HOUSE BILL No. 4600


     April 29, 1999, Introduced by Reps. Bisbee, Tabor, Birkholz, Middaugh, Faunce, Cassis, Vear, Kukuk, DeWeese, Caul, Law, Geiger, Ehardt, Voorhees, Kuipers, Rocca, Gosselin, Patterson, Howell, O'Neil, Bob Brown, DeRossett, Pumford, Mans, Shackleton, Allen, Koetje, Hart, DeVuyst, Lockwood, LaSata, Jansen, Rivet, Pestka, Frank, Stamas, Shulman,
Woronchak, Bradstreet, Van Woerkom, Gilbert, Garcia, Julian, Vander Roest, Rick Johnson, Bishop, Richardville, Mortimer, Kowall, Cameron Brown, Basham, Sanborn, Green, Hager, Jellema, Raczkowski, Byl and Mead and referred to the Committee on Regulatory Reform.


        A bill to amend 1978 PA 368, entitled

   "Public health code,"

   by amending section 2835 (MCL 333.2835) and by adding

   section 2837.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 2835.  (1) As used in this section  "abortion" means

 2     the 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.


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

 2    performance of that procedure to the department on forms pre-

 3    scribed and provided by the department.  The reports shall be

 4     transmitted  A PHYSICIAN SHALL TRANSMIT A REPORT REQUIRED UNDER

 5    THIS SUBSECTION to the director  within 7  NOT 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

21     miscarriage or  spontaneous 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.





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 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 THE PHYSICIAN OR BY

 4    ANOTHER LICENSED HEALTH PROFESSIONAL BEFORE THE ABORTION AND

 5    RELATED TO THE HEALTH OF THE 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 abortion

10     procedure  A 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 REQUIRED UNDER

13    SUBSECTION (2) IS TRANSMITTED TO THE DIRECTOR.

14         (P)  (o)  The physician's signature and his OR HER state

15    license number.

16         (4) The report REQUIRED UNDER SUBSECTION (2) shall not con-

17    tain the name of the woman, common identifiers such as social

18    security or  drivers  MOTOR VEHICLE OPERATOR'S license numbers or

19    other information or identifiers that would make it possible to

20    identify in any manner or under any circumstances an individual

21    who has obtained or seeks to obtain an abortion.  A state agency

22    shall not compare data in an ELECTRONIC OR OTHER information

23    system file with data in another  computer  ELECTRONIC OR OTHER

24    INFORMATION system  which  THAT would result in identifying in

25    any manner or under any circumstances an individual obtaining or

26    seeking to obtain an abortion.  Statistical information  which 





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 1    THAT may reveal the identity of a woman obtaining or seeking to

 2    obtain an abortion shall not be maintained.

 3         (5) The department shall destroy  the  EACH individual

 4     reports  REPORT required by this section and any copies of the

 5     records  REPORT after retaining  them  THE REPORT for 5 years

 6    AFTER IT IS RECEIVED.

 7         (6) The department shall make available annually in aggre-

 8    gate a statistical report summarizing the information submitted

 9    in  the  EACH individual  reports  REPORT required by this

10    section.  THE DEPARTMENT SHALL SPECIFICALLY SUMMARIZE AGGREGATE

11    DATA REGARDING ALL OF THE FOLLOWING IN THE ANNUAL STATISTICAL

12    REPORT:

13         (A) THE PERIOD OF GESTATION IN 4-WEEK INTERVALS FROM 5 WEEKS

14    THROUGH 28 WEEKS.

15         (B) ABORTIONS PERFORMED ON WOMEN AGED 17 AND UNDER.

16         (C) PHYSICAL COMPLICATIONS REPORTED UNDER SUBSECTION (3)(O)

17    AND SECTION 2837.

18         (7) The reports required under this section are statistical

19    reports to be used only for medical and health purposes and shall

20    not be incorporated into the permanent official records of the

21    system of vital statistics.

22         (8) The department or  any  AN employee of the department

23    shall not disclose to  any  A person OR ENTITY outside the

24    department  ,  the reports or the contents of the reports

25    required by this section in  any  A manner or fashion so as to

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





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 1    identify in any way the person  about whom the report concerns 

 2    WHO IS THE SUBJECT OF THE REPORT.

 3         (9) A person who discloses confidential IDENTIFYING informa-

 4    tion in violation of  sections 2834-2835  THIS SECTION, SECTION

 5    2834, OR SECTION 2837 is guilty of a felony, punishable by

 6    imprisonment for not more than 3 years, or a fine of not more

 7    than $5,000.00, or both.  , and if the person is an employee of

 8     the department shall be subject to immediate dismissal. 

 9         SEC. 2837.  (1) THE DEPARTMENT SHALL DO ALL OF THE

10    FOLLOWING:

11         (A) PROMULGATE RULES REQUIRING A PHYSICIAN TO FILE A WRITTEN

12    REPORT WITH THE LOCAL PUBLIC HEALTH DEPARTMENT REGARDING A

13    PATIENT WHO COMES UNDER THE PHYSICIAN'S PROFESSIONAL CARE AND WHO

14    SUFFERS A PHYSICAL COMPLICATION OR DEATH THAT IS A PRIMARY, SEC-

15    ONDARY, OR TERTIARY RESULT OF AN ABORTION.

16         (B) SUMMARIZE AGGREGATE DATA FROM THE REPORTS REQUIRED UNDER

17    SUBDIVISION (A) FOR PURPOSES OF INCLUSION INTO THE ANNUAL STATIS-

18    TICAL REPORT ON ABORTION REQUIRED UNDER SECTION 2835.

19         (C) DESTROY EACH INDIVIDUAL REPORT REQUIRED BY THIS SECTION

20    AND ANY COPIES OF THE REPORT AFTER RETAINING THE REPORT FOR 5

21    YEARS AFTER THE REPORT IS RECEIVED.

22         (2) THE DEPARTMENT SHALL PROMULGATE THE RULES REQUIRED UNDER

23    SUBSECTION (1)(A) IN SUCH A MANNER AS TO AMEND THE APPROVED FORM

24    FOR REPORTING VENEREAL DISEASE PROVIDED UNDER R 325.173 OF THE

25    MICHIGAN ADMINISTRATIVE CODE TO INCORPORATE THE REPORTING

26    REQUIREMENTS OF SUBSECTION (1)(A), AND SHALL SPECIFY IN THE RULES

27    THAT A PHYSICIAN FILING A REPORT REGARDING A PHYSICAL



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 1    COMPLICATION FROM ABORTION REQUIRED UNDER THIS SECTION SHALL NOT

 2    INCLUDE THE NAME OR ADDRESS OF THE PATIENT WHO IS THE SUBJECT OF

 3    THE REPORT OR ANY OTHER INFORMATION THAT COULD REASONABLY BE

 4    EXPECTED TO IDENTIFY THE SUBJECT OF THE REPORT.
















































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