Bill Text: MI SB0376 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Health; abortion; additional abortion complication reporting; require. Amends secs. 2835 & 2837 of 1978 PA 368 (MCL 333.2835 & 333.2837) & adds sec. 2839.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-05-10 - Referred To Committee On Health Policy [SB0376 Detail]
Download: Michigan-2017-SB0376-Introduced.html
SENATE BILL No. 376
May 10, 2017, Introduced by Senators JONES, HORN, PAVLOV and MARLEAU and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 2835 and 2837 (MCL 333.2835 and 333.2837),
section 2835 as amended by 2012 PA 499 and section 2837 as added by
1999 PA 208, and by adding section 2839.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
2835. (1) As used in this section and section sections
2837 and 2839, "physical complication" means a physical condition
occurring during or after an abortion that, under generally
accepted standards of medical practice, requires medical attention.
Physical complication includes, but is not limited to, infection,
hemorrhage, cervical laceration, allergic response, anesthesia-
related complications, or perforation of the uterus.
(2) A physician who performs an abortion shall report the
performance of that procedure to the department on forms prescribed
and provided by the department. A physician shall transmit a report
required under this subsection to the director within 7 days after
the performance of the abortion.
(3) Each report of an abortion required under subsection (2)
shall
must contain only the following information and no other
information:
(a) The age of the individual at the time of the abortion.
(b) The marital status of the individual at the time of the
abortion.
(c) The race and, if applicable, Hispanic ethnicity of the
individual.
(d) The city or township, county, and state in which the
individual resided at the time of the abortion.
(e) The name and address of the facility and the type of
facility in which the abortion was performed.
(f) The source of referral to the physician performing the
abortion.
(g) The number of previous pregnancies carried to term.
(h) The number of previous pregnancies ending in spontaneous
abortion.
(i) The number of previous pregnancies terminated by abortion.
(j) The method used before the abortion to confirm the
pregnancy, the period of gestation in weeks of the present
pregnancy, and the first day of the last menstrual period.
(k) The method used to perform the abortion.
(l) The weight of the embryo or fetus, if determinable.
(m) Whether the fetus showed evidence of life when separated,
expelled, or removed from the individual.
(n) The date of performance of the abortion.
(o) The method and source of payment for the abortion.
(p) A physical complication or death resulting from the
abortion and observed by the physician or reported to the physician
or his or her agent before the report required under subsection (2)
is transmitted to the director.
(q) The physician's signature and his or her state license
number.
(4)
The A physician who
submits a report required under
subsection
(2) shall not contain include
the name of the
individual, common identifiers such as her social security number
or motor vehicle operator's license number, or other information or
identifiers that would make it possible to identify in any manner
or under any circumstances an individual who has obtained or seeks
to obtain an abortion. A state agency shall not compare data in an
electronic or other information system file with data in another
electronic or other information system that would result in
identifying in any manner or under any circumstances an individual
obtaining or seeking to obtain an abortion. Statistical information
that may reveal the identity of an individual obtaining or seeking
to
obtain an abortion shall must
not be maintained.
(5) The department shall destroy each individual report
required by this section and each copy of the report after
retaining the report for 5 years after the date the report is
received.
(6) The department shall make available annually in aggregate
a statistical report summarizing the information submitted in each
individual report required by this section. The department shall
specifically summarize aggregate data regarding all of the
following in the annual statistical report:
(a) The period of gestation in 4-week intervals from 5 weeks
through 28 weeks.
(b) Abortions performed on individuals aged 17 and under.
(c) Physical complications reported under subsection (3)(p)
and section 2837.
(7) The reports required under this section are statistical
reports
to be used only for medical and health purposes. and The
department
shall not be incorporated incorporate the reports
required under this section into the permanent official records of
the system of vital statistics.
(8) Except as otherwise provided in subsection (10), the
department or an employee of the department shall not disclose to a
person or entity outside the department the reports or the contents
of the reports required by this section in a manner or fashion so
as to permit the person or entity to whom the report is disclosed
to identify in any way the individual who is the subject of the
report, the identity of the physician who performed the abortion,
or the name or address of a facility in which an abortion was
performed. Nothing in this subsection or subsection (10) prevents
the department from summarizing aggregate data based on the county
in which abortions were performed in the annual statistical report
required under subsection (6).
(9) A person who discloses confidential identifying
information
in violation of this section , section 2834(6), or
section
2837 is guilty of a felony misdemeanor
punishable by
imprisonment
for not more than 3 years 1
year or a fine of not more
than
$5,000.00, $1,000.00, or both.
(10) The department may release the reports or the contents of
the reports required by this section to the department of licensing
and regulatory affairs for regulatory purposes only. The department
of licensing and regulatory affairs or an employee of the
department of licensing or regulatory affairs shall not disclose to
a person or entity outside of the department of licensing and
regulatory affairs the reports or the contents of the reports
required by this section in a manner or fashion so as to permit the
person or entity to whom the report is disclosed to identify in any
way the individual who is the subject of the report, the identity
of the physician who performed the abortion, or the name or address
of a facility in which an abortion was performed.
Sec. 2837. (1) A physician shall file a written report with
the department regarding each patient who comes under the
physician's professional care and who suffers a physical
complication or death that is a primary, secondary, or tertiary
result of an abortion.
(2) A medical examiner who determines that a physical
complication is the primary, secondary, or tertiary cause of death
shall file a written report with the department.
(3) (2)
The department shall summarize
aggregate data from the
reports required under subsection (1) for purposes of inclusion
into the annual statistical report on abortion required under
section 2835.
(4) (3)
The department shall destroy each
individual report
required by this section and each copy of the report after
retaining the report for 5 years after the date the report is
received.
(5) (4)
The department shall develop and
distribute a
standardized form for the report required under subsection (1). The
department shall not include on the standardized reporting form the
name or address of the patient who is the subject of the report or
any other information that could reasonably be expected to identify
the patient who is the subject of the report. The department shall
include on the standardized form a statement specifying the time
period within which a report must be transmitted under section
2835(2).
(6) The department or an employee of the department shall not
disclose to a person or entity outside the department the reports
or the contents of the reports required by this section in a manner
or fashion so as to permit the person or entity to whom the report
is disclosed to identify in any way the individual who is the
subject of the report.
Sec. 2839. (1) Any individual who has actual knowledge that a
woman has sought treatment for or has died as a result of a
physical complication that is a result of an abortion may complete
and cause to be transmitted a notice of compliance form described
in subsection (3)(a) in the manner prescribed in subsection (2).
(2) An individual who completes a notice of compliance form
under subsection (1) shall, within 1 year from the date the
abortion was performed, transmit copies of the notice of compliance
form by either certified mail or hand delivery to each of the
following:
(a) The physician who treated the woman for the physical
complication, the health facility where the woman is alleged to
have been treated for the physical complication, or, if the woman
has died as a result of the physical complication, the medical
examiner of the county in which the death occured.
(b) The physician who performed the abortion, if known.
(c) The department.
(3) The department shall do all of the following:
(a) Develop and make available in print and electronic format
a notice of compliance form for reporting only the following
information:
(i) The name, address, telephone number, and electronic mail
address of the individual submitting the notice of compliance form.
(ii) The name and address of the health facility where the
woman was presented for treatment of the physical complication.
(iii) The date the woman was presented for treatment of the
physical complication.
(iv) The age, if known, or the approximate age of the woman
presented for treatment of the physical complication.
(v) The type of physical complication that was treated and
whether death occurred.
(vi) The following information about the performance of the
abortion that led to the physical complication or death:
(A) The name and address of the facility where the abortion
was performed.
(B) The name of the physician performing the abortion, if
known.
(C) The date the abortion was performed.
(b) Within 7 days of receiving a notice of compliance form
transmitted within the time frame required in subsection (2),
provide the confirmation document described in subdivision (c) to
all of the following:
(i) The individual submitting the notice of compliance form.
(ii) The health facility identified in the notice of
compliance form as providing treatment to a woman for a physical
complication.
(iii) The physician identified in the notice of compliance
form as performing the abortion, if known.
(iv) The facility identified in the notice of compliance form
as the facility where the abortion was performed.
(c) Develop a confirmation document that provides all of the
following:
(i) Written confirmation to the individual who submitted the
notice of compliance form that the department received the notice
of compliance form.
(ii) Instruction to each physician and health facility
identified in the notice of compliance form that each physician and
health facility identified in the notice of compliance form shall
respond to the department by confirming or denying that a woman was
presented for and received treatment for a physical complication
that corresponds with the date and other information supplied in
the notice of compliance form.
(iii) Instruction to each physician and health facility
identified in the notice of compliance form that if the physician
or health facility provided treatment to a woman for a physical
complication, the physician and health facility shall include a
copy of the report required under section 2835 or 2837, as
applicable, with their response to the confirmation document.
(d) Retain a notice of compliance form for 2 years or until
the department receives the response to the confirmation document
required under subdivision (c)(ii) and, if applicable, the report
required under section 2835 or 2837 confirming treatment for a
physical complication from the physician or health facility
identified in the notice of compliance form as providing treatment
to a woman for a physical complication.
(e) Not more than 90 days after sending notification to each
physician and health facility identified in the notice of
compliance form, notify the individual who submitted the notice of
compliance form of any responses received from each physician or
health facility identified in the notice of compliance form.
(4) An individual who transmits a notice of compliance form
under subsection (2) shall not include the name, common identifiers
such as social security number or motor vehicle operator's license
number, or other information or identifiers that would make it
possible to identify in any manner or under any circumstances the
woman who sought treatment for a physical complication. A state
agency shall not compare data in an electronic or other information
system file with data in another electronic or other information
system that would result in identifying in any manner or under any
circumstances an individual seeking treatment for a physical
complication. Statistical information that may reveal the identity
of an individual seeking treatment for a physical complication must
not be maintained.
(5) The department shall not incorporate a notice of
compliance form received under this section into the permanent
official records of the system of vital statistics. The department
may use a notice of compliance form as part of an investigation
regarding compliance with section 2835 or 2837.
(6) The department or an employee of the department shall not
disclose to a person or entity outside the department the reports
or the contents of the reports required by this section in a manner
or fashion so as to permit the person or entity to whom the report
is disclosed to identify in any way the person who is the subject
of the report.
(7) This section does not apply to a physician who reports a
physical complication or death resulting from an abortion in
compliance with section 2835 or 2837.
(8) A person who knowingly files a false notice of compliance
form or knowingly discloses confidential identifying information in
violation of this section is guilty of a misdemeanor punishable by
imprisonment for not more than 1 year or a fine of not more than
$1,000.00, or both.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.