HOUSE BILL No. 4752 May 6, 1997, Introduced by Rep. Griffin and referred to the Committee on Health Policy. A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2835 (MCL 333.2835). THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 2835. (1) As used in this section"abortion" means2the purposeful induced termination of a human pregnancy.AND 3 SECTION 2837: 4 (A) "ABORTION" MEANS THAT TERM AS DEFINED IN SECTION 17015. 5 (B) "PHYSICAL COMPLICATION" MEANS A PHYSICAL CONDITION 6 OCCURRING DURING OR AFTER AN ABORTION THAT, UNDER GENERALLY 7 ACCEPTED STANDARDS OF MEDICAL PRACTICE, REQUIRES MEDICAL 8 TREATMENT. PHYSICAL COMPLICATION INCLUDES, BUT IS NOT LIMITED 9 TO, INFECTION, HEMORRHAGE, CERVICAL LACERATION, OR PERFORATION OF 10 THE UTERUS. 02246'97 CPD 2 1 (2) A physician who performs an abortion shall report the 2 performance of that procedure to the department on forms 3 prescribed and provided by the department.The reports shall be4transmittedA PHYSICIAN SHALL TRANSMIT A REPORT REQUIRED UNDER 5 THIS SUBSECTION to the directorwithin 7NOT LESS THAN 30 days 6 BUT NOT MORE THAN 60 DAYS after the performance of the abortion. 7 (3) Each report of an abortion REQUIRED UNDER SUBSECTION (2) 8 shall contain only the following information and no other 9 information: 10 (a) The age of the woman at the time of the abortion. 11 (b) The marital status of the woman at the time of the 12 abortion. 13 (c) The city or township, county, and state in which the 14 woman resided at the time of the abortion. 15 (d) The location and type of facility in which the abortion 16 was performed. 17 (e) The source of referral to the physician performing the 18 abortion. 19 (f) The number of previous pregnancies carried to term. 20 (g) The number of previous pregnancies ending in 21miscarriage orspontaneous abortion. 22 (h) The number of previous pregnancies terminated by 23 abortion. 24 (i) The period of gestation in weeks of the present preg- 25 nancy and the first day of the last menstrual period. 26 (j) The method used to perform the abortion. 02246'97 3 1 (k) The weight of the embryo or fetus, if determinable. 2 (l) THE TYPE OF DIAGNOSTIC OR GENETIC TESTING OR SCREENING, 3 IF ANY, PERFORMED UPON THE WOMAN OR FETUS BY A LICENSED HEALTH 4 PROFESSIONAL BEFORE THE ABORTION AND RELATED TO THE HEALTH OF THE 5 FETUS. 6 (M)(l)Whether the fetus showed evidence of life when 7 separated, expelled, or removed from the woman. 8 (N)(m)The date of performance of the abortion. 9 (O)(n) The immediate complications of the abortion10procedureA PHYSICAL COMPLICATION OR DEATH RESULTING FROM THE 11 ABORTION AND OBSERVED BY THE PHYSICIAN OR REPORTED TO THE PHYSI- 12 CIAN OR HIS OR HER AGENT BEFORE THE REPORT IS TRANSMITTED. 13 (P)(o)The physician's signature and his OR HER state 14 license number. 15 (4) The report REQUIRED UNDER SUBSECTION (2) shall not con- 16 tain the name of the woman, common identifiers such as social 17 security ordriversDRIVER license numbers or other information 18 or identifiers that would make it possible to identify in any 19 manner or under any circumstances an individual who has obtained 20 or seeks to obtain an abortion. A state agency shall not compare 21 data in an information system file with data in another computer 22 systemwhichTHAT would result in identifying in any manner or 23 under any circumstances an individual obtaining or seeking to 24 obtain an abortion. Statistical informationwhichTHAT may 25 reveal the identity of a woman obtaining or seeking to obtain an 26 abortion shall not be maintained. 02246'97 4 1 (5) The department shall destroytheEACH individual 2reportsREPORT required by this section and any copies of the 3recordsREPORT after retainingthemTHE REPORT for 5 years 4 AFTER IT IS RECEIVED. 5 (6) The department shall make available annually in aggre- 6 gate a statistical report summarizing the information submitted 7 intheEACH individualreportsREPORT required by this 8 section. THE DEPARTMENT SHALL SPECIFICALLY SUMMARIZE AGGREGATE 9 DATA REGARDING ALL OF THE FOLLOWING IN THE ANNUAL STATISTICAL 10 REPORT: 11 (A) THE PERIOD OF GESTATION IN 4-WEEK INTERVALS FROM 5 WEEKS 12 THROUGH 28 WEEKS. 13 (B) ABORTIONS PERFORMED ON WOMEN AGED 17 AND UNDER. 14 (C) PHYSICAL COMPLICATIONS REPORTED UNDER SUBSECTION (3)(O) 15 AND SECTION 2837. 16 (7) The reports required under this section are statistical 17 reports to be used only for medical and health purposes and shall 18 not be incorporated into the permanent official records of the 19 system of vital statistics. 20 (8) The department oranyAN employee of the department 21 shall not disclose toanyA person outside the department, the 22 reports or the contents of the reports required by this section 23 inanyA manner or fashion so as to permit the person or entity 24 to whom the report is disclosed to identify in any way the person 25about whom the report concernsWHO IS THE SUBJECT OF THE 26 REPORT. 02246'97 5 1 (9) A person who discloses confidential IDENTIFYING 2 information in violation ofsections 2834-2835THIS SECTION, 3 SECTION 2834, OR SECTION 2837 is guilty of a felony, punishable 4 by imprisonment for not more than 3 years, or a fine of not more 5 than $5,000.00, or both., and if the person is an employee of6the department shall be subject to immediate dismissal.7 Enacting section 1. This amendatory act does not take 8 effect unless Senate Bill No. _____ or House Bill No. _____ 9 (request no. 00010'97) of the 89th Legislature is enacted into 10 law. 02246'97 Final page. CPD