Iowa Administrative Code
Agency 641 - Public Health Department
Chapter 100 - Establishment of New Certificates of Birth
Rule 641-100.5 - Statistical Report of Termination of Pregnancy Report
Universal Citation: IA Admin Code 641-100.5
Current through Register Vol. 47, No. 6, September 18, 2024
A health care provider who initially identifies and diagnoses a spontaneous termination of pregnancy or who induces a termination of pregnancy shall file with the department a Statistical Report of Termination of Pregnancy form for each termination.
(1) The health care provider shall make a good-faith effort to obtain all of the following information that is available with respect to each termination:
a. The confidential health care provider code
as assigned by the department.
b.
The report tracking number.
c. The
maternal health services region of the Iowa department of public health, as
designated as of July 1, 1997, in which the patient resides. If the patient
resides in another state, the residence shall be reported as
"nonresident."
d. The race of the
patient.
e. The age of the
patient.
f. The marital status of
the patient.
g. The educational
level of the patient.
h. The number
of previous pregnancies, live births, and spontaneous or induced terminations
of pregnancies.
i. The month and
year in which the termination occurred.
j. The number of weeks since the patient's
last menstrual period and a clinical estimate of gestation.
k. Whether the termination was spontaneous or
induced.
l. The method used for an
induced termination, including whether mifepristone was used.
(2) In addition, a physician who performs or attempts to perform an abortion shall report to the department all of the following:
a. If a determination of
probable postfertilization age of the unborn child was made, the probable
postfertilization age determined and the method and basis of the
determination.
b. If a
determination of probable postfertilization age of the unborn child was not
made, the basis of the determination that a medical emergency
existed.
c. If the probable
postfertilization age of the unborn child was determined to be 20 or more
weeks:
(1) The basis of the determination of
a medical emergency, or
(2) The
basis of the determination that the abortion was necessary to preserve the life
of an unborn child.
d.
The method used for the abortion and:
(1) In
the case of an abortion performed when the probable postfertilization age was
determined to be 20 or more weeks, whether the method of abortion used was one
that, in the physician's reasonable medical judgment, provided the best
opportunity for an unborn child to survive, or
(2) If such a method was not used, the basis
of the determination that termination of the human pregnancy in that manner
would pose a greater risk than would any other available method of the death of
the pregnant woman or of the substantial and irreversible physical impairment
of a major bodily function.
(3) The
health care provider who identifies a spontaneous termination or performs an
induced termination shall prepare the report on the standard form and forward
to the state registrar on or before the tenth day of each calendar month all
records for the preceding month. Reports may be sent by certified mail to the
state registrar. Termination reports shall be submitted within 30 days of the
date of the occurrence.
(4) The
department shall provide the forms, or the provider may use the master copy of
the form provided by the department to make copies for reporting.
(5) The information shall be collected,
reproduced, released, and disclosed in a manner which ensures the anonymity of:
a. The patient who experiences a termination
of pregnancy;
b. The health care
provider who identifies and diagnoses or induces a termination of pregnancy;
and
c. The hospital, clinic, or
health facility in which a termination of pregnancy is identified and diagnosed
or induced.
(6) The
department may share information with federal public health officials for the
purpose of securing federal funding or conducting public health research.
However, in sharing the information, the department shall not relinquish
control of the information, and any agreement entered into by the department
with federal public health officials to share information shall prohibit the
use, reproduction, release, or disclosure of the information by federal public
health officials in a manner which violates Iowa Code section
144.29A.
(7) By June 30, annually, the department
shall publish a demographic summary of the statistics for the previous calendar
year, compiled from the reports for that year, except that the department shall
not reproduce, release, or disclose any information obtained which reveals the
identity of any patient, health care provider, hospital, clinic, or other
health facility, and shall ensure anonymity in the following ways:
a. The department may use information
concerning the report tracking number or concerning the identity of a reporting
health care provider, hospital, clinic, or other health facility only for the
purpose of information collection. The department shall not reproduce, release,
or disclose this information for any purpose other than for use in annually
publishing the demographic summary.
b. The department shall enter information
from any report of termination submitted within 30 days of receipt of the
statistical report of termination of pregnancy and, following entry of the
information, shall immediately destroy the report by shredding it. However,
entry of the information from a report shall not include any health care
provider, hospital, clinic, or other health facility identification information
including, but not limited to, the confidential health care provider code, as
assigned by the department.
c. To
protect confidentiality, the department shall limit release of information in
an aggregate form which prevents identification of any individual patient,
health care provider, hospital, clinic, or other health facility.
d. The department shall establish and use a
methodology to provide a statistically verifiable basis for any determination
of the aggregate level at which information may be released so that the
confidentiality of any person is not comprised. The methodology shall consider
both the counts of the events for each item of information and the population
that could be represented.
(8) Reports, information, and records
submitted and maintained are strictly confidential and shall not be released or
made public upon subpoena, search warrant, discovery proceedings, or by any
other means.
(9) The department
shall assign a code to any health care provider who may be required to report a
termination. An application procedure shall not be required for assignment of a
code to a health care provider.
(10) A health care provider shall assign a
report tracking number which enables the health care provider to access the
patient's medical information without identifying the patient. The report
tracking number shall be maintained by the provider for a period of six months
after the end of the calendar year.
(11) For reporting of spontaneous
terminations of pregnancy, a health care provider who practices within a
hospital, clinic, or other health facility may file the required reporting
forms with the department or may authorize one staff person to fulfill the
reporting requirements. For reporting of induced terminations of pregnancy, the
physician performing the termination shall file the required reporting forms
with the department.
(12) Reporting
penalties.
a. A physician who fails to submit
a report in accordance with 2017 Iowa Acts, Senate File 471, section 3(3), and
these rules by the end of 30 days following the due date shall be subject to a
late fee of $500 for each additional 30-day period or portion of a 30-day
period the report is overdue. The fee shall be collected by the
department.
b. A physician required
to report in accordance with 2017 Iowa Acts, Senate File 471, section 3(3), who
has not submitted a report or who has submitted only an incomplete report more
than one year following the due date may, in an action brought by the board of
medicine in the manner in which actions are brought to enforce Iowa Code
chapter 148, be directed by a court of competent jurisdiction to submit a
complete report within a time period stated by court order or be subject to
contempt of court.
c. A physician
who intentionally or recklessly falsifies a report required under 2017 Iowa
Acts, Senate File 471, section 3, is subject to a civil penalty of $100. The
civil penalty shall be collected by the department pursuant to Iowa Code
chapter 17A and 641-Chapter 173.
(13) Any person who knowingly violates a
provision of these rules is guilty of a serious misdemeanor pursuant to Iowa
Code section
144.52.
Disclaimer: These regulations may not be the most recent version. Iowa may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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