ARIZONA HOUSE OF REPRESENTATIVES

SB 1394: DHS; reporting; abortions

PRIME SPONSOR: Senator Barto, LD 15

BILL STATUS: House Engrossed

Relating to reporting abortion data.

Provisions

Provider Reporting Requirements for Abortion Data

1. Prohibits a hospital or facility from including information or identifiers that make it possible to identify a woman who obtained/sought an abortion. (Sec 1)

2. Expands two sets of information that must be reported to ADHS by the hospital or facility performing the abortion:

a. The reason for the abortion must be indicated using at least one of the specified options.  Includes an option for the woman to decline to answer.

b. Any known medical complication resulting from the abortion must include at least one of the following:

i. Shock;

ii. Uterine perforation;

iii. Cervical laceration requiring suture or repair;

iv. Heavy bleeding/hemorrhage with specific blood loss;

v. Aspiration or allergic response;

vi. Post-procedure infection;

vii. Sepsis;

viii. Incomplete abortion requiring re-evacuation;

ix. Damage to uterus;

x. Failed termination of pregnancy;

xi. Death of patient;

xii. Other; or

xiii. None. (Sec 1)

3. Adds four new reporting requirements as follows:

a. A new category designating the medical specialty of the physician performing the abortion:

i. OBGYN;

ii. General/Family practice;

iii. Emergency medicine; or

iv. Other.

b. A new category for the type of admission:

i. Outpatient at abortion clinic;

ii. Outpatient at hospital;

iii. Inpatient at hospital; or

iv. Outpatient at health care institution.

c. Whether anesthesia was administered to the mother or unborn child. (Sec 1)

4. States that the hospital or facility must request information relating to the reason for the abortion at the same time it provides informed consent information, individually and in a private room.  This information may be collected on a medical form, if it is completed individually and in a private room.  (Sec 1)

5. States that if the woman discloses that the reason for the abortion is that the pregnancy is the result of sexual assault or incest, or that the woman is a victim of sex trafficking, domestic violence or is being coerced into the abortion, the hospital or facility must provide information on:

a. Reporting the crime to law enforcement; and

b. Resources available for assistance and services. (Sec 1)

6. Expands the reporting requirement for a provider who treats a woman in need of care due to a complication resulting from abortion to include the same specific complications referenced above in the hospital/facility report. (Sec 2)

7. Adds new reporting requirements for physicians providing informed consent information.  Providers must report to ADHS the number of:

a. Women who receive specific medical information regarding the procedure and treatment by a physician, along with whether the information was provided in the person's capacity as:

i. A referring physician; or

ii. The physician who would perform the abortion.

b. Women who receive information about benefits and assistance options from medical or behavioral health professionals, along with:

i. Whether the information was provided in the person's capacity as a referring physician or as the physician who would perform the abortion;

ii. The number of notifications provided by each type of health or behavioral health practitioner.

c. Ultrasound/fetal heart auscultation services provided, along with:

i. Whether the information was provided in the person's capacity as a referring physician or as the physician who would perform the abortion; and

1. How many were performed by the:

a. Physician; or

b. Another person working with the physician. (Sec 3)

8. Abortions provided where informed consent information was not provided 24 hours before the procedure due to:

a. A medical emergency to avert the woman's death; or

b. A medical emergency to avert substantial or irreversible impairment of major bodily function. (Sec 3)

9. Prohibits the report from identifying the patient or including any identifier that would make it possible to identify a woman who obtained or sought an abortion. (Sec 3)

10. Outlines the process and timeframe for submitting the report. (Sec 3)

Annual ADHS Statistical Report of Abortion Data

11. Expands the ADHS Annual Statistical Report to include:

a. Breakdown by month of all reasons for abortions;

b. Breakdown by month of the number of abortions performed/prescribed by each hospital and facility;

c. All data outlined in the provider reports;

i. ADHS must confidentially maintain information that alone or in combination could identify a person who performed the abortion or had the abortion using epidemiologic principles;

d. Statistics from AHCCCS including:

i. Total number of abortions partially or fully paid for with state monies through AHCCCS;

ii. Total amount of state monies used to pay for these abortions and incidental expenses;

iii. Total number of abortions paid for with state monies and performed out of state. (Sec 4)

Miscellaneous

12. Contains a delayed effective date of January 1, 2019. (Sec 5)

13. Makes technical and conforming changes. (Sec 1, 2, 4)

Current Law

A.R.S. Title 36, Ch. 20, Article 2 outlines abortion reporting requirements.  A.R.S. § 36-2161 requires a hospital or facility where abortions are performed to report to ADHS specific information about each abortion performed.   Under this section, information cannot be included that would identify the individual patient by name.  Generally, reports required under the Article cannot include names, common identifiers or other information that would make it possible to identify anyone who seeks or has obtained an abortion.

Separate reporting requirements exist for health professionals who provide medical care related to complications from abortions (A.R.S. § 36-2162).

A.R.S. § 36-2163 requires ADHS to collect all abortion reports and complication reports and prepare a Comprehensive Annual Statistical Report.  The statute includes specific information that must be included in the report, such as:

· A breakdown of the number of abortions by gestational age of the unborn child at the time of the abortion, and

· The type of procedure performed.

A.R.S. § 36-2153 requires abortions to be performed only with the voluntary and informed consent of the woman, except in the case of a medical emergency.  The statute outlines the requirements for informed consent.

Relevant definitions for this Chapter are found in A.R.S. § 36-2151.

Additional Information

The most recent ADHS Comprehensive Annual Statistical Report is available here.

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Fifty-third Legislature                  SB 1394

Second Regular Session                               Version 3: House Engrossed

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