Iowa fetal heartbeat law: What exceptions would allow for abortion after cardiac activity is detected?
The Iowa Supreme Court on Friday reversed a lower court ruling that put a temporary block on the state’s strict abortion law, and is telling the lower court to let the law take effect.
The 2023 law bans most abortions once fetal cardiac activity is detected. Doctors say that is typically at six weeks of pregnancy, before many women know they are pregnant.
There are limited circumstances under the Iowa law that would allow for abortion after fetal cardiac activity is detected: rape, if reported to law enforcement or a health provider within 45 days; incest, if reported within 145 days; if the fetus has a fetal abnormality “incompatible with life”; or if the pregnancy is endangering the life of the patient.
The law defines medical emergency as "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 arising from the pregnancy."
It specifies that a medical emergency does not include "psychological conditions, emotional conditions, familial conditions, or the woman’s age" but does include "when continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman."
» Iowa leaders react to Supreme Court's decision that allows strict abortion law to go into effect
The state’s medical board recently defined rules for how doctors should adhere to the law.
Still, details from the board on enforcement were more limited. The rules do not outline how the board would determine noncompliance or what the appropriate disciplinary action might be.
Also missing was additional guidance on just how imminent risks to the pregnant women must be before doctors can intervene, a question vexing physicians across the country, especially after the Texas Supreme Court denied a pregnant woman with life-threatening complications access to abortion. While the U.S. Supreme Court on Thursday cleared the way for emergency abortions in Idaho, the court stopped short of issuing broader rulings.
Emily Boevers, an obstetrician gynecologist practicing in rural Iowa who advocates for abortion access, questioned how far women will suffer before they are provided life-saving care.
“I hope that our governor will be available by telephone to take the calls wondering if we pass that line where patients are deadly ill and we can perform life-saving care for her,” she said Friday. "Our patients will suffer.”
WATCH: Iowa’s Supreme Court tells lower court to let strict abortion law go into effect