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House Amendment 1392

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 HEALTH-RELATED
  1  7 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 or who
  1 11 prescribes viagra shall file with the department a
  1 12 report for each termination or each prescription
  1 13 within thirty days of the occurrence.  The health care
  1 14 provider shall make a good faith effort to obtain all
  1 15 of the following information that is available with
  1 16 respect to each termination or prescription, as
  1 17 appropriate:
  1 18    a.  The confidential health care provider code as
  1 19 assigned 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 23 1, 1997, 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
  1 29 births, and spontaneous or induced terminations of
  1 30 pregnancies or the number of previous prescriptions of
  1 31 viagra.
  1 32    i.  The month and year in which the termination
  1 33 occurred or in which viagra was prescribed.
  1 34    j.  The number of weeks since the patient's last
  1 35 menstrual period and a clinical estimate of gestation.
  1 36    2.  It is the intent of the general assembly that
  1 37 the information shall be collected, reproduced,
  1 38 released, and disclosed in a manner specified by rule
  1 39 of the department, adopted pursuant to chapter 17A,
  1 40 which ensures the anonymity of the patient who
  1 41 experiences a termination of pregnancy, the health
  1 42 care provider who identifies and diagnoses or induces
  1 43 a termination of pregnancy or who prescribed viagra,
  1 44 and the hospital, clinic, or other health facility in
  1 45 which a termination of pregnancy is identified and
  1 46 diagnosed or induced or in which the viagra
  1 47 prescription is provided.  The department may share
  1 48 information with federal public health officials for
  1 49 the purposes of securing federal funding or conducting
  1 50 public health research.  However, in sharing the
  2  1 information, the department shall not relinquish
  2  2 control of the information, and any agreement entered
  2  3 into by the department with federal public health
  2  4 officials to share information shall prohibit the use,
  2  5 reproduction, release, or disclosure of the
  2  6 information by federal public health officials in a
  2  7 manner which violates this section.  The department
  2  8 shall publish, annually, a demographic summary of the
  2  9 information obtained pursuant to this section, except
  2 10 that the department shall not reproduce, release, or
  2 11 disclose any information obtained pursuant to this
  2 12 section which reveals the identity of any patient,
  2 13 health care provider, hospital, clinic, or other
  2 14 health facility, and shall ensure anonymity in the
  2 15 following ways:
  2 16    a.  The department may use information concerning
  2 17 the report tracking number or concerning the identity
  2 18 of a reporting health care provider, hospital, clinic,
  2 19 or other health facility only for purposes of
  2 20 information collection.  The department shall not
  2 21 reproduce, release, or disclose this information for
  2 22 any purpose other than for use in annually publishing
  2 23 the demographic summary under this section.
  2 24    b.  The department shall enter the information,
  2 25 from any report of termination submitted, within
  2 26 thirty days of receipt of the report, and shall
  2 27 immediately destroy the report following entry of the
  2 28 information.  However, entry of the information from a
  2 29 report shall not include any health care provider,
  2 30 hospital, clinic, or other health facility
  2 31 identification information including, but not limited
  2 32 to, the confidential health care provider code, as
  2 33 assigned by the department.
  2 34    c.  To protect confidentiality, the department
  2 35 shall limit release of information to release in an
  2 36 aggregate form which prevents identification of any
  2 37 individual patient, health care provider, hospital,
  2 38 clinic, or other health facility.  For the purposes of
  2 39 this paragraph, "aggregate form" means a compilation
  2 40 of the information received by the department on
  2 41 termination of pregnancies for each information item
  2 42 listed, with the exceptions of the report tracking
  2 43 number, the health care provider code, and any set of
  2 44 information for which the amount is so small that the
  2 45 confidentiality of any person to whom the information
  2 46 relates may be compromised.  The department shall
  2 47 establish a methodology to provide a statistically
  2 48 verifiable basis for any determination of the correct
  2 49 amount at which information may be released so that
  2 50 the confidentiality of any person is not compromised.
  3  1    3.  Except as specified in subsection 2, reports,
  3  2 information, and records submitted and maintained
  3  3 pursuant to this section are strictly confidential and
  3  4 shall not be released or made public upon subpoena,
  3  5 search warrant, discovery proceedings, or by any other
  3  6 means.
  3  7    4.  The department shall assign a code to any
  3  8 health care provider who may be required to report a
  3  9 termination under this section.  An application
  3 10 procedure shall not be required for assignment of a
  3 11 code to a health care provider.
  3 12    5.  A health care provider shall assign a report
  3 13 tracking number which enables the health care provider
  3 14 to access the patient's medical information without
  3 15 identifying the patient.
  3 16    6.  To ensure proper performance of the reporting
  3 17 requirements under this section, it is preferred that
  3 18 a health care provider who practices within a
  3 19 hospital, clinic, or other health facility authorize
  3 20 one staff person to fulfill the reporting
  3 21 requirements.
  3 22    7.  For the purposes of this section, "health care
  3 23 provider" means an individual licensed under chapter
  3 24 148, 148C, 148D, 150, 150A, or 152, or any individual
  3 25 who provides medical services under the authorization
  3 26 of the licensee.
  3 27    8.  For the purposes of this section, "inducing a
  3 28 termination of pregnancy" means the use of any means
  3 29 to terminate the pregnancy of a woman known to be
  3 30 pregnant with the intent other than to produce a live
  3 31 birth or to remove a dead fetus.
  3 32    9.  For the purposes of this section, "spontaneous
  3 33 termination of pregnancy" means the occurrence of an
  3 34 unintended termination of pregnancy at any time during
  3 35 the period from conception to twenty weeks gestation
  3 36 and which is not a spontaneous termination of
  3 37 pregnancy at any time during the period from twenty
  3 38 weeks or greater which is reported to the department
  3 39 as a fetal death under this chapter."
  3 40    #2.  Title page, line 1, by inserting after the
  3 41 word "in" the following:  "health-related reporting
  3 42 including".  
  3 43 
  3 44 
  3 45                               
  3 46 HATCH of Polk
  3 47 HF 116.305 79
  3 48 pf/cf
     

Text: H01391                            Text: H01393
Text: H01300 - H01399                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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