SENATE BILL No. 376

 

 

May 10, 2017, Introduced by Senators JONES, HORN, PAVLOV and MARLEAU and referred to the Committee on Health Policy.

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 2835 and 2837 (MCL 333.2835 and 333.2837),

 

section 2835 as amended by 2012 PA 499 and section 2837 as added by

 

1999 PA 208, and by adding section 2839.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2835. (1) As used in this section and section sections

 

2837 and 2839, "physical complication" means a physical condition

 

occurring during or after an abortion that, under generally

 

accepted standards of medical practice, requires medical attention.

 

Physical complication includes, but is not limited to, infection,

 

hemorrhage, cervical laceration, allergic response, anesthesia-

 

related complications, or perforation of the uterus.

 

     (2) A physician who performs an abortion shall report the

performance of that procedure to the department on forms prescribed

 

and provided by the department. A physician shall transmit a report

 

required under this subsection to the director within 7 days after

 

the performance of the abortion.

 

     (3) Each report of an abortion required under subsection (2)

 

shall must contain only the following information and no other

 

information:

 

     (a) The age of the individual at the time of the abortion.

 

     (b) The marital status of the individual at the time of the

 

abortion.

 

     (c) The race and, if applicable, Hispanic ethnicity of the

 

individual.

 

     (d) The city or township, county, and state in which the

 

individual resided at the time of the abortion.

 

     (e) The name and address of the facility and the type of

 

facility in which the abortion was performed.

 

     (f) The source of referral to the physician performing the

 

abortion.

 

     (g) The number of previous pregnancies carried to term.

 

     (h) The number of previous pregnancies ending in spontaneous

 

abortion.

 

     (i) The number of previous pregnancies terminated by abortion.

 

     (j) The method used before the abortion to confirm the

 

pregnancy, the period of gestation in weeks of the present

 

pregnancy, and the first day of the last menstrual period.

 

     (k) The method used to perform the abortion.

 

     (l) The weight of the embryo or fetus, if determinable.

     (m) Whether the fetus showed evidence of life when separated,

 

expelled, or removed from the individual.

 

     (n) The date of performance of the abortion.

 

     (o) The method and source of payment for the abortion.

 

     (p) A physical complication or death resulting from the

 

abortion and observed by the physician or reported to the physician

 

or his or her agent before the report required under subsection (2)

 

is transmitted to the director.

 

     (q) The physician's signature and his or her state license

 

number.

 

     (4) The A physician who submits a report required under

 

subsection (2) shall not contain include the name of the

 

individual, common identifiers such as her social security number

 

or motor vehicle operator's license number, or other information or

 

identifiers that would make it possible to identify in any manner

 

or under any circumstances an individual who has obtained or seeks

 

to obtain an abortion. A state agency shall not compare data in an

 

electronic or other information system file with data in another

 

electronic or other information system that would result in

 

identifying in any manner or under any circumstances an individual

 

obtaining or seeking to obtain an abortion. Statistical information

 

that may reveal the identity of an individual obtaining or seeking

 

to obtain an abortion shall must not be maintained.

 

     (5) The department shall destroy each individual report

 

required by this section and each copy of the report after

 

retaining the report for 5 years after the date the report is

 

received.

     (6) The department shall make available annually in aggregate

 

a statistical report summarizing the information submitted in each

 

individual report required by this section. The department shall

 

specifically summarize aggregate data regarding all of the

 

following in the annual statistical report:

 

     (a) The period of gestation in 4-week intervals from 5 weeks

 

through 28 weeks.

 

     (b) Abortions performed on individuals aged 17 and under.

 

     (c) Physical complications reported under subsection (3)(p)

 

and section 2837.

 

     (7) The reports required under this section are statistical

 

reports to be used only for medical and health purposes. and The

 

department shall not be incorporated incorporate the reports

 

required under this section into the permanent official records of

 

the system of vital statistics.

 

     (8) Except as otherwise provided in subsection (10), the

 

department or an employee of the department shall not disclose to a

 

person or entity outside the department the reports or the contents

 

of the reports required by this section in a manner or fashion so

 

as to permit the person or entity to whom the report is disclosed

 

to identify in any way the individual who is the subject of the

 

report, the identity of the physician who performed the abortion,

 

or the name or address of a facility in which an abortion was

 

performed. Nothing in this subsection or subsection (10) prevents

 

the department from summarizing aggregate data based on the county

 

in which abortions were performed in the annual statistical report

 

required under subsection (6).

     (9) A person who discloses confidential identifying

 

information in violation of this section, section 2834(6), or

 

section 2837 is guilty of a felony misdemeanor punishable by

 

imprisonment for not more than 3 years 1 year or a fine of not more

 

than $5,000.00, $1,000.00, or both.

 

     (10) The department may release the reports or the contents of

 

the reports required by this section to the department of licensing

 

and regulatory affairs for regulatory purposes only. The department

 

of licensing and regulatory affairs or an employee of the

 

department of licensing or regulatory affairs shall not disclose to

 

a person or entity outside of the department of licensing and

 

regulatory affairs the reports or the contents of the reports

 

required by this section in a manner or fashion so as to permit the

 

person or entity to whom the report is disclosed to identify in any

 

way the individual who is the subject of the report, the identity

 

of the physician who performed the abortion, or the name or address

 

of a facility in which an abortion was performed.

 

     Sec. 2837. (1) A physician shall file a written report with

 

the department regarding each patient who comes under the

 

physician's professional care and who suffers a physical

 

complication or death that is a primary, secondary, or tertiary

 

result of an abortion.

 

     (2) A medical examiner who determines that a physical

 

complication is the primary, secondary, or tertiary cause of death

 

shall file a written report with the department.

 

     (3) (2) The department shall summarize aggregate data from the

 

reports required under subsection (1) for purposes of inclusion

into the annual statistical report on abortion required under

 

section 2835.

 

     (4) (3) The department shall destroy each individual report

 

required by this section and each copy of the report after

 

retaining the report for 5 years after the date the report is

 

received.

 

     (5) (4) The department shall develop and distribute a

 

standardized form for the report required under subsection (1). The

 

department shall not include on the standardized reporting form the

 

name or address of the patient who is the subject of the report or

 

any other information that could reasonably be expected to identify

 

the patient who is the subject of the report. The department shall

 

include on the standardized form a statement specifying the time

 

period within which a report must be transmitted under section

 

2835(2).

 

     (6) The department or an employee of the department shall not

 

disclose to a person or entity outside the department the reports

 

or the contents of the reports required by this section in a manner

 

or fashion so as to permit the person or entity to whom the report

 

is disclosed to identify in any way the individual who is the

 

subject of the report.

 

     Sec. 2839. (1) Any individual who has actual knowledge that a

 

woman has sought treatment for or has died as a result of a

 

physical complication that is a result of an abortion may complete

 

and cause to be transmitted a notice of compliance form described

 

in subsection (3)(a) in the manner prescribed in subsection (2).

 

     (2) An individual who completes a notice of compliance form

under subsection (1) shall, within 1 year from the date the

 

abortion was performed, transmit copies of the notice of compliance

 

form by either certified mail or hand delivery to each of the

 

following:

 

     (a) The physician who treated the woman for the physical

 

complication, the health facility where the woman is alleged to

 

have been treated for the physical complication, or, if the woman

 

has died as a result of the physical complication, the medical

 

examiner of the county in which the death occured.

 

     (b) The physician who performed the abortion, if known.

 

     (c) The department.

 

     (3) The department shall do all of the following:

 

     (a) Develop and make available in print and electronic format

 

a notice of compliance form for reporting only the following

 

information:

 

     (i) The name, address, telephone number, and electronic mail

 

address of the individual submitting the notice of compliance form.

 

     (ii) The name and address of the health facility where the

 

woman was presented for treatment of the physical complication.

 

     (iii) The date the woman was presented for treatment of the

 

physical complication.

 

     (iv) The age, if known, or the approximate age of the woman

 

presented for treatment of the physical complication.

 

     (v) The type of physical complication that was treated and

 

whether death occurred.

 

     (vi) The following information about the performance of the

 

abortion that led to the physical complication or death:

     (A) The name and address of the facility where the abortion

 

was performed.

 

     (B) The name of the physician performing the abortion, if

 

known.

 

     (C) The date the abortion was performed.

 

     (b) Within 7 days of receiving a notice of compliance form

 

transmitted within the time frame required in subsection (2),

 

provide the confirmation document described in subdivision (c) to

 

all of the following:

 

     (i) The individual submitting the notice of compliance form.

 

     (ii) The health facility identified in the notice of

 

compliance form as providing treatment to a woman for a physical

 

complication.

 

     (iii) The physician identified in the notice of compliance

 

form as performing the abortion, if known.

 

     (iv) The facility identified in the notice of compliance form

 

as the facility where the abortion was performed.

 

     (c) Develop a confirmation document that provides all of the

 

following:

 

     (i) Written confirmation to the individual who submitted the

 

notice of compliance form that the department received the notice

 

of compliance form.

 

     (ii) Instruction to each physician and health facility

 

identified in the notice of compliance form that each physician and

 

health facility identified in the notice of compliance form shall

 

respond to the department by confirming or denying that a woman was

 

presented for and received treatment for a physical complication

that corresponds with the date and other information supplied in

 

the notice of compliance form.

 

     (iii) Instruction to each physician and health facility

 

identified in the notice of compliance form that if the physician

 

or health facility provided treatment to a woman for a physical

 

complication, the physician and health facility shall include a

 

copy of the report required under section 2835 or 2837, as

 

applicable, with their response to the confirmation document.

 

     (d) Retain a notice of compliance form for 2 years or until

 

the department receives the response to the confirmation document

 

required under subdivision (c)(ii) and, if applicable, the report

 

required under section 2835 or 2837 confirming treatment for a

 

physical complication from the physician or health facility

 

identified in the notice of compliance form as providing treatment

 

to a woman for a physical complication.

 

     (e) Not more than 90 days after sending notification to each

 

physician and health facility identified in the notice of

 

compliance form, notify the individual who submitted the notice of

 

compliance form of any responses received from each physician or

 

health facility identified in the notice of compliance form.

 

     (4) An individual who transmits a notice of compliance form

 

under subsection (2) shall not include the name, common identifiers

 

such as social security number or motor vehicle operator's license

 

number, or other information or identifiers that would make it

 

possible to identify in any manner or under any circumstances the

 

woman who sought treatment for a physical complication. A state

 

agency shall not compare data in an electronic or other information

system file with data in another electronic or other information

 

system that would result in identifying in any manner or under any

 

circumstances an individual seeking treatment for a physical

 

complication. Statistical information that may reveal the identity

 

of an individual seeking treatment for a physical complication must

 

not be maintained.

 

     (5) The department shall not incorporate a notice of

 

compliance form received under this section into the permanent

 

official records of the system of vital statistics. The department

 

may use a notice of compliance form as part of an investigation

 

regarding compliance with section 2835 or 2837.

 

     (6) The department or an employee of the department shall not

 

disclose to a person or entity outside the department the reports

 

or the contents of the reports required by this section in a manner

 

or fashion so as to permit the person or entity to whom the report

 

is disclosed to identify in any way the person who is the subject

 

of the report.

 

     (7) This section does not apply to a physician who reports a

 

physical complication or death resulting from an abortion in

 

compliance with section 2835 or 2837.

 

     (8) A person who knowingly files a false notice of compliance

 

form or knowingly discloses confidential identifying information in

 

violation of this section is guilty of a misdemeanor punishable by

 

imprisonment for not more than 1 year or a fine of not more than

 

$1,000.00, or both.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.