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House Amendment 1053

Amendment Text

PAG LIN
  1  1    Amend House File 235 as follows:
  1  2    #1.  By striking everything after the enacting
  1  3 clause and inserting the following:
  1  4    "Section 1.  NEW SECTION.  144.29A  TERMINATION OF
  1  5 PREGNANCY REPORTING.
  1  6    1.  A health care provider who initially identifies
  1  7 and diagnoses a spontaneous termination of pregnancy
  1  8 or who induces a termination of pregnancy shall file
  1  9 with the department a report for each termination
  1 10 within thirty days of the occurrence.  The report
  1 11 shall contain all of the following information with
  1 12 respect to each termination:
  1 13    a.  The confidential report tracking number.
  1 14    b.  Whether the patient is age eighteen or over or
  1 15 under the age of eighteen.
  1 16    c.  The marital status of the patient.
  1 17    d.  That an induced termination has occurred if the
  1 18 termination is induced.
  1 19    2.  It is the intent of the general assembly that
  1 20 the information shall be collected, reproduced,
  1 21 released, and disclosed for the purposes of preventing
  1 22 unwanted pregnancies, decreasing the pregnancy rate of
  1 23 individuals under eighteen years of age, promoting the
  1 24 health and welfare of Iowa, and securing federal
  1 25 funding, in a manner specified by rule of the
  1 26 department, pursuant to chapter 17A.  The department
  1 27 may share information with federal public health
  1 28 officials for the purposes of securing federal funding
  1 29 or conducting public health research.  However, in
  1 30 sharing the information, the department shall not
  1 31 relinquish control of the information, and any
  1 32 agreement entered into by the department with federal
  1 33 public health officials to share information shall
  1 34 prohibit the use, reproduction, release, or disclosure
  1 35 of the information by federal public health officials
  1 36 in a manner which violates this section.  The
  1 37 department shall publish, annually, a demographic
  1 38 summary of the information obtained pursuant to this
  1 39 section, except that the department shall not
  1 40 reproduce, release, or disclose any information
  1 41 obtained pursuant to this section which reveals the
  1 42 identity of any patient, health care provider,
  1 43 hospital, clinic, or other health facility, and shall
  1 44 ensure anonymity in the following ways:
  1 45    a.  The department shall use a confidential report
  1 46 tracking number for the sole purpose of information
  1 47 collection and verification prior to entry of the
  1 48 information.  Following collection and verification of
  1 49 the information, the department shall use, reproduce,
  1 50 release, and disclose any information collected only
  2  1 for the purpose of annually publishing the demographic
  2  2 summary.
  2  3    b.  The department shall enter the information,
  2  4 from any report of termination submitted, within
  2  5 thirty days of receipt of the report, and shall
  2  6 immediately destroy the report following entry of the
  2  7 information.  However, entry of the information from a
  2  8 report shall not include any health care provider,
  2  9 hospital, clinic, or other health facility
  2 10 identification information.
  2 11    c.  To protect confidentiality, the department
  2 12 shall limit release of information to release in an
  2 13 aggregate form which avoids identification of any
  2 14 individual patient, health care provider, hospital,
  2 15 clinic, or other health facility.  For the purposes of
  2 16 this paragraph, "aggregate form" means a compilation
  2 17 of the information received by the department of
  2 18 termination of pregnancies for each information item
  2 19 listed, with the exceptions of the confidential report
  2 20 tracking number, and any set of information for which
  2 21 the amount is so small that confidentiality of any
  2 22 person to whom the information relates may be
  2 23 compromised.  "Aggregate form" also means that any
  2 24 compilation of information shall not be based on an
  2 25 area which is smaller than a region of the department
  2 26 of human services.
  2 27    3.  Except as specified in subsection 2, reports,
  2 28 information, and records submitted and maintained
  2 29 pursuant to this section are strictly confidential and
  2 30 shall not be released or made public upon subpoena,
  2 31 search warrant, discovery proceedings, or by any other
  2 32 means.
  2 33    4.  A health care provider shall assign a
  2 34 confidential report tracking number which enables the
  2 35 health care provider to access the patient's medical
  2 36 information without identifying the patient.
  2 37    5.  To ensure proper performance of the reporting
  2 38 requirements under this section, it is preferred that
  2 39 a health care provider who practices within a
  2 40 hospital, clinic, or other health facility authorize
  2 41 one staff person to fulfill the reporting
  2 42 requirements.
  2 43    6.  For the purposes of this section, "health care
  2 44 provider" means an individual licensed under chapter
  2 45 148, 148C, 148D, 150, 150A, or 152, or any individual
  2 46 who provides medical services under the authorization
  2 47 of the licensee.
  2 48    Sec. 2.  Section 144.52, Code 1997, is amended by
  2 49 adding the following new subsection:
  2 50    NEW SUBSECTION.  7.  Knowingly violates a provision
  3  1 of section 144.29A relating to confidentiality." 
  3  2 
  3  3 
  3  4                               
  3  5 GRUNDBERG of Polk
  3  6 HF 235.307 77
  3  7 pf/cf/28
     

Text: H01052                            Text: H01054
Text: H01000 - H01099                   Text: H Index
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