Bill Text: MI SB0027 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Health; abortion; additional abortion complication reporting; require. Amends sec. 2835 of 1978 PA 368 (MCL 333.2835) & adds sec. 2839.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2015-01-22 - Referred To Committee On Health Policy [SB0027 Detail]

Download: Michigan-2015-SB0027-Introduced.html

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SENATE BILL No. 27

 

 

January 22, 2015, Introduced by Senators JONES, COLBECK, MACGREGOR, MARLEAU, ZORN and ROBERTSON and referred to the Committee on Health Policy.

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 2835 (MCL 333.2835), as amended by 2012 PA 499,

 

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 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.

 

     (9) A person who discloses confidential identifying

 

information in violation of this section, section 2834(6), or

 

section 2837 is guilty of a felony punishable by imprisonment for

 

not more than 3 years or a fine of not more than $5,000.00, 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. 2839. (1) Any individual who has actual knowledge that a

 

woman has sought treatment for 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 under

 

subsection (1) shall transmit copies of the notice of compliance by

 

either certified mail or hand delivery to each of the following:

 

     (a) The physician or health facility where the woman is

 

alleged to have been treated for the physical complication.

 

     (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, and telephone number of the individual

 

filing the notice of compliance.

 

     (ii) The name and address of the health facility where the

 

woman presented for treatment of the physical complication.

 

     (iii) The date the woman presented for treatment of the physical

 

complication.

 

     (iv) The age, if known, or the approximate age of the woman.

 

     (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.

 

     (C) The date the abortion was performed.

 

     (b) Within 7 days of receiving a notice of compliance, provide

 

a written confirmation to the individual submitting the notice and

 

transmit copies of the written confirmation to any physician or

 

health facility named in the notice of compliance.

 

     (c) Retain a notice of compliance for 5 years or until the

 

department determines that a report required under section 2835 or

 

2837 that corresponds to the notice of compliance has been received

 

by the department. If the department receives a report required

 

under section 2835 or 2837 that corresponds to a notice of

 

compliance it has received under this section, the department shall

 

notify the individual who filed the notice of compliance that the

 

report has been received and determined to correspond to the notice

 

of compliance.

 

     (4) An individual who transmits a notice of compliance 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

 

shall not be maintained.

 

     (5) The department shall not incorporate a notice of

 

compliance received under this section into the permanent official

 

records of the system of vital statistics. The department may use a

 

notice of compliance 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

 

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.