Senate
File
508
-
Introduced
SENATE
FILE
508
BY
CHAPMAN
A
BILL
FOR
An
Act
relating
to
abortion
information
and
data,
including
1
a
public
dashboard
and
public
awareness
measures,
and
2
providing
civil
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
FINDINGS
AND
INTENT.
1
1.
The
general
assembly
finds
all
of
the
following:
2
a.
That,
as
stated
in
Planned
Parenthood
of
Southeastern
3
Pennsylvania
v.
Casey,
505
U.S.
833,
846
(1992),
“[t]he
State
4
has
legitimate
interests
from
the
outset
of
the
pregnancy
in
5
protecting
the
health
of
the
woman”.
6
b.
Specifically,
as
stated
in
Akron
v.
Akron
Ctr.
for
7
Reproductive
Health,
Inc.
462
U.S.
416,
428-429
(1983),
“...
8
a
State
has
a
legitimate
concern
with
the
health
of
women
who
9
undergo
abortions...”
10
c.
Abortion
is
an
invasive,
surgical
procedure
that
can
11
cause
severe
physical
and
psychological,
both
short-term
and
12
long-term,
complications
for
women,
including
but
not
limited
13
to:
uterine
perforation,
cervical
perforation,
infection,
14
bleeding,
hemorrhage,
blood
clots,
failure
to
terminate
the
15
pregnancy,
incomplete
abortion
(retained
tissue),
pelvic
16
inflammatory
disease,
endometritis,
missed
ectopic
pregnancy,
17
cardiac
arrest,
respiratory
arrest,
renal
failure,
metabolic
18
disorder,
shock,
embolism,
coma,
placenta
previa
in
subsequent
19
pregnancies,
preterm
delivery
in
subsequent
pregnancies,
free
20
fluid
in
the
abdomen,
adverse
reactions
to
anesthesia
and
21
other
drugs,
an
increased
risk
for
developing
breast
cancer,
22
psychological
or
emotional
complications
such
as
depression,
23
suicidal
ideation,
anxiety,
sleeping
disorders,
and
death.
24
d.
To
facilitate
reliable
scientific
studies
and
research
25
on
the
safety
and
efficacy
of
abortion,
it
is
essential
that
26
the
medical
and
public
health
communities
have
access
to
27
accurate
information
both
on
the
abortion
procedure
and
on
28
complications
resulting
from
abortion.
29
e.
As
stated
in
Planned
Parenthood
of
Central
Missouri
v.
30
Danforth,
428
U.S.
52,
80
(1976),
“Recordkeeping
and
reporting
31
requirements
that
are
reasonably
directed
to
the
preservation
32
of
maternal
health
and
that
properly
respect
a
patient’s
33
confidentiality
and
privacy
are
permissible”.
34
f.
Abortion
and
complication
reporting
provisions
do
not
35
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impose
an
“undue
burden”
on
a
woman’s
right
to
choose
whether
1
or
not
to
terminate
a
pregnancy.
Specifically,
as
stated
in
2
Planned
Parenthood
of
Southeastern
Pennsylvania
v.
Casey,
3
505
U.S.
833,
900-901
(1992),
“The
collection
of
information
4
with
respect
to
actual
patients
is
a
vital
element
of
medical
5
research,
and
so
it
cannot
be
said
that
the
requirements
serve
6
no
purpose
other
than
to
make
abortions
more
difficult”.
7
g.
To
promote
its
interest
in
maternal
health
and
life,
the
8
state
of
Iowa
maintains
an
interest
in
all
of
the
following:
9
(1)
Collecting
certain
demographic
information
on
all
10
abortions
performed
in
the
state.
11
(2)
Collecting
information
on
all
complications
from
all
12
abortions
performed
in
the
state.
13
(3)
Compiling
statistical
reports
based
on
abortion
14
complication
information
collected
pursuant
to
this
Act
for
15
future
scientific
studies
and
public
health
research.
16
2.
Based
on
the
findings
in
subsection
1,
it
is
the
intent
17
of
this
Act
to
promote
the
health
and
safety
of
women
by
18
increasing
medical
and
public
health
knowledge
through
the
19
compilation
of
relevant
information
on
all
abortions
performed
20
in
the
state,
as
well
as
on
all
medical
complications
and
21
maternal
deaths
resulting
from
these
abortions.
22
Sec.
2.
NEW
SECTION
.
146E.1
Definitions.
23
For
the
purposes
of
this
chapter,
unless
the
context
24
otherwise
requires:
25
1.
“Abortion”
means
the
act
of
using
or
prescribing
any
26
instrument,
medicine,
drug,
or
any
other
substance,
device,
or
27
means
with
the
intent
to
terminate
the
clinically
diagnosable
28
pregnancy
of
a
woman
with
knowledge
that
the
termination
by
29
those
means
will,
with
reasonable
likelihood,
cause
the
death
30
of
the
unborn
child.
Such
use,
prescription,
or
means
is
31
not
an
abortion
if
done
with
the
intent
to
save
the
life
or
32
preserve
the
health
of
an
unborn
child,
remove
a
dead
unborn
33
child
caused
by
spontaneous
abortion,
or
remove
an
ectopic
34
pregnancy.
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2.
“Born-alive”
means
the
complete
expulsion
or
extraction
1
from
the
woman
of
a
human
infant,
at
any
stage
of
development,
2
who,
after
such
expulsion
or
extraction,
breathes,
has
a
3
beating
heart,
or
has
definite
movement
of
voluntary
muscles,
4
regardless
of
whether
the
umbilical
cord
has
been
cut
and
5
regardless
of
whether
the
expulsion
or
extraction
was
the
6
result
of
natural
or
induced
labor,
cesarean
birth,
induced
7
abortion,
or
other
method.
8
3.
“Complication”
means
any
adverse
physical
or
9
psychological
condition
arising
from
inducing
or
performing
an
10
abortion.
11
4.
“Department”
means
the
department
of
public
health.
12
5.
“Gestational
age
or
probable
gestational
age”
means
the
13
age
of
the
unborn
child
as
calculated
from
the
first
day
of
the
14
last
menstrual
period
of
the
pregnant
woman.
15
6.
“Health
care
provider”
means
an
individual
licensed
under
16
chapter
148,
148C,
148D,
or
152,
or
any
individual
who
provides
17
medical
services
under
the
authorization
of
the
licensee.
18
7.
“Hospital”
means
the
same
as
defined
in
section
135B.1.
19
8.
“Medical
facility”
means
the
same
as
defined
in
section
20
146B.1.
21
9.
“Physician”
means
a
person
licensed
under
chapter
148
22
to
practice
medicine
and
surgery
or
osteopathic
medicine
and
23
surgery
in
this
state.
24
10.
“Pregnant”
means
the
female
reproductive
condition
of
25
having
an
unborn
child
in
the
woman’s
uterus.
26
11.
“Unborn
child”
means
the
same
as
defined
in
section
27
146B.1.
28
Sec.
3.
NEW
SECTION
.
146E.2
Abortion
reporting
requirements
29
——
physicians.
30
1.
A
physician
who
performs
an
abortion
shall
file
with
31
the
department
a
report
that
includes
all
of
the
following
32
information
with
respect
to
each
abortion
and
each
woman
upon
33
whom
an
abortion
is
performed:
34
a.
The
date
of
each
abortion.
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b.
The
procedure
used.
1
c.
The
gestational
age
or
probable
gestational
age
of
the
2
unborn
child.
3
d.
The
age
of
the
woman.
4
e.
The
race
and
ethnicity
of
the
woman.
5
f.
The
gender
of
the
unborn
child,
if
known.
6
g.
The
woman’s
county
of
residence,
if
in
this
state;
the
7
woman’s
state
of
residence,
if
not
this
state;
or,
if
the
woman
8
is
not
a
citizen
of
the
United
States,
the
woman’s
country
of
9
origin.
10
h.
The
woman’s
level
of
education.
11
i.
Whether
the
father
by
operation
of
law
or
the
putative
12
father
of
the
unborn
child,
if
known,
was
notified
of
the
13
abortion
prior
to
the
performance
of
the
abortion;
and
whether
14
the
woman
refused
to
disclose
whether
such
father
or
putative
15
father,
if
known,
was
notified
of
the
abortion
prior
to
the
16
performance
of
the
abortion.
17
j.
The
woman’s
marital
status
and
whether
the
woman
refused
18
to
provide
her
marital
status.
19
k.
Whether
the
woman,
prior
to
seeking
an
abortion,
received
20
all
of
the
following:
21
(1)
Any
state-mandated
informed
consent
counseling
for
22
abortions.
23
(2)
Any
verbal
or
written
counseling
related
to
the
risks
24
and
complications
of
abortion.
25
(3)
Any
information
related
to
alternatives
to
abortion.
26
(4)
An
ultrasound
imaging
of
the
unborn
child.
27
l.
The
specific
reasons
for
the
abortion,
including
but
not
28
limited
to
the
following:
29
(1)
Whether
the
pregnancy
was
the
result
of
rape
or
incest.
30
(2)
Economic
reasons.
31
(3)
Whether
the
woman
does
not
want
the
child
at
the
present
32
time.
33
(4)
Whether
the
woman’s
physical
health
is
endangered
34
and
the
specific
reason
her
physical
health
is
endangered,
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including
any
preexisting
condition.
1
(5)
Whether
the
woman’s
psychological,
mental,
or
emotional
2
health
is
endangered
and
the
specific
reason
her
psychological,
3
mental,
or
emotional
health
is
endangered,
including
any
4
preexisting
condition.
5
(6)
Whether
the
woman
will
suffer
substantial
and
6
irreversible
impairment
of
a
major
bodily
function
if
the
7
pregnancy
continues,
specifically
identifying
the
potential
8
impairment.
9
(7)
The
actual
or
presumed
gender
of
the
child.
10
(8)
The
diagnosis,
presence,
or
presumed
presence
of
a
11
genetic
anomaly,
specifically
identifying
the
anomaly.
12
m.
Whether
the
woman
refused
to
provide
a
reason
for
the
13
abortion
under
paragraph
“l”
.
14
n.
The
number
of
the
woman’s
prior
pregnancies,
live
births,
15
spontaneous
terminations
of
pregnancy,
and
abortions.
16
o.
Whether
the
abortion
was
paid
for
by
any
of
the
17
following:
18
(1)
Private
health
insurance.
19
(2)
Public
health
insurance
including
Medicaid.
20
(3)
Self-pay,
including
not
being
billed
to
or
paid
for
21
through
insurance.
22
p.
Complications,
if
any,
from
the
abortion,
including
if
23
the
abortion
resulted
in
death.
24
q.
If
a
drug-induced
abortion
was
accomplished
using
25
telemedicine,
the
medical
facility
code
of
the
location
the
26
woman
used
and
the
medical
facility
code
of
the
physician
27
prescribing,
dispensing,
or
otherwise
providing
the
28
abortion-inducing
drug.
29
r.
If
the
abortion
resulted
in
a
born-alive
infant,
all
of
30
the
following:
31
(1)
What
medical
actions
were
taken
to
preserve
the
life
of
32
the
infant.
33
(2)
Whether
the
infant
survived.
34
(3)
If
the
infant
survived,
the
status
of
the
infant,
if
35
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known.
1
s.
The
medical
specialty
of
the
physician
performing
the
2
abortion.
3
t.
Whether
the
woman
took
possession
of
the
tissue
and
4
remains
resulting
from
the
abortion
in
order
to
conduct
a
5
proper
burial.
6
2.
a.
A
physician
shall
report
the
required
information
on
7
forms
provided
and
in
accordance
with
section
146E.4.
8
b.
A
physician
may
submit
completed
reports
to
the
9
department
on
a
weekly
basis,
but
shall
submit
completed
10
reports
for
the
entire
preceding
month
no
later
than
11:59
p.m.
11
on
the
first
day
of
the
subsequent
month.
12
Sec.
4.
NEW
SECTION
.
146E.3
Abortion
complications
——
13
reporting
requirements.
14
1.
A
hospital,
medical
facility,
or
health
care
provider
who
15
provides
care
to
a
woman
who
reports
any
complication,
requires
16
medical
treatment,
or
suffers
death
that
the
hospital,
medical
17
facility,
or
health
care
provider
has
reason
to
believe
is
a
18
primary,
secondary,
or
tertiary
result
of
an
abortion,
shall
19
file
a
written
report
with
the
department.
The
report
shall
20
be
completed
and
signed
by
the
hospital,
medical
facility,
21
or
health
care
provider
who
attended
the
woman
and
shall
be
22
transmitted
to
the
department
within
thirty
days
of
the
death
23
of
the
woman
or
of
discharge
of
the
woman
reporting
or
being
24
treated
for
the
complication.
The
reports
submitted
shall
25
comply
with
section
146E.4.
26
2.
Each
report
of
a
complication,
medical
treatment,
or
27
death
following
abortion
required
under
this
section
shall
28
contain,
at
a
minimum,
all
of
the
following
information:
29
a.
The
age
of
the
woman.
30
b.
The
race
and
ethnicity
of
the
woman.
31
c.
The
woman’s
county
of
residence,
if
in
this
state;
the
32
woman’s
state
of
residence,
if
not
this
state;
or,
if
the
woman
33
is
not
a
citizen
of
the
United
States,
the
woman’s
country
of
34
origin.
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d.
The
number
of
the
woman’s
prior
pregnancies,
live
births,
1
spontaneous
terminations
of
pregnancy,
and
abortions.
2
e.
The
date
the
abortion
was
performed,
as
well
as
the
3
reason
for
the
abortion
and
the
method
used,
if
known.
4
f.
Identification
of
the
physician
who
performed
the
5
abortion,
the
facility
where
the
abortion
was
performed,
and
6
the
referring
physician,
agency,
or
service,
if
any.
7
g.
The
specific
complication
that
led
to
the
treatment
8
or
death
including
but
not
limited
to
failure
to
actually
9
terminate
the
pregnancy,
missed
ectopic
pregnancy,
uterine
10
perforation,
cervical
perforation,
incomplete
abortion
11
(retained
tissue),
bleeding,
infection,
hemorrhage,
blood
12
clots,
cardiac
arrest,
respiratory
arrest,
pelvic
inflammatory
13
disease,
damage
to
pelvic
organs,
endometritis,
renal
failure,
14
metabolic
disorder,
shock,
embolism,
free
fluid
in
the
15
abdomen,
acute
abdomen,
adverse
reaction
to
anesthesia
or
16
other
drugs,
hemolytic
reaction
due
to
the
administration
17
of
ABO-incompatible
blood
or
blood
products,
hypoglycemia
18
where
the
onset
occurred
while
the
woman
was
being
cared
for
19
in
the
facility
where
the
abortion
was
performed,
physical
20
injury
associated
with
therapy
performed
in
the
facility
where
21
the
abortion
was
performed,
coma,
death,
and
psychological
22
or
emotional
complications
including
but
not
limited
to
23
depression,
suicidal
ideation,
anxiety,
and
sleep
disorders.
24
h.
The
amount
billed
for
the
costs
of
treatment
of
the
25
specific
complication,
including
whether
the
treatment
was
26
billed
to
public
health
insurance
including
Medicaid,
private
27
health
insurance,
self-pay
including
not
being
billed
to
28
private
health
insurance,
or
other
payment
source.
The
amount
29
billed
shall
include
charges
for
any
physician,
hospital,
30
emergency
room,
prescription
or
other
drugs,
laboratory
tests,
31
and
any
other
costs
for
the
treatment
rendered.
32
Sec.
5.
NEW
SECTION
.
146E.4
Forms
and
requirements
for
33
reporting
of
abortion-related
information.
34
1.
The
department
shall
assign
a
code
to
any
health
care
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provider,
hospital,
or
medical
facility
that
may
be
required
1
to
report
information
or
that
may
be
identified
under
section
2
146E.2
or
146E.3.
An
application
procedure
shall
not
be
3
required
for
assignment
of
a
code
to
a
health
care
provider,
4
hospital,
or
medical
facility.
5
2.
A
health
care
provider,
hospital,
or
medical
facility
6
shall
assign
a
report
tracking
number
to
each
report
which
7
enables
the
health
care
provider,
hospital,
or
medical
facility
8
to
access
the
woman’s
medical
information
without
identifying
9
the
woman.
10
3.
The
department
shall
develop
and
make
available
to
health
11
care
providers,
hospitals,
and
medical
facilities
reporting
12
forms
to
collect
the
required
information
under
section
146E.2
13
and
146E.3.
14
4.
The
information
collected
and
reported,
the
data
15
compiled
under
section
146E.2
and
146E.3,
and
the
reports
16
submitted
shall
comply
with
the
limitations
and
confidentiality
17
requirements
established
pursuant
to
section
144.29A.
18
Sec.
6.
NEW
SECTION
.
146E.5
Abortion
data
public
dashboard
19
——
declaration
of
abortion
pandemic
——
public
awareness
measures
20
——
reports.
21
1.
a.
The
department
shall
develop
a
public
dashboard
to
22
inform
the
public
on
a
monthly
basis
of
statewide
aggregate
23
data
compiled
based
on
the
information
included
in
reports
24
submitted
by
health
care
providers
under
this
chapter.
The
25
dashboard
shall
have
the
capacity
to
be
updated
on
a
weekly
26
basis.
27
b.
The
department
shall
maintain
and
update
the
dashboard
in
28
accordance
with
this
section.
29
c.
The
dashboard
shall
provide
statewide
aggregate
data,
30
which
shall
be
available
in
a
downloadable
format,
relating
to
31
all
of
the
following:
32
(1)
The
number
of
abortions
performed
during
the
prior
33
month.
34
(2)
A
running
total
of
the
number
of
abortions
performed
to
35
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date
in
the
current
calendar
year.
1
(3)
The
type
of
procedure
used
to
perform
the
abortion.
2
(4)
The
gestational
age
or
probable
gestational
age
of
the
3
unborn
child
in
weeks.
4
(5)
The
age
of
the
woman.
5
(6)
The
race
and
ethnicity
of
the
woman.
6
(7)
The
number
and
type
of
complications
resulting
from
the
7
abortions
performed
during
the
prior
month.
8
2.
a.
The
information
collected
and
reported
and
the
data
9
compiled
under
this
section
shall
comply
with
the
limitations
10
and
confidentiality
requirements
established
pursuant
to
11
section
144.29A.
12
b.
The
data
on
the
dashboard
shall
be
displayed
as
statewide
13
aggregate
data
for
the
current
calendar
year
only;
however,
14
the
dashboard
shall
have
the
capacity
to
allow
the
public
to
15
view
the
data
for
any
previous
year
for
which
such
data
is
16
available,
delineated
by
month.
17
c.
The
total
number
of
abortions
reported
to
date
shall
be
18
renewed
each
calendar
year,
annually,
on
January
1.
19
3.
The
department
shall
implement
the
dashboard
by
January
20
20,
2022,
health
care
providers
shall
report
the
required
21
information
beginning
February
1,
2022,
and
the
initial
display
22
of
dashboard
data
shall
be
made
available
to
the
public
no
23
later
than
11:59
p.m.
on
February
2,
2022.
24
4.
At
any
point
in
a
month,
if
the
number
of
reported
25
abortions
meets
or
exceeds
two
hundred,
the
circumstances
shall
26
constitute
an
abortion
pandemic
and
the
department
shall
issue
27
public
service
announcements
via
email,
radio,
television,
28
and
social
media
and
print
advertisements
to
educate
the
29
public
regarding
the
abortion
pandemic
and
the
alternatives
to
30
abortion
available
as
specified
in
section
146A.1.
The
public
31
service
announcements
shall
begin
no
later
than
five
days
32
following
the
date
on
which
the
number
of
abortions
reaches
the
33
threshold
specified
in
this
subsection
for
issuance
of
a
public
34
service
announcement
and
shall
continue
until
the
completion
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of
a
subsequent
calendar
month
in
which
the
number
of
reported
1
abortions
is
less
than
two
hundred
and
the
completion
of
any
2
two-week
period
in
which
the
number
of
reported
abortions
is
3
less
than
one
hundred.
4
5.
The
department
shall
summarize
aggregate
data
from
the
5
reports
required
under
this
chapter
and
shall
submit
the
data
6
to
the
centers
for
disease
control
and
prevention
of
the
United
7
States
department
of
health
and
human
services
for
the
purpose
8
of
inclusion
in
the
annual
vital
statistics
report.
9
6.
Notwithstanding
any
provision
of
law
to
the
contrary,
10
beginning
January
31,
2023,
and
annually
thereafter,
the
11
department
shall
provide
all
of
the
following
to
the
governor
12
and
to
the
senate
and
house
of
representatives
human
resources
13
standing
committees:
14
a.
A
report
of
each
information
metric
required
to
be
15
reported
by
physicians
under
section
146E.2
by
county
and
month
16
for
the
preceding
calendar
year.
17
b.
A
statistical
report
based
on
the
information
gathered
18
from
reports
of
the
complications
from
abortions
reported
19
pursuant
to
section
146E.3
for
the
preceding
calendar
year.
20
Sec.
7.
NEW
SECTION
.
146E.6
Penalties.
21
1.
A
health
care
provider
who
fails
to
report
the
22
information
required
under
section
146E.2
or
146E.3
in
a
23
timely
manner
is
subject
to
a
civil
penalty
of
one
thousand
24
dollars
for
a
first
violation,
two
thousand
dollars
for
a
25
second
violation,
four
thousand
dollars
for
a
third
violation,
26
ten
thousand
dollars
for
a
fourth
violation,
and
twenty
27
thousand
dollars
for
a
fifth
violation
and
for
each
subsequent
28
violation.
If
a
health
care
provider
becomes
aware
of
29
misreported
information,
the
health
care
provider
shall
submit
30
the
corrected
information
and
shall
not
be
subject
to
a
civil
31
penalty
if
the
error
was
not
intentional
or
reckless.
32
2.
A
physician
who
knowingly
or
intentionally
fails
to
33
report
the
information
required
under
section
146E.2
or
146E.3,
34
to
maintain
any
required
records,
or
to
report
the
information
35
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required
at
the
times
required
is
guilty
of
unprofessional
1
conduct
and
is
subject
to
licensee
discipline
pursuant
to
2
section
148.6.
3
3.
A
health
care
provider
who
knowingly
or
intentionally
4
fails
to
report
the
information
required
under
section
146E.2
5
or
146E.3,
to
maintain
any
required
records,
or
to
report
6
the
information
required
at
the
times
required
is
guilty
of
7
unprofessional
conduct
and
is
subject
to
licensee
discipline
8
in
accordance
with
the
licensing
discipline
provisions
of
the
9
appropriate
licensing
board.
10
Sec.
8.
Section
144.29A,
subsection
1,
paragraph
c,
Code
11
2021,
is
amended
by
striking
the
paragraph.
12
Sec.
9.
Section
144.29A,
subsection
2,
unnumbered
paragraph
13
1,
Code
2021,
is
amended
to
read
as
follows:
14
It
is
the
intent
of
the
general
assembly
that
the
information
15
shall
be
collected,
reproduced,
released,
and
disclosed
in
a
16
manner
specified
by
rule
of
the
department,
adopted
pursuant
17
to
chapter
17A
,
which
ensures
the
anonymity
of
the
patient
18
who
experiences
a
termination
of
pregnancy,
the
health
care
19
provider
who
identifies
and
diagnoses
or
induces
a
termination
20
of
pregnancy,
and
the
hospital,
clinic,
or
other
health
21
facility
in
which
a
termination
of
pregnancy
is
identified
and
22
diagnosed
or
induced.
The
department
shall
share
information
23
with
the
centers
for
disease
control
and
prevention
of
the
24
United
States
department
of
health
and
human
services
and
may
25
share
information
with
other
federal
public
health
officials
26
for
the
purposes
of
securing
federal
funding
or
conducting
27
public
health
research.
However,
in
sharing
the
information,
28
the
department
shall
not
relinquish
control
of
the
information,
29
and
any
agreement
entered
into
by
the
department
with
federal
30
public
health
officials
to
share
information
shall
prohibit
the
31
use,
reproduction,
release,
or
disclosure
of
the
information
32
by
federal
public
health
officials
in
a
manner
which
violates
33
this
section
.
The
department
shall
publish,
annually,
a
34
demographic
summary
of
the
information
obtained
pursuant
to
35
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this
section
,
except
that
the
department
shall
not
reproduce,
1
release,
or
disclose
any
information
obtained
pursuant
to
this
2
section
which
reveals
the
identity
of
any
patient,
health
care
3
provider,
hospital,
clinic,
or
other
health
facility,
and
shall
4
ensure
anonymity
in
the
following
ways:
5
Sec.
10.
CONSTRUCTION
AND
INTENT.
This
Act
shall
not
be
6
construed
as
creating
or
recognizing
a
right
to
an
abortion.
7
It
is
not
the
intent
of
this
Act
to
make
lawful
an
abortion
that
8
is
currently
unlawful.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
relates
to
abortion
information
and
data
including
13
a
public
dashboard
and
public
awareness
measures.
14
The
bill
includes
the
findings
and
intent
of
the
general
15
assembly
relating
to
abortion
reporting.
16
Under
the
bill,
a
physician
who
performs
an
abortion
shall
17
file
with
the
department
of
public
health
(DPH)
a
report
that
18
includes
specified
information
relating
to
the
abortion.
19
A
physician
may
submit
completed
reports
to
the
department
20
on
a
weekly
basis
but
shall
submit
completed
reports
for
the
21
entire
preceding
month
no
later
than
11:59
p.m.
on
the
first
22
day
of
the
subsequent
month.
23
A
hospital,
medical
facility,
or
health
care
provider
who
24
provides
care
to
a
woman
who
reports
any
complication,
requires
25
medical
treatment,
or
suffers
death
that
the
hospital,
medical
26
facility,
or
health
care
provider
has
reason
to
believe
is
a
27
primary,
secondary,
or
tertiary
result
of
an
abortion,
shall
28
file
a
written
report
with
DPH.
The
report
shall
be
completed
29
and
signed
by
the
hospital,
medical
facility,
or
health
care
30
provider
who
attended
the
woman
and
shall
be
transmitted
to
DPH
31
within
30
days
of
the
death
of
the
woman
or
of
discharge
of
the
32
woman
reporting
or
being
treated
for
complications.
The
bill
33
prescribes
the
information
to
be
included
in
the
report.
34
The
bill
requires
DPH
to
assign
a
code
to
any
health
care
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provider,
hospital,
or
medical
facility
that
may
be
required
1
to
report
information
or
that
may
be
identified
under
the
2
bill.
An
application
procedure
shall
not
be
required
for
3
assignment
of
a
code
to
a
health
care
provider,
hospital,
or
4
medical
facility.
A
health
care
provider,
hospital,
or
medical
5
facility
shall
assign
a
report
tracking
number
to
each
report
6
which
enables
the
health
care
provider,
hospital,
or
medical
7
facility
to
access
the
woman’s
medical
information
without
8
identifying
the
woman.
DPH
is
required
to
develop
and
make
9
available
to
health
care
providers,
hospitals,
and
medical
10
facilities
reporting
forms
to
collect
the
required
information,
11
and
the
information
collected
and
reported,
the
data
compiled,
12
and
the
reports
submitted
under
the
bill
shall
comply
with
13
the
limitations
and
confidentiality
requirements
pursuant
to
14
Code
section
144.29A
(termination
of
pregnancy
reporting
——
15
legislative
intent).
16
DPH
shall
develop
a
public
dashboard
to
inform
the
public
on
17
a
monthly
basis
of
statewide
aggregate
data
compiled
based
on
18
the
information
included
in
reports
submitted
by
health
care
19
providers,
hospitals,
and
medical
facilities
under
the
bill.
20
The
dashboard
shall
have
the
capacity
to
be
updated
on
a
weekly
21
basis.
22
The
dashboard
shall
provide
statewide
aggregate
data
23
relating
to
the
number
of
abortions
performed
during
the
prior
24
month,
a
running
total
of
the
number
of
abortions
performed
25
to
date
in
the
current
calendar
year,
the
type
of
procedure
26
used
to
perform
the
abortion,
the
gestational
age
or
probable
27
gestational
age
of
the
unborn
child
in
weeks,
the
age
of
28
the
woman,
and
the
race
and
ethnicity
of
the
woman,
and
the
29
number
and
type
of
complications
resulting
from
the
abortions
30
performed
during
the
prior
month.
The
information
collected
31
and
reported
and
the
data
compiled
for
the
dashboard
under
the
32
bill
shall
comply
with
the
limitations
and
confidentiality
33
requirements
established
pursuant
to
existing
termination
of
34
pregnancy
reporting
requirements.
The
data
on
the
dashboard
35
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shall
be
available
in
a
downloadable
format
and
displayed
as
1
statewide
aggregate
data
for
the
current
calendar
year
only.
2
However,
the
dashboard
shall
have
the
capacity
to
allow
the
3
public
to
view
the
data
for
any
previous
year
for
which
such
4
data
is
available,
delineated
by
month.
The
total
number
of
5
abortions
reported
to
date
shall
be
renewed
each
calendar
year,
6
annually,
on
January
1.
7
DPH
shall
implement
the
dashboard
by
January
20,
2022,
8
health
care
providers
shall
report
the
required
information
9
beginning
February
1,
2022,
and
the
initial
display
of
10
dashboard
data
shall
be
made
available
to
the
public
no
later
11
than
11:59
p.m.
on
February
2,
2022.
12
DPH
is
required
to
summarize
aggregate
data
from
the
13
required
reports
and
submit
the
data
to
the
centers
for
disease
14
control
and
prevention
(CDC)
for
inclusion
in
the
annual
vital
15
statics
report.
16
Beginning
January
31,
2023,
and
annually
thereafter,
DPH
17
shall
provide
to
the
governor
and
to
the
senate
and
house
18
of
representatives
human
resources
standing
committees
of
a
19
report
of
each
information
metric
required
to
be
reported
by
20
physicians
under
the
bill
by
county
and
month
for
the
preceding
21
calendar
year
and
a
statistical
report
based
on
reported
22
abortion
complications
for
the
preceding
calendar
year.
23
Under
the
bill,
if,
at
any
point
in
a
month
the
number
of
24
reported
abortions
meets
or
exceeds
200,
the
circumstances
25
shall
constitute
an
abortion
pandemic
and
DPH
shall
issue
26
public
service
announcements
to
educate
the
public
regarding
27
the
abortion
pandemic
and
the
alternatives
to
abortion
28
available
as
specified
in
Code
section
146A.1.
The
public
29
service
announcements
shall
begin
no
later
than
five
days
30
following
the
date
on
which
the
number
of
abortions
reaches
31
the
threshold
and
shall
continue
until
the
completion
of
a
32
subsequent
calendar
month
in
which
the
number
of
reported
33
abortions
is
less
than
200
and
the
completion
of
any
two-week
34
period
in
which
the
number
of
reported
abortions
is
less
than
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100.
1
A
health
care
provider
who
fails
to
report
the
information
2
required
under
the
bill
in
a
timely
manner
is
subject
to
a
3
civil
penalty
of
$1,000
for
a
first
violation,
$2,000
for
a
4
second
violation,
$4,000
for
a
third
violation,
$10,000
for
5
a
fourth
violation,
and
$20,000
for
a
fifth
violation
and
6
for
each
subsequent
violation.
If
a
health
care
provider
7
becomes
aware
of
misreported
information,
the
health
care
8
provider
shall
submit
the
corrected
information
and
shall
not
9
be
subject
to
a
civil
penalty
if
the
error
was
not
intentional
10
or
reckless.
11
A
physician
who
knowingly
or
intentionally
fails
to
report
12
the
information
required
under
the
bill,
to
maintain
any
13
required
records,
or
to
report
the
information
required
at
the
14
times
required
under
the
bill,
is
guilty
of
unprofessional
15
conduct
and
is
subject
to
licensee
discipline
which
may
include
16
license
suspension
or
revocation
and
a
civil
penalty
not
to
17
exceed
$10,000.
18
A
health
care
provider
who
knowingly
or
intentionally
fails
19
to
report
the
information
required
under
the
bill,
to
maintain
20
any
required
records,
or
to
report
the
information
required
at
21
the
times
required
under
the
bill
is
guilty
of
unprofessional
22
conduct
and
is
subject
to
licensee
discipline
in
accordance
23
with
the
licensing
discipline
provisions
of
the
appropriate
24
licensing
board.
25
The
bill
also
amends
Code
section
144.29A
to
eliminate
the
26
reporting
metric
of
the
maternal
health
services
region
of
DPH
27
as
designated
as
of
July
1,
1997,
in
which
the
patient
resides
28
and
also
provides
that
the
termination
of
pregnancy
reporting
29
information
collected
by
DPH
shall
be
shared
with
the
CDC
and
30
may
be
shared
with
other
federal
public
health
officials
to
31
secure
federal
funding
or
to
conduct
public
health
research.
32
The
bill
provides
that
the
bill
shall
not
be
construed
as
33
creating
or
recognizing
a
right
to
an
abortion
and
that
it
is
34
not
the
intent
of
the
bill
to
make
lawful
an
abortion
that
is
35
-15-
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(17)
89
pf/rh
15/
16
S.F.
508
currently
unlawful.
1
-16-
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1826XS
(17)
89
pf/rh
16/
16