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CSHB 160(JUD): "An Act requiring the reporting of induced terminations of pregnancies."

00 CS FOR HOUSE BILL NO. 160(JUD) 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 30 days 07 after the induced termination is completed. The report may not contain the name of 08 the patient whose pregnancy was terminated but must contain the information required 09 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 30 days after the induced termination of pregnancy 13 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, except that the statistical report may not identify or 12 give information that can be used to identify the name of any physician who 13 performed an induced termination of pregnancy, the name of any facility in which an 14 induced termination of pregnancy occurred, or the name of the municipality or 15 community in which the induced termination of pregnancy occurred. The data 16 gathered from the reports received under this section may only be presented in 17 aggregate statistics, not individually, so that specific individuals may not be identified. 18 After preparation of the annual report, the state registrar shall destroy the reports 19 received under this section. 20 (e) The state registrar shall adopt regulations to implement this section. The 21 regulations that establish the information that will be required in a report of an induced 22 termination of pregnancy must require information substantially similar to the 23 information required under the United States Standard Report of Induced Termination 24 of Pregnancy, as published by the National Center for Health Statistics, Centers for 25 Disease Control and Prevention, United States Department of Health and Human 26 Services, in April 1998, as part of DHHS Publication No. (PHS) 98-1117. 27 * Sec. 2. AS 18.50.310(a) is amended to read: 28 (a) To protect the integrity of vital statistics records, to ensure their proper use, 29 and to ensure the efficient and proper administration of the vital statistics system, it is 30 unlawful for a person to permit inspection of [,] or to disclose information contained in 31 vital statistics records, or to copy or issue a copy of all or part of a record, except as

01 provided by this section or as authorized by regulations issued under this chapter. 02 Regulations issued under this chapter may not authorize inspection, disclosure, 03 or copying of all or part of any report or record received under AS 18.50.245, 04 except that the statistical report prepared under AS 18.50.245(d) may be copied 05 and distributed. 06 * Sec. 3. AS 18.50.310(b) is amended to read: 07 (b) The bureau may permit the use of data contained in vital statistics records, 08 other than reports of induced terminations of pregnancy, for research purposes. 09 * Sec. 4. AS 18.50.310(e) is amended to read: 10 (e) The department may by regulation provide for the release of information, 11 other than information in reports of induced terminations of pregnancy, to 12 authorized representatives of organizations or foundations that counsel the next of kin 13 of victims of sudden infant death syndrome. 14 * Sec. 5. AS 18.50.350 is amended to read: 15 Sec. 18.50.350. Duty to furnish information. A person having knowledge of 16 the facts shall furnish the information the person possesses regarding a birth, death, 17 fetal death, induced termination of pregnancy, marriage, or divorce, upon demand 18 of the state registrar. 19 * Sec. 6. AS 18.50.950(8) is amended to read: 20 (8) "fetal death" means death before the complete expulsion or 21 extraction from its mother of a product of human conception, irrespective of the 22 duration of pregnancy, where 23 (A) [AND] the death is indicated by the fact that, after 24 expulsion or extraction, the fetus does not breathe or show evidence of life 25 such as beating of the heart, pulsation of the umbilical cord, or definite 26 movement of voluntary muscles; and 27 (B) the expulsion or extraction is not caused by an induced 28 termination of pregnancy; 29 * Sec. 7. AS 18.50.950(18) is amended to read: 30 (18) "vital statistics" means records of birth, death, fetal death, 31 induced termination of pregnancy, marriage, divorce, adoption, and related data.

01 * Sec. 8. AS 18.50.950 is amended by adding a new paragraph to read: 02 (19) "induced termination of pregnancy" means the purposeful 03 interruption of an intrauterine pregnancy with the intention other than to produce a 04 live-born infant, and that does not result in a live birth, except that "induced 05 termination of pregnancy" does not include management of prolonged retention of 06 products of conception following fetal death;