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Text: H01067 Text: H01069 Text: H01000 - H01099 Text: H Index Bills and Amendments: General Index Bill History: General Index
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 that is
1 12 available with respect to each termination:
1 13 a. The confidential health care provider code as
1 14 assigned by the department.
1 15 b. The type of health facility.
1 16 c. The report tracking number.
1 17 d. The state of residence and, if this state, the
1 18 county of residence of the patient.
1 19 e. The race of the patient.
1 20 f. The age of the patient.
1 21 g. The marital status of the patient.
1 22 h. The educational level of the patient.
1 23 i. The number of previous pregnancies, live
1 24 births, and spontaneous or induced termination of
1 25 pregnancies.
1 26 j. The month and year in which the termination
1 27 occurred.
1 28 k. The number of weeks since the patient's last
1 29 menstrual period and a clinical estimate of gestation.
1 30 l. Complications, if any.
1 31 m. The cause of spontaneous termination, if known.
1 32 n. The type of termination procedure, if the
1 33 termination is induced.
1 34 2. It is the intent of the general assembly that
1 35 the information shall be collected, reproduced,
1 36 released, and disclosed in a manner specified by rule
1 37 of the department, adopted pursuant to chapter 17A,
1 38 which ensures the anonymity of the patient who
1 39 experiences a termination of pregnancy, the health
1 40 care provider who identifies and diagnoses or induces
1 41 a termination of pregnancy, and the hospital, clinic,
1 42 or other health facility in which a termination of
1 43 pregnancy is identified and diagnosed or induced. The
1 44 department may share information with federal public
1 45 health officials for the purposes of securing federal
1 46 funding or conducting public health research.
1 47 However, in sharing the information, the department
1 48 shall not relinquish control of the information, and
1 49 any agreement entered into by the department with
1 50 federal public health officials to share information
2 1 shall prohibit the use, reproduction, release, or
2 2 disclosure of the information by federal public health
2 3 officials in a manner which violates this section.
2 4 The department shall publish, annually, a demographic
2 5 summary of the information obtained pursuant to this
2 6 section, except that the department shall not
2 7 reproduce, release, or disclose any information
2 8 obtained pursuant to this section which reveals the
2 9 identity of any patient, health care provider,
2 10 hospital, clinic, or other health facility, and shall
2 11 ensure anonymity in the following ways:
2 12 a. The department may use information concerning
2 13 the report tracking number or concerning the identity
2 14 of a reporting health care provider, hospital, clinic,
2 15 or other health facility only for purposes of
2 16 information collection. The department shall not
2 17 reproduce, release, or disclose this information for
2 18 any purpose other than for use in annually publishing
2 19 the demographic summary under this section.
2 20 b. The department shall enter the information,
2 21 from any report of termination submitted, within
2 22 thirty days of receipt of the report, and shall
2 23 immediately destroy the report following entry of the
2 24 information. However, entry of the information from a
2 25 report shall not include any health care provider,
2 26 hospital, clinic, or other health facility
2 27 identification information including, but not limited
2 28 to, the confidential health care provider code, as
2 29 assigned by the department.
2 30 c. To protect confidentiality, the department
2 31 shall limit release of information to release in an
2 32 aggregate form which avoids identification of any
2 33 individual patient, health care provider, hospital,
2 34 clinic, or other health facility. For the purposes of
2 35 this paragraph, "aggregate form" means a compilation
2 36 of the information received by the department on
2 37 termination of pregnancies for each information item
2 38 listed, with the exceptions of the report tracking
2 39 number, the health care provider code, and any set of
2 40 information for which the amount is so small that the
2 41 confidentiality of any person to whom the information
2 42 relates may be compromised. The department shall
2 43 establish a methodology to provide a statistically
2 44 verifiable basis for any determination of the correct
2 45 amount at which information may be released so that
2 46 the confidentiality of any person is not compromised.
2 47 3. Except as specified in subsection 2, reports,
2 48 information, and records submitted and maintained
2 49 pursuant to this section are strictly confidential and
2 50 shall not be released or made public upon subpoena,
3 1 search warrant, discovery proceedings, or by any other
3 2 means.
3 3 4. The department shall assign a code to any
3 4 health care provider who may be required to report a
3 5 termination under this section. An application
3 6 procedure shall not be required for assignment of a
3 7 code to a health care provider.
3 8 5. A health care provider shall assign a report
3 9 tracking number which enables the health care provider
3 10 to access the patient's medical information without
3 11 identifying the patient.
3 12 6. To ensure proper performance of the reporting
3 13 requirements under this section, it is preferred that
3 14 a health care provider who practices within a
3 15 hospital, clinic, or other health facility authorize
3 16 one staff person to fulfill the reporting
3 17 requirements.
3 18 7. For the purposes of this section, "health care
3 19 provider" means an individual licensed under chapter
3 20 148, 148C, 148D, 150, 150A, or 152, or any individual
3 21 who provides medical services under the authorization
3 22 of the licensee.
3 23 8. For the purposes of this section, "inducing a
3 24 termination of pregnancy" means the use of any means
3 25 to terminate the pregnancy of a woman known to be
3 26 pregnant with the intent other than to produce a live
3 27 birth or to remove a dead fetus.
3 28 Sec. 2. Section 144.52, Code 1997, is amended by
3 29 adding the following new subsection:
3 30 NEW SUBSECTION. 7. Violates a provision of
3 31 section 144.29A."
3 32
3 33
3 34
3 35 CARROLL of Poweshiek
3 36 HF 235.709 77
3 37 pf/sc/28
Text: H01067 Text: H01069 Text: H01000 - H01099 Text: H Index Bills and Amendments: General Index Bill History: General Index
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