§1596. Abortion and miscarriage data

1.  Definitions.  As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Abortion" means the intentional interruption of a pregnancy by the application of external agents, whether chemical or physical, or the ingestion of chemical agents with an intention other than to produce a live birth or to remove a dead fetus, regardless of the length of gestation.   [PL 1989, c. 274, §1 (RPR).]

B. "Miscarriage" means an interruption of a pregnancy other than as provided in paragraph A of a fetus of less than 20 weeks gestation.   [PL 1989, c. 274, §1 (RPR).]

C. "Health care professional" means a physician or physician assistant licensed under Title 32, chapter 36 or 48 or a person licensed under Title 32, chapter 31 to practice as an advanced practice registered nurse.   [PL 2019, c. 262, §1 (NEW).]

[PL 2019, c. 262, §1 (AMD).]

2.  Abortion reports.  A report of each abortion performed must be made to the Department of Health and Human Services on forms prescribed by the department. These report forms may not identify the patient by name or otherwise and must contain only the information requested on the United States Standard Report of Induced Termination of Pregnancy, published by the National Center for Health Statistics, dated January 1978, or any more recent revision of a standard report form.

The form containing that information and data must be prepared and signed by the health care professional who performed the abortion and transmitted to the department not later than 10 days following the end of the month in which the abortion is performed.

A health care professional who reports data on an abortion pursuant to this section is immune from any criminal liability for that abortion under section 1598.

[PL 2019, c. 262, §1 (AMD).]

3.  Miscarriage reports.  A report of each miscarriage must be made by the health care professional in attendance at or after the occurrence of the miscarriage to the Department of Health and Human Services on forms prescribed by the department. These report forms must contain all of the applicable information required on the certificate of fetal death in current use.

The report form must be prepared and signed by the health care professional in attendance at or after the occurrence of the miscarriage and transmitted to the department not later than 10 days following the end of the month in which the miscarriage occurs.

[PL 2019, c. 262, §1 (AMD).]

The identity of any patient or health care professional reporting pursuant to this section is confidential and the department shall take the steps necessary to ensure the confidentiality of the identity of patients or health care professionals reporting pursuant to this section.   [PL 2019, c. 262, §1 (AMD).]

SECTION HISTORY

PL 1977, c. 696, §186 (NEW). PL 1979, c. 363, §§1-4 (AMD). PL 1989, c. 274, §1 (RPR). PL 2003, c. 689, §B6 (REV). PL 2019, c. 262, §1 (AMD).