HB 629-FN - AS INTRODUCED
2015 SESSION
01/09
HOUSE BILL 629-FN
AN ACT relative to induced termination of pregnancy statistics.
SPONSORS: Rep. Souza, Hills 43; Rep. Notter, Hills 21; Rep. Kappler, Rock 3; Rep. Berube, Straf 18; Rep. Wuelper, Straf 3; Rep. Gould, Hills 7; Rep. Prudhomme-O'Brien, Rock 6; Rep. Cordelli, Carr 4; Rep. Leeman, Straf 23; Sen. Cataldo, Dist 6; Sen.?Daniels, Dist 11
COMMITTEE: Health, Human Services and Elderly Affairs
This bill requires the department of health and human services to keep an annual statistical report of each induced termination of pregnancy performed and submit such report to the general court. The report shall also be available to the public.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15-0174
01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT relative to induced termination of pregnancy statistics.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Annual Report Required. Amend RSA 126-A by inserting after section 4-h the following new section:
126-A:4-i Induced Termination of Pregnancy; Annual Report.
I. In this section:
(a) “Abortion clinic” means a facility, other than an accredited hospital, in which 5 or more first trimester abortions in any month or any second or third trimester abortions are performed.
(b) “Aggregate summary” means compilation of the information received by the department of health and human services on induced terminations of pregnancy.
(c) “ Department” means the department of health and human services.
(d) “ Division” means the division of vital records administration, department of state.
(e) “Facility” or “medical facility” means any public or private hospital, clinic, center, medical school, medical training institution, health care facility, physician’s office, infirmary, dispensary, ambulatory surgical treatment center, or other institution or location wherein medical care is provided to any person.
(f) “Health care provider” means any individual licensed to provide health care under RSA 326-B:11 or RSA 329 and who provides induced terminations of pregnancy.
(g) “Identification number for health care provider of facility” means a confidential identifier for a health care provider or a facility including the location of the health care provider or the facility by city, town, or county.
(h) “Induced termination of pregnancy” means the purposeful interruption of an intrauterine pregnancy with the intention other than to produce a live-born infant and which does not result in a live birth. This definition excludes management of prolonged retention of products of conception following fetal death.
(i) “Non-surgical induction” means the administration of a medication or medications to induce a termination of pregnancy.
(j) “Patient confidential identification code or number” means a confidential identifier for a patient including primary residence by state and city, town, or county.
(k) “Procedure” means the process by which an induced termination of pregnancy occurs.
II.(a) The division shall collect non-identifying confidential data on induced termination of pregnancy occurring within the state of New Hampshire using the New Hampshire Vital Record Information Network (NHVTIN) electronic system or any modified or replacement electronic system. Each health care provider or facility shall use an electronic form for such purpose. The electronic form shall be made available by the department to each health care provider or facility. The form shall be the most current form used for such purpose by the federal Centers for Disease Control and Prevention or on a form which is substantially similar to such form. The department shall assign a confidential number to each health care provider and facility required to submit the electronic form under this section. The confidential number, or any other personally identifiable information, obtained under this paragraph shall be exempt from disclosure under RSA 91-A.
(b) The electronic form shall be completed by the health care provider or the facility and securely transmitted to the division on or before the 15th day of each month for all induced terminations of pregnancy occurring within the previous month. If no procedures were performed, it shall be indicated as “none” on the electronic form.
(c) The department shall have sole responsibility for the analysis of the data and the preparation and distribution of the aggregate summary.
(d) The department shall publish an annual report, commencing on November 1, 2016, to be posted on the department’s Internet website, based on an aggregate summary of the information obtained pursuant to this section.
III. The electronic form provided by the department shall include the following data:
(a) The confidential identification number for the health care provider or facility.
(b) The patient’s confidential identification code or number.
(c) The patient’s marital status.
(d) The patient’s use and, if applicable, type of contraception.
(e) The patient’s age.
(f) The gestational age of the fetus.
(g) The patient’s medical insurance status.
(h) The highest level of education obtained by patient.
(i) The town, city, or county of the address of the patient.
(j) Date of termination.
(k) Method of termination.
IV.(a) Notwithstanding RSA 126:28 and except as otherwise provided in this section, information obtained by the department under this section shall be used only for statistical purposes and such information shall not be released in a manner which would lead to or permit the identification of the person for whom the procedure was performed. Any releases of the information obtained shall not disclose or permit the identification of any person filing a report, the facility at which the procedure was performed, or the identity of any person licensed to practice medicine and surgery who submits a report to the department under this section, except as follows:
(1) Information from reports provided, including information identifying such persons and facilities, may be disclosed to the state board of medicine upon request of the board for disciplinary action conducted by the board and may be disclosed to the attorney general upon a showing that a reasonable cause exists to believe that a violation of this section has occurred. Any information disclosed to the state board of medicine or the attorney general pursuant to this section shall be used solely for the purposes of a disciplinary action or criminal proceeding.
(2) Information from reports shall be provided to the federal Centers for Disease Control and Prevention for the purposes of national statistical summaries provided these summaries do not lead to any other disclosures as stated in this section.
(b) A violation of this section is a class B misdemeanor.
V. If any provision of this section, or the application thereof to any person or circumstance, is held invalid, such determination shall not affect the provisions or applications of this section which can be given effect without the invalid provision or application, and to that end the provisions of this section are severable.
2 Effective Date. This act shall take effect January 1, 2016.
LBAO
15-0174
Revised 02/25/15
HB 629-FN FISCAL NOTE
AN ACT relative to induced termination of pregnancy statistics.
FISCAL IMPACT:
The Department of Health and Human Services, Department of Justice, New Hampshire Association of Counties, and Judicial Branch state this bill, as introduced, will increase state and county expenditures by an indeterminable amount in FY 2016 and each year thereafter. There will be no fiscal impact on local expenditures, or state, county, and local revenue.
METHODOLOGY:
The Department of Health and Human Services (DHHS) states this bill requires the Department to; collect certain non-identifying confidential statistical data relative to induced termination of pregnancies; report such data annually to the Federal Center for Disease Control and Prevention; and publish an annual report based on an aggregate summary of the data to the Department’s website. The bill requires health care providers to submit data monthly, and specifies a violation of the provisions of the proposed legislation shall be a class B misdemeanor. DHHS states the establishment of policies and procedures for the collection and reporting of the required data followed by the implementation and execution of those policies and procedures will increase state expenditures by approximately $3,369 in FY 2016, $1,527 in FY 2017 through FY 2018, and by $1,618 in FY 2019.
The Department of Justice (DOJ) and the New Hampshire Association of Counties state the proposed legislation establishes a class B misdemeanor. Neither the DOJ nor the Association has sufficient information to estimate the additional number of class B misdemeanors that may arise as a result of the bill’s passage. The Association notes to the extent the proposed legislation results in class B misdemeanors requiring prosecution, county expenditures will increase. The DOJ notes to the extent these prosecutions are appealed to the Supreme Court state expenditures will increase.
The DOJ states a violation of the bill may also result in a complaint to and potential disciplinary action from the State Board of Medicine. The DOJ notes to the extent any disciplinary actions brought by the Board of Medicine require the services of their Administrative Prosecutions Unit, state expenditures will increase.
The Judicial Branch states they have no information on which to estimate how many additional class B misdemeanor prosecutions may result from the proposed legislation. However, the Branch estimates the average cost of processing a class B misdemeanor to be $48.47 in FY 2016 and $50.63 in FY 2017. Accordingly, the Branch states if passage of the proposed legislation resulted in an additional 207 class B misdemeanors, state expenditures would increase by over $10,000. The Branch notes this does not account for the costs of any appeals which could further increase state expenditures by an indeterminable amount.