Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 13 - Standards of Practice and Principles of Medical Ethics › Rule 653-13.17 - Standards of Practice for Physicians Who Perform or Induce Abortions-definitions-detection of Fetal Heartbeat-fetal Heartbeat Exceptions-discipline

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Standards of practice.
This rule sets forth the
								 standards of practice for physicians who perform or induce abortions. More information is contained in Iowa
								 Code section 146E.2(5).
(2)
Definitions.
As used
								 in this rule or in Iowa Code chapter 146E:
"Private health agency"
means any establishment, facility,
										organization, or other entity that is not owned by a federal, state, or local government that either is a
										health care provider or employs or provides the services of a health care provider. Establishments,
										facilities, organizations, or other entities that are health care providers include the following:
1. A hospital as defined in Iowa Code section 135B.1;
2. A health care facility as defined in Iowa Code section 135C.1;
3. A health facility as defined in Iowa Code section 135P.1; or
4. A similar entity that either is a health care provider or employs or
								 provides the services of a health care provider.
"Public health agency"
means any establishment; facility;
										organization; administrative division; or entity that is owned by a federal, state, or local government that
										either is a health care provider or employs or provides the services of a health care provider.
										Establishments, facilities, organizations, administrative divisions, or other entities that are health care
										providers include the following:
1. A hospital as defined in Iowa
								 Code section 135B.1;
2. A health care facility as defined in Iowa
								 Code section 135C.1;
3. A health facility as defined in Iowa Code
								 section 135P.1; or
4. A similar entity that either is a health
								 care provider or employs or provides the services of a health care provider.
"Standard medical practice"
means the degree of skill, care,
										and diligence that a physician of the same medical specialty would employ in like circumstances. As applied
										to the method used to determine the presence of a fetal heartbeat for purposes of Iowa Code chapter 146E and
										this rule, "standard medical practice" includes employing the appropriate means of detection depending on the
										estimated gestational age of the unborn child and the condition of the woman and her pregnancy.
"The pregnancy is the result of a rape"
means a circumstance
										in which the pregnancy is the result of conduct that would constitute an offense under Iowa Code section
										709.2, 709.3, 709.4, or 709.4A when perpetrated against a female, regardless of where the conduct
										occurred.
"The pregnancy is the result of incest"
means a circumstance
										in which a sex act occurs between closely related persons that involves a vaginal penetration that causes a
										pregnancy. The closely related persons must be related, either legitimately or illegitimately, as an
										ancestor, descendant, brother or sister of the whole or half blood, aunt, uncle, niece, or nephew. For
										purposes of this rule, a closely related person includes a stepparent, stepchild, or stepsibling, including
										siblings through adoption.
"Unborn child"
means an individual organism of the species
Homo sapiens
from fertilization to live birth-that is, at all stages of development,
										including embryo and fetus.
"Woman"
means a female individual regardless of her
										age.