Text: HF00234 Text: HF00236 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 144.29A TERMINATION OF PREGNANCY
1 2 REPORTING.
1 3 1. A health care provider who initially identifies and
1 4 diagnoses a spontaneous termination of pregnancy or who
1 5 induces a termination of pregnancy shall file with the
1 6 department a report for each termination within thirty days of
1 7 the occurrence. The report shall contain all of the following
1 8 information with respect to each termination:
1 9 a. The confidential health care provider code as assigned
1 10 by the department.
1 11 b. The type of health facility.
1 12 c. The report tracking number.
1 13 d. The state of residence and, if this state, the county
1 14 of residence of the patient.
1 15 e. The race of the patient.
1 16 f. The age of the patient.
1 17 g. The marital status of the patient.
1 18 h. The educational level of the patient.
1 19 i. The number of previous pregnancies, live births, and
1 20 spontaneous or induced termination of pregnancies.
1 21 j. The month and year in which the termination occurred.
1 22 k. The number of weeks since the patient's last menstrual
1 23 period and a clinical estimate of gestation.
1 24 l. Complications, if any.
1 25 m. The cause of spontaneous termination, if known.
1 26 n. The type of termination procedure, if the termination
1 27 is induced.
1 28 2. It is the intent of the general assembly that the
1 29 information shall be collected, reproduced, released, and
1 30 disclosed in a manner specified by rule of the department,
1 31 pursuant to chapter 17A, which ensures the anonymity of the
1 32 patient who experiences a termination of pregnancy, the health
1 33 care provider who identifies and diagnoses or induces a
1 34 termination of pregnancy, and the hospital, clinic, or other
1 35 health facility in which a termination of pregnancy is
2 1 identified and diagnosed or induced. The department may share
2 2 information with federal public health officials for the
2 3 purposes of securing federal funding or conducting public
2 4 health research. However, in sharing the information, the
2 5 department shall not relinquish control of the information,
2 6 and any agreement entered into by the department with federal
2 7 public health officials to share information shall prohibit
2 8 the use, reproduction, release, or disclosure of the
2 9 information by federal public health officials in a manner
2 10 which violates this section. The department shall publish,
2 11 annually, a demographic summary of the information obtained
2 12 pursuant to this section, except that the department shall not
2 13 reproduce, release, or disclose any information obtained
2 14 pursuant to this section which reveals the identity of any
2 15 patient, health care provider, hospital, clinic, or other
2 16 health facility, and shall ensure anonymity in the following
2 17 ways:
2 18 a. The department shall use a report tracking number, a
2 19 confidential health care provider code, and the identity of a
2 20 reporting hospital, clinic, or other health facility for the
2 21 sole purpose of information collection and verification prior
2 22 to entry of the information. Following collection and
2 23 verification of the information, the department shall use,
2 24 reproduce, release, and disclose any information collected
2 25 only for the purpose of annually publishing the demographic
2 26 summary.
2 27 b. The department shall enter the information, from any
2 28 report of termination submitted, within thirty days of receipt
2 29 of the report, and shall immediately destroy the report
2 30 following entry of the information. However, entry of the
2 31 information from a report shall not include any health care
2 32 provider, hospital, clinic, or other health facility
2 33 identification information including, but not limited to, the
2 34 confidential health care provider code, as assigned by the
2 35 department.
3 1 c. To protect confidentiality, the department shall limit
3 2 release of information to release in an aggregate form which
3 3 avoids identification of any individual patient, health care
3 4 provider, hospital, clinic, or other health facility. For the
3 5 purposes of this paragraph, "aggregate form" means a
3 6 compilation of the information received by the department of
3 7 termination of pregnancies for each information item listed,
3 8 with the exceptions of the report tracking number, the health
3 9 care provider code, and any set of information for which the
3 10 amount is so small that confidentiality of any person to whom
3 11 the information relates may be compromised.
3 12 3. Except as specified in subsection 2, reports,
3 13 information, and records submitted and maintained pursuant to
3 14 this section are strictly confidential and shall not be
3 15 released or made public upon subpoena, search warrant,
3 16 discovery proceedings, or by any other means.
3 17 4. The department shall assign a code to any health care
3 18 provider who may be required to report a termination under
3 19 this section. An application procedure shall not be required
3 20 for assignment of a code to a health care provider.
3 21 5. A health care provider shall assign a report tracking
3 22 number which enables the health care provider to access the
3 23 patient's medical information without identifying the patient.
3 24 6. To ensure proper performance of the reporting
3 25 requirements under this section, it is preferred that a health
3 26 care provider who practices within a hospital, clinic, or
3 27 other health facility authorize one staff person to fulfill
3 28 the reporting requirements.
3 29 7. For the purposes of this section, "health care
3 30 provider" means an individual licensed under chapter 148,
3 31 148C, 148D, 150, 150A, or 152, or any individual who provides
3 32 medical services under the authorization of the licensee.
3 33 Sec. 2. Section 144.52, Code 1997, is amended by adding
3 34 the following new subsection:
3 35 NEW SUBSECTION. 7. Violates a provision of section
4 1 144.29A.
4 2 EXPLANATION
4 3 This bill requires the reporting of both spontaneous and
4 4 induced terminations of pregnancy to the Iowa department of
4 5 public health within 30 days of the occurrence.
4 6 The bill lists the information to be included in a report
4 7 and requires the department to adopt rules which specify the
4 8 collection procedures to be used and which ensure anonymity of
4 9 all parties related to the report.
4 10 The bill authorizes the Iowa department of public health to
4 11 share information with federal public health officials, and
4 12 requires the department to annually publish a demographic
4 13 summary of the information obtained through the reports. The
4 14 bill also establishes the manner of use of the information in
4 15 order to ensure confidentiality of all parties related to the
4 16 report, and makes other provisions, including the following:
4 17 stating that it is the intent of the general assembly that the
4 18 information be collected, reproduced, released and disclosed
4 19 in accordance with rules which ensure anonymity of the
4 20 patient, health care provider, hospital, clinic or other
4 21 health facility; providing that the information may be shared
4 22 with federal public health officials to secure federal funds
4 23 or to conduct public health research; providing that in any
4 24 sharing of the information, the department is not to
4 25 relinquish control of the information and any agreement
4 26 entered into between the department and federal public health
4 27 officials is to prohibit the use, reproduction, release, or
4 28 disclosure of the information in a manner which violates the
4 29 bill; providing that the department is to use identifying
4 30 information solely for the purposes of information collection
4 31 and verification of the information; requiring the entry of
4 32 the information from the reports to be performed within 30
4 33 days of the receipt of a report and that the information then
4 34 be immediately destroyed; prohibiting entry of any health care
4 35 provider, hospital, clinic, or other health facility
5 1 identification information including but not limited to the
5 2 health care provider code, assigned by the department;
5 3 providing for release of the information only in the aggregate
5 4 form as defined in the bill; providing that except as
5 5 otherwise specified in the bill, reports, information, and
5 6 records submitted and maintained under the bill are
5 7 confidential and are not to be released or made public upon
5 8 subpoena, search warrant, discovery proceedings, or by any
5 9 other means; providing for the assignment of a health care
5 10 provider code without requiring an application process;
5 11 providing that a health care provider assign a report tracking
5 12 number to the report submitted which does not identify the
5 13 patient; providing that it is preferred that a health care
5 14 provider who practices within a hospital, clinic, or other
5 15 health facility authorize one staff person to fulfill the
5 16 reporting requirements; and defining "health care provider"
5 17 for the purposes of the bill.
5 18 The bill establishes a penalty of a serious misdemeanor for
5 19 violation of reporting requirements of the bill.
5 20 LSB 1490HV 77
5 21 pf/sc/14
Text: HF00234 Text: HF00236 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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