HB-4406, As Passed House, April 20, 2010

SUBSTITUTE FOR

HOUSE BILL NO. 4406

     A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending section 2835 (MCL 333.2835), as amended by 2002 PA 562.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 2835. (1) As used in this section and section 2837:

     (a) "Abortion" means that term as defined in section 17015.

     (b) "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, 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 contain only the following information and no other

information:

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

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

abortion.

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

woman.

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

resided at the time of the abortion.

     (e) The location and 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 woman.

     (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 report required under subsection (2) shall not contain

the name of the woman, 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 a woman obtaining or

seeking to obtain an abortion shall 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 women aged 17 and under.

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

(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 shall

not be incorporated into the permanent official records of the

system of vital statistics.

     (8) 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.

     (9) A person who discloses confidential identifying

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

section 2837 is guilty of a felony punishable by imprisonment for

not more than 3 years , or a fine of not more than $5,000.00, or

both.

     Enacting section 1. This amendatory act takes effect January

1, 2011.