Bill Summary – FastDemocracy

HOUSE BILL NO. 4819
     June 15, 2023, Introduced by Reps. Paquette, DeSana, Fox and Hoadley and referred to the
        Committee on Government Operations.
          A bill to amend 1978 PA 368, entitled
    "Public health code,"
    by amending section 2835 (MCL 333.2835), as amended by 2012 PA 499.
                     THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
       Sec. 2835. (1) As used in this section and section 2837,
 "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, or perforation of the uterus.
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       (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 must contain only the following information and no other
 information:
       (a) The age of the individual at the time of the abortion.
       (b) The marital status of the individual at the time of the
 abortion.
       (c) The race and, if applicable, Hispanic ethnicity of the
 individual.
       (d) The city or township, county, and state in which the
 individual resided at the time of the abortion.
       (e) The name and address of the facility and the 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,
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 expelled, or removed from the individual.
       (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 the physician's agent before the report required
 under subsection (2) is transmitted to the director.
       (q) Any of the following reasons for obtaining the abortion:
       (i) The present pregnancy was the result of a rape.
       (ii) The present pregnancy was the result of incest.
       (iii) Economic reasons.
       (iv) A child is not wanted at this time.
       (v) Emotional health is at risk.
       (vi) Physical health is at risk.
       (vii) Relationship problems.
       (viii) The present pregnancy involved a diagnosis of 1 or more
 fetal anomalies.
       (r) (q) The physician's signature and his or her the
 physician's state license number.
       (4) The report required under subsection (2) shall must not
 contain the name of the individual, common identifiers such as her
 social security 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 must 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
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 obtain an abortion. Statistical information that may reveal the
 identity of an individual obtaining or seeking to obtain an
 abortion shall must 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 individuals aged 17 and under.
       (c) Physical complications reported under subsection (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
 must not be incorporated into the permanent official records of the
 system of vital statistics.
       (8) Except as otherwise provided in subsection (10), 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 individual who is the subject of the
 report, the identity of the physician who performed the abortion,
 or the name or address of a facility in which an abortion was
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 performed.
         (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.
         (10) The department may release the reports or the contents of
 the reports required by this section to the department of licensing
 and regulatory affairs for regulatory purposes only. The department
 of licensing and regulatory affairs or an employee of the
 department of licensing or and regulatory affairs shall not
 disclose to a person or entity outside of the department of
 licensing and regulatory affairs 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 individual who is the subject of the
 report, the identity of the physician who performed the abortion,
 or the name or address of a facility in which an abortion was
 performed.
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Statutes affected: 
House Introduced Bill: 333.2835