April 24, 2007, Introduced by Reps. Green, Meekhof, Robertson, Elsenheimer, Opsommer, Stahl, Palmer, Huizenga, Pearce, Shaffer, Knollenberg, LaJoy, Hildenbrand, Agema, Calley, Hoogendyk, Palsrok, Meltzer, Marleau, Rick Jones, Nitz, Steil, Caswell, Sheen, McDowell, Stakoe, Dean, Booher, Sheltrown, Mayes, Angerer, Emmons, Casperson, Caul and Clemente and referred to the Committee on Judiciary.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 2835 (MCL 333.2835), as amended by 2002 PA 562,
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:
(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, 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 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 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.
Sec. 2839. (1) Any individual who has actual knowledge of a
woman who has sought treatment for a physical complication that is
a result of an abortion may complete and cause to be transmitted a
notice of compliance form prescribed and provided by the department
in the manner prescribed in subsection (2).
(2) An individual shall transmit copies of the notice of
compliance by either certified mail or hand delivery to each of the
following:
(a) The physician or health facility where the woman is
alleged to have been treated for the physical complication.
(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, and telephone number of the individual
filing the notice of compliance.
(ii) The name and address of the health facility where the
woman presented for treatment of the physical complication.
(iii) The date the woman presented for treatment of a physical
complication.
(iv) The age, if known, or the approximate age of the woman
presenting for treatment of a physical complication.
(v) The type of physical complication that was treated or
whether death occurred.
(vi) The following information about the performance of the
abortion that led to a 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.
(C) The date the abortion was performed.
(b) Within 7 days of receiving a notice of compliance, provide
a written confirmation to the individual submitting the notice and
transmit copies of the written confirmation to any physician or
health facility named in the notice of compliance.
(c) Retain a notice of compliance for 5 years or until such
time as the department determines that a report required under
section 2835 or 2837 that corresponds to the notice of compliance
has been received by the department. If the department receives a
report required under section 2835 or 2837 that corresponds to a
notice of compliance it has received under this section, the
department shall notify the individual who filed the notice of
compliance that the report has been received and determined to
correspond to the notice of compliance.
(4) The notice of compliance described in subsection (2) shall
not contain 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 shall not
be maintained.
(5) A notice of compliance shall not be incorporated into the
permanent official records of the system of vital statistics. A
notice of compliance may be used 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
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.