click the button below to make a general comment about the document. Comments will be collected through 1/17/2025
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Public Hearing
Official Document
- Parental notification of intent to terminate a pregnancy through abortion, ch 89
- Published on 12/11/2024
- 27 Views , 0 Comments
- Notice of Intended Action
The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.
View the Iowa Administrative Bulletin for 12/11/2024.
Administrative Rule References
The following administrative rule references were added to this document. You may click a reference to view related notices.
Rule 641-89.1 Rule 641-89.2 Rule 641-89.3Iowa Code References
The following Iowa code references were added to this document. You may click a reference to view related notices.
Iowa Code 135L Iowa Code 135L.3 Iowa Code 146CKeywords
The following keywords and tags were added to this document. You may click a keyword to view related notices.
Definitions Notification procedures in the event of an exceptionAbout
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