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HB 160: "An Act requiring the reporting of induced terminations of pregnancies."

00 HOUSE BILL NO. 160 01 "An Act requiring the reporting of induced terminations of pregnancies." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 18.50 is amended by adding a new section to read: 04 Sec. 18.50.245. Report of induced termination of pregnancy. (a) A 05 hospital, clinic, or other institution where an induced termination of pregnancy is 06 performed in the state shall submit a report directly to the state registrar within three 07 days after the induced termination is completed. The report may not contain the name 08 of the patient whose pregnancy was terminated but must contain the information 09 required by the state registrar in regulations adopted under this section. 10 (b) When an induced termination of pregnancy is performed by a physician 11 outside of a hospital, clinic, or other institution, the physician shall submit the report 12 required under this section within three days after the induced termination of 13 pregnancy is completed. 14 (c) For purposes of this section, 15 (1) an induced termination of pregnancy is considered to be performed

01 where the act interrupting the pregnancy is performed even if the resultant expulsion 02 of the product of conception occurs elsewhere; 03 (2) prescription of a medicine by a physician who knows that the 04 medicine will be taken with the intention of inducing termination of a pregnancy is 05 considered to be the act that interrupts the pregnancy even if the medicine is taken 06 outside of the physician's presence; and 07 (3) an induced termination of pregnancy is considered to be completed 08 when the product of conception is extracted or expulsed. 09 (d) The state registrar shall annually prepare a statistical report based on the 10 reports received under this section. The report must include the types of information 11 required under (e) of this section. The data gathered from the reports received under 12 this section may only be presented in aggregate statistics, not individually, so that 13 specific individuals may not be identified. After preparation of the annual report, the 14 state registrar shall destroy the reports received under this section. 15 (e) The state registrar shall adopt regulations to implement this section. The 16 regulations that establish the information that will be required in a report of an induced 17 termination of pregnancy must require information 18 (1) substantially similar to the information required under the United 19 States Standard Report of Induced Termination of Pregnancy, as published by the 20 National Center for Health Statistics, Centers for Disease Control and Prevention, 21 United States Department of Health and Human Services, in April 1998, as part of 22 DHHS Publication No. (PHS) 98-1117; and 23 (2) regarding the following: 24 (A) medical complications, if any, that resulted from the 25 termination; 26 (B) whether a fetal anomaly was discernible and, if so, the 27 type; 28 (C) the reason given by the pregnant woman for the 29 termination, such as 30 (i) economic reasons; 31 (ii) social circumstances;

01 (iii) risk to maternal physical health; 02 (iv) risk to maternal mental health; 03 (v) risk to fetal health; 04 (vi) the pregnancy was the result of rape; 05 (vii) the pregnancy was the result of incest; 06 (D) whether the termination was classified as therapeutic; and 07 (E) whether the termination procedure was paid for through the 08 medical assistance program established under AS 47.07. 09 * Sec. 2. AS 18.50.310(b) is amended to read: 10 (b) The bureau may permit the use of data contained in vital statistics records, 11 other than reports of induced terminations of pregnancy, for research purposes. 12 * Sec. 3. AS 18.50.310(e) is amended to read: 13 (e) The department may by regulation provide for the release of information, 14 other than information in reports of induced terminations of pregnancy, to 15 authorized representatives of organizations or foundations that counsel the next of kin 16 of victims of sudden infant death syndrome. 17 * Sec. 4. AS 18.50.350 is amended to read: 18 Sec. 18.50.350. Duty to furnish information. A person having knowledge of 19 the facts shall furnish the information the person possesses regarding a birth, death, 20 fetal death, induced termination of pregnancy, marriage, or divorce, upon demand 21 of the state registrar. 22 * Sec. 5. AS 18.50.950(8) is amended to read: 23 (8) "fetal death" means death before the complete expulsion or 24 extraction from its mother of a product of human conception, irrespective of the 25 duration of pregnancy, where 26 (A) [AND] the death is indicated by the fact that, after 27 expulsion or extraction, the fetus does not breathe or show evidence of life 28 such as beating of the heart, pulsation of the umbilical cord, or definite 29 movement of voluntary muscles; and 30 (B) the expulsion or extraction is not caused by an induced 31 termination of pregnancy;

01 * Sec. 6. AS 18.50.950(18) is amended to read: 02 (18) "vital statistics" means records of birth, death, fetal death, 03 induced termination of pregnancy, marriage, divorce, adoption, and related data. 04 * Sec. 7. AS 18.50.950 is amended by adding a new paragraph to read: 05 (19) "induced termination of pregnancy" means the purposeful 06 interruption of an intrauterine pregnancy with the intention other than to produce a 07 live-born infant, and that does not result in a live birth, except that "induced 08 termination of pregnancy" does not include management of prolonged retention of 09 products of conception following fetal death;