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House Amendment 1179

Amendment Text

PAG LIN
  1  1    Amend House File 116, as follows:
  1  2    #1.  Page 1, by striking lines 1 through 14, and
  1  3 inserting the following:
  1  4    "Section 1.  Section 144.29A, Code 2001, is amended
  1  5 to read as follows:
  1  6    144.29A  TERMINATION OF PREGNANCY SURGICAL
  1  7 PROCEDURE REPORTING.
  1  8    1.  A health care provider who initially identifies
  1  9 and diagnoses a spontaneous termination of pregnancy,
  1 10 or who induces a termination of pregnancy, performs
  1 11 vasectomies, vasectomy reversals, penile implants, or
  1 12 cosmetic surgery shall file with the department a
  1 13 report for each termination, vasectomy, vasectomy
  1 14 reversal, penile implant, or cosmetic surgery
  1 15 procedure within thirty days of the occurrence.  The
  1 16 health care provider shall make a good faith effort to
  1 17 obtain all of the following information that is
  1 18 available with respect to each termination specified
  1 19 procedure performed as applicable to the procedure:
  1 20    a.  The confidential health care provider code as
  1 21 assigned by the department.
  1 22    b.  The report tracking number.
  1 23    c.  The maternal health services region of the Iowa
  1 24 department of public health, as designated as of July
  1 25 1, 1997, in which the patient resides.
  1 26    d.  The race of the patient.
  1 27    e.  The age of the patient.
  1 28    f.  The marital status of the patient.
  1 29    g.  The educational level of the patient.
  1 30    h.  The number of previous pregnancies, live
  1 31 births, and spontaneous or induced terminations of
  1 32 pregnancies, vasectomies, penile implants, or cosmetic
  1 33 surgeries.
  1 34    i.  The month and year in which the termination
  1 35 procedure occurred.
  1 36    j.  The number of weeks since the patient's last
  1 37 menstrual period and a clinical estimate of gestation,
  1 38 if applicable.
  1 39    k.  The results of any tests performed for sexually
  1 40 transmitted infections prior to the performance of a
  1 41 vasectomy or vasectomy reversal.
  1 42    2.  It is the intent of the general assembly that
  1 43 the information shall be collected, reproduced,
  1 44 released, and disclosed in a manner specified by rule
  1 45 of the department, adopted pursuant to chapter 17A,
  1 46 which ensures the anonymity of the patient who
  1 47 experiences a termination of pregnancy, vasectomy,
  1 48 vasectomy reversal, penile implant, or cosmetic
  1 49 surgery procedures the health care provider who
  1 50 identifies and diagnoses or induces a termination of
  2  1 pregnancy, or performs the vasectomy, vasectomy
  2  2 reversal, penile implant, or cosmetic surgery
  2  3 procedure and the hospital, clinic, or other health
  2  4 facility in which a termination of pregnancy is
  2  5 identified and diagnosed or induced or in which a
  2  6 vasectomy, vasectomy reversal, penile implant, or
  2  7 cosmetic surgery procedure is performed.  The
  2  8 department may share information with federal public
  2  9 health officials for the purposes of securing federal
  2 10 funding or conducting public health research.
  2 11 However, in sharing the information, the department
  2 12 shall not relinquish control of the information, and
  2 13 any agreement entered into by the department with
  2 14 federal public health officials to share information
  2 15 shall prohibit the use, reproduction, release, or
  2 16 disclosure of the information by federal public health
  2 17 officials in a manner which violates this section.
  2 18 The department shall publish, annually, a demographic
  2 19 summary of the information obtained pursuant to this
  2 20 section, except that the department shall not
  2 21 reproduce, release, or disclose any information
  2 22 obtained pursuant to this section which reveals the
  2 23 identity of any patient, health care provider,
  2 24 hospital, clinic, or other health facility, and shall
  2 25 ensure anonymity in the following ways:
  2 26    a.  The department may use information concerning
  2 27 the report tracking number or concerning the identity
  2 28 of a reporting health care provider, hospital, clinic,
  2 29 or other health facility only for purposes of
  2 30 information collection.  The department shall not
  2 31 reproduce, release, or disclose this information for
  2 32 any purpose other than for use in annually publishing
  2 33 the demographic summary under this section.
  2 34    b.  The department shall enter the information,
  2 35 from any report of termination, vasectomy, vasectomy
  2 36 reversal, penile implant, or cosmetic surgery
  2 37 procedure submitted, within thirty days of receipt of
  2 38 the report, and shall immediately destroy the report
  2 39 following entry of the information.  However, entry of
  2 40 the information from a report shall not include any
  2 41 health care provider, hospital, clinic, or other
  2 42 health facility identification information including,
  2 43 but not limited to, the confidential health care
  2 44 provider code, as assigned by the department.
  2 45    c.  To protect confidentiality, the department
  2 46 shall limit release of information to release in an
  2 47 aggregate form which prevents identification of any
  2 48 individual patient, health care provider, hospital,
  2 49 clinic, or other health facility.  For the purposes of
  2 50 this paragraph, "aggregate form" means a compilation
  3  1 of the information received by the department on
  3  2 termination of pregnancies, vasectomies, vasectomy
  3  3 reversals, penile implants, and cosmetic surgery
  3  4 procedures for each information item listed, with the
  3  5 exceptions of the report tracking number, the health
  3  6 care provider code, and any set of information for
  3  7 which the amount is so small that the confidentiality
  3  8 of any person to whom the information relates may be
  3  9 compromised.  The department shall establish a
  3 10 methodology to provide a statistically verifiable
  3 11 basis for any determination of the correct amount at
  3 12 which information may be released so that the
  3 13 confidentiality of any person is not compromised.
  3 14    3.  Except as specified in subsection 2, reports,
  3 15 information, and records submitted and maintained
  3 16 pursuant to this section are strictly confidential and
  3 17 shall not be released or made public upon subpoena,
  3 18 search warrant, discovery proceedings, or by any other
  3 19 means.
  3 20    4.  The department shall assign a code to any
  3 21 health care provider who may be required to report a
  3 22 termination, vasectomy, vasectomy reversal, penile
  3 23 implant, or cosmetic surgery procedure under this
  3 24 section.  An application procedure shall not be
  3 25 required for assignment of a code to a health care
  3 26 provider.
  3 27    5.  A health care provider shall assign a report
  3 28 tracking number which enables the health care provider
  3 29 to access the patient's medical information without
  3 30 identifying the patient.
  3 31    6.  To ensure proper performance of the reporting
  3 32 requirements under this section, it is preferred that
  3 33 a health care provider who practices within a
  3 34 hospital, clinic, or other health facility authorize
  3 35 one staff person to fulfill the reporting
  3 36 requirements.
  3 37    7.  For the purposes of this section, "health care
  3 38 provider" means an individual licensed under chapter
  3 39 148, 148C, 148D, 150, 150A, or 152, or any individual
  3 40 who provides medical services under the authorization
  3 41 of the licensee.
  3 42    8.  For the purposes of this section, "inducing a
  3 43 termination of pregnancy" means the use of any means
  3 44 to terminate the pregnancy of a woman known to be
  3 45 pregnant with the intent other than to produce a live
  3 46 birth or to remove a dead fetus.
  3 47    9.  For the purposes of this section, "spontaneous
  3 48 termination of pregnancy" means the occurrence of an
  3 49 unintended termination of pregnancy at any time during
  3 50 the period from conception to twenty weeks gestation
  4  1 and which is not a spontaneous termination of
  4  2 pregnancy at any time during the period from twenty
  4  3 weeks or greater which is reported to the department
  4  4 as a fetal death under this chapter."
  4  5    #2.  Title page, lines 1 and 2, by striking the
  4  6 words "termination of pregnancy" and inserting the
  4  7 following:  "surgical procedures".  
  4  8 
  4  9 
  4 10                               
  4 11 MASCHER of Johnson
  4 12 HF 116.505 79
  4 13 pf/pj
     

Text: H01178                            Text: H01180
Text: H01100 - H01199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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