Text: H01413                            Text: H01415
Text: H01400 - H01499                   Text: H Index
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House Amendment 1414

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 initially identifies or diagnoses an incidence of a
  1 12 sports-related injury sustained during kindergarten
  1 13 through grade twelve curricular or extracurricular
  1 14 athletic activities shall file with the department a
  1 15 report for each termination incidence within thirty
  1 16 days of the occurrence.  The health care provider
  1 17 shall make a good faith effort to obtain all of the
  1 18 following information that is available with respect
  1 19 to each termination incidence, as applicable:
  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 or the number of previous incidences of
  1 33 sports-related injuries sustained during kindergarten
  1 34 through grade twelve curricular or extracurricular
  1 35 athletic activities identified or diagnosed.
  1 36    i.  The month and year in which the termination
  1 37 occurred or in which the incidence of sports-related
  1 38 injuries sustained during kindergarten through grade
  1 39 twelve curricular or extracurricular athletic
  1 40 activities was identified or diagnosed.
  1 41    j.  The number of weeks since the patient's last
  1 42 menstrual period and a clinical estimate of gestation.
  1 43    2.  It is the intent of the general assembly that
  1 44 the information shall be collected, reproduced,
  1 45 released, and disclosed in a manner specified by rule
  1 46 of the department, adopted pursuant to chapter 17A,
  1 47 which ensures the anonymity of the patient who
  1 48 experiences a termination of pregnancy, the health
  1 49 care provider who identifies and diagnoses or induces
  1 50 a termination of pregnancy or who identifies or
  2  1 diagnoses an incidence of sports-related injury
  2  2 sustained during kindergarten through grade twelve
  2  3 curricular or extracurricular athletic activities, and
  2  4 the hospital, clinic, or other health facility in
  2  5 which a termination of pregnancy is identified and
  2  6 diagnosed or induced or in which the incidence of
  2  7 sports-related injury sustained during kindergarten
  2  8 through grade twelve curricular or extracurricular
  2  9 athletic activities was identified or diagnosed.  The
  2 10 department may share information with federal public
  2 11 health officials for the purposes of securing federal
  2 12 funding or conducting public health research.
  2 13 However, in sharing the information, the department
  2 14 shall not relinquish control of the information, and
  2 15 any agreement entered into by the department with
  2 16 federal public health officials to share information
  2 17 shall prohibit the use, reproduction, release, or
  2 18 disclosure of the information by federal public health
  2 19 officials in a manner which violates this section.
  2 20 The department shall publish, annually, a demographic
  2 21 summary of the information obtained pursuant to this
  2 22 section, except that the department shall not
  2 23 reproduce, release, or disclose any information
  2 24 obtained pursuant to this section which reveals the
  2 25 identity of any patient, health care provider,
  2 26 hospital, clinic, or other health facility, and shall
  2 27 ensure anonymity in the following ways:
  2 28    a.  The department may use information concerning
  2 29 the report tracking number or concerning the identity
  2 30 of a reporting health care provider, hospital, clinic,
  2 31 or other health facility only for purposes of
  2 32 information collection.  The department shall not
  2 33 reproduce, release, or disclose this information for
  2 34 any purpose other than for use in annually publishing
  2 35 the demographic summary under this section.
  2 36    b.  The department shall enter the information,
  2 37 from any report of termination submitted, within
  2 38 thirty days of receipt of the report, and shall
  2 39 immediately destroy the report following entry of the
  2 40 information.  However, entry of the information from a
  2 41 report shall not include any health care provider,
  2 42 hospital, clinic, or other health facility
  2 43 identification information including, but not limited
  2 44 to, the confidential health care provider code, as
  2 45 assigned by the department.
  2 46    c.  To protect confidentiality, the department
  2 47 shall limit release of information to release in an
  2 48 aggregate form which prevents identification of any
  2 49 individual patient, health care provider, hospital,
  2 50 clinic, or other health facility.  For the purposes of
  3  1 this paragraph, "aggregate form" means a compilation
  3  2 of the information received by the department on
  3  3 termination of pregnancies for each information item
  3  4 listed, with the exceptions of the report tracking
  3  5 number, the health care provider code, and any set of
  3  6 information for which the amount is so small that the
  3  7 confidentiality of any person to whom the information
  3  8 relates may be compromised.  The department shall
  3  9 establish a methodology to provide a statistically
  3 10 verifiable basis for any determination of the correct
  3 11 amount at which information may be released so that
  3 12 the confidentiality of any person is not compromised.
  3 13    3.  Except as specified in subsection 2, reports,
  3 14 information, and records submitted and maintained
  3 15 pursuant to this section are strictly confidential and
  3 16 shall not be released or made public upon subpoena,
  3 17 search warrant, discovery proceedings, or by any other
  3 18 means.
  3 19    4.  The department shall assign a code to any
  3 20 health care provider who may be required to report a
  3 21 termination under this section.  An application
  3 22 procedure shall not be required for assignment of a
  3 23 code to a health care provider.
  3 24    5.  A health care provider shall assign a report
  3 25 tracking number which enables the health care provider
  3 26 to access the patient's medical information without
  3 27 identifying the patient.
  3 28    6.  To ensure proper performance of the reporting
  3 29 requirements under this section, it is preferred that
  3 30 a health care provider who practices within a
  3 31 hospital, clinic, or other health facility authorize
  3 32 one staff person to fulfill the reporting
  3 33 requirements.
  3 34    7.  For the purposes of this section, "health care
  3 35 provider" means an individual licensed under chapter
  3 36 148, 148C, 148D, 150, 150A, or 152, or any individual
  3 37 who provides medical services under the authorization
  3 38 of the licensee.
  3 39    8.  For the purposes of this section, "inducing a
  3 40 termination of pregnancy" means the use of any means
  3 41 to terminate the pregnancy of a woman known to be
  3 42 pregnant with the intent other than to produce a live
  3 43 birth or to remove a dead fetus.
  3 44    9.  For the purposes of this section, "spontaneous
  3 45 termination of pregnancy" means the occurrence of an
  3 46 unintended termination of pregnancy at any time during
  3 47 the period from conception to twenty weeks gestation
  3 48 and which is not a spontaneous termination of
  3 49 pregnancy at any time during the period from twenty
  3 50 weeks or greater which is reported to the department
  4  1 as a fetal death under this chapter."
  4  2    #2.  Title page, line 1, by inserting after the
  4  3 word "in" the following:  "health-related reporting
  4  4 including".  
  4  5 
  4  6 
  4  7                               
  4  8 ATTEBERRY of Delaware 
  4  9 HF 116.714 79
  4 10 pf/cls
     

Text: H01413                            Text: H01415
Text: H01400 - H01499                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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