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House Journal: Page 1280: Wednesday, April 16, 1997

 2   disclosure of the information by federal public health
 3   officials in a manner which violates this section.
 4   The department shall publish, annually, a demographic
 5   summary of the information obtained pursuant to this
 6   section, except that the department shall not
 7   reproduce, release, or disclose any information
 8   obtained pursuant to this section which reveals the
 9   identity of any patient, health care provider,
10   hospital, clinic, or other health facility, and shall
11   ensure anonymity in the following ways:
12     a.  The department may use information concerning
13   the report tracking number or concerning the identity
14   of a reporting health care provider, hospital, clinic,
15   or other health facility only for purposes of
16   information collection.  The department shall not
17   reproduce, release, or disclose this information for
18   any purpose other than for use in annually publishing
19   the demographic summary under this section.
20     b.  The department shall enter the information,
21   from any report of termination submitted, within
22   thirty days of receipt of the report, and shall
23   immediately destroy the report following entry of the
24   information.  However, entry of the information from a
25   report shall not include any health care provider,
26   hospital, clinic, or other health facility
27   identification information including, but not limited
28   to, the confidential health care provider code, as
29   assigned by the department.
30     c.  To protect confidentiality, the department
31   shall limit release of information to release in an
32   aggregate form which avoids identification of any
33   individual patient, health care provider, hospital,
34   clinic, or other health facility.  For the purposes of
35   this paragraph, "aggregate form" means a compilation
36   of the information received by the department on
37   termination of pregnancies for each information item
38   listed, with the exceptions of the report tracking
39   number, the health care provider code, and any set of
40   information for which the amount is so small that the
41   confidentiality of any person to whom the information
42   relates may be compromised.  The department shall
43   establish a methodology to provide a statistically
44   verifiable basis for any determination of the correct
45   amount at which information may be released so that
46   the confidentiality of any person is not compromised.
47     3.  Except as specified in subsection 2, reports,
48   information, and records submitted and maintained
49   pursuant to this section are strictly confidential and
50   shall not be released or made public upon subpoena,

Page 3

 1   search warrant, discovery proceedings, or by any other

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