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House Amendment 1068

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 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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