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PAG LIN
1 1 SENATE FILE 128
1 2
1 3 AN ACT
1 4 RELATING TO THE STATISTICAL REPORTING OF TERMINATIONS OF PREG-
1 5 NANCY AND ESTABLISHING A PENALTY.
1 6
1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 8
1 9 Section 1. NEW SECTION. 144.29A TERMINATION OF PREGNANCY
1 10 REPORTING.
1 11 1. A health care provider who initially identifies and
1 12 diagnoses a spontaneous termination of pregnancy or who
1 13 induces a termination of pregnancy shall file with the
1 14 department a report for each termination within thirty days of
1 15 the occurrence. The health care provider shall make a good
1 16 faith effort to obtain all of the following information that
1 17 is available with respect to each termination:
1 18 a. The confidential health care provider code as assigned
1 19 by the department.
1 20 b. The report tracking number.
1 21 c. The maternal health services region of the Iowa
1 22 department of public health, as designated as of July 1, 1997,
1 23 in which the patient resides.
1 24 d. The race of the patient.
1 25 e. The age of the patient.
1 26 f. The marital status of the patient.
1 27 g. The educational level of the patient.
1 28 h. The number of previous pregnancies, live births, and
1 29 spontaneous or induced termination of pregnancies.
1 30 i. The month and year in which the termination occurred.
1 31 j. The number of weeks since the patient's last menstrual
1 32 period and a clinical estimate of gestation.
1 33 2. It is the intent of the general assembly that the
1 34 information shall be collected, reproduced, released, and
1 35 disclosed in a manner specified by rule of the department,
2 1 adopted pursuant to chapter 17A, which ensures the anonymity
2 2 of the patient who experiences a termination of pregnancy, the
2 3 health care provider who identifies and diagnoses or induces a
2 4 termination of pregnancy, and the hospital, clinic, or other
2 5 health facility in which a termination of pregnancy is
2 6 identified and diagnosed or induced. The department may share
2 7 information with federal public health officials for the
2 8 purposes of securing federal funding or conducting public
2 9 health research. However, in sharing the information, the
2 10 department shall not relinquish control of the information,
2 11 and any agreement entered into by the department with federal
2 12 public health officials to share information shall prohibit
2 13 the use, reproduction, release, or disclosure of the
2 14 information by federal public health officials in a manner
2 15 which violates this section. The department shall publish,
2 16 annually, a demographic summary of the information obtained
2 17 pursuant to this section, except that the department shall not
2 18 reproduce, release, or disclose any information obtained
2 19 pursuant to this section which reveals the identity of any
2 20 patient, health care provider, hospital, clinic, or other
2 21 health facility, and shall ensure anonymity in the following
2 22 ways:
2 23 a. The department may use information concerning the
2 24 report tracking number or concerning the identity of a
2 25 reporting health care provider, hospital, clinic, or other
2 26 health facility only for purposes of information collection.
2 27 The department shall not reproduce, release, or disclose this
2 28 information for any purpose other than for use in annually
2 29 publishing the demographic summary under this section.
2 30 b. The department shall enter the information, from any
2 31 report of termination submitted, within thirty days of receipt
2 32 of the report, and shall immediately destroy the report
2 33 following entry of the information. However, entry of the
2 34 information from a report shall not include any health care
2 35 provider, hospital, clinic, or other health facility
3 1 identification information including, but not limited to, the
3 2 confidential health care provider code, as assigned by the
3 3 department.
3 4 c. To protect confidentiality, the department shall limit
3 5 release of information to release in an aggregate form which
3 6 prevents identification of any individual patient, health care
3 7 provider, hospital, clinic, or other health facility. For the
3 8 purposes of this paragraph, "aggregate form" means a
3 9 compilation of the information received by the department on
3 10 termination of pregnancies for each information item listed,
3 11 with the exceptions of the report tracking number, the health
3 12 care provider code, and any set of information for which the
3 13 amount is so small that the confidentiality of any person to
3 14 whom the information relates may be compromised. The
3 15 department shall establish a methodology to provide a
3 16 statistically verifiable basis for any determination of the
3 17 correct amount at which information may be released so that
3 18 the confidentiality of any person is not compromised.
3 19 3. Except as specified in subsection 2, reports,
3 20 information, and records submitted and maintained pursuant to
3 21 this section are strictly confidential and shall not be
3 22 released or made public upon subpoena, search warrant,
3 23 discovery proceedings, or by any other means.
3 24 4. The department shall assign a code to any health care
3 25 provider who may be required to report a termination under
3 26 this section. An application procedure shall not be required
3 27 for assignment of a code to a health care provider.
3 28 5. A health care provider shall assign a report tracking
3 29 number which enables the health care provider to access the
3 30 patient's medical information without identifying the patient.
3 31 6. To ensure proper performance of the reporting
3 32 requirements under this section, it is preferred that a health
3 33 care provider who practices within a hospital, clinic, or
3 34 other health facility authorize one staff person to fulfill
3 35 the reporting requirements.
4 1 7. For the purposes of this section, "health care
4 2 provider" means an individual licensed under chapter 148,
4 3 148C, 148D, 150, 150A, or 152, or any individual who provides
4 4 medical services under the authorization of the licensee.
4 5 8. For the purposes of this section, "inducing a
4 6 termination of pregnancy" means the use of any means to
4 7 terminate the pregnancy of a woman known to be pregnant with
4 8 the intent other than to produce a live birth or to remove a
4 9 dead fetus.
4 10 9. For the purposes of this section, "spontaneous
4 11 termination of pregnancy" means the occurrence of an
4 12 unintended termination of pregnancy at any time during the
4 13 period from conception to twenty weeks gestation and which is
4 14 not a spontaneous termination of pregnancy at any time during
4 15 the period from twenty weeks or greater which is reported to
4 16 the department as a fetal death under this chapter.
4 17 Sec. 2. Section 144.52, Code 1997, is amended by adding
4 18 the following new subsection:
4 19 NEW SUBSECTION. 7. Knowingly violates a provision of
4 20 section 144.29A.
4 21
4 22
4 23
4 24 MARY E. KRAMER
4 25 President of the Senate
4 26
4 27
4 28
4 29 RON J. CORBETT
4 30 Speaker of the House
4 31
4 32 I hereby certify that this bill originated in the Senate and
4 33 is known as Senate File 128, Seventy-seventh General Assembly.
4 34
4 35
5 1
5 2 MARY PAT GUNDERSON
5 3 Secretary of the Senate
5 4 Approved , 1997
5 5
5 6
5 7
5 8 TERRY E. BRANSTAD
5 9 Governor
Text: SF00127 Text: SF00129 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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