Pennsylvania Code
Title 28 - HEALTH AND SAFETY
Part III - Prevention of Diseases
Chapter 29 - MISCELLANEOUS HEALTH PROVISIONS
Subchapter D - AMBULATORY GYNECOLOGICAL SURGERY IN HOSPITALS AND CLINICS
Section 29.38 - Reports
Universal Citation: 28 PA Code ยง 29.38
Current through Register Vol. 54, No. 44, November 2, 2024
(a) The following information is to be sent to the Department according to the specified time frames on forms prescribed by it:
(1)
Facility information.
(i)
Within 30 days of the effective date of this subchapter, every facility at
which abortions are performed shall file, and update immediately upon any
change, a report with the Department, which shall be open to public inspection
and copying, containing the following information:
(A) Name, mailing address, and county of
location of the facility.
(B) Name
and address of any parent, subsidiary or affiliated organizations,
corporations, or associations.
(C)
Name and address of any parent, subsidiary or affiliated organizations,
corporations or associations having contemporaneous commonality of ownership,
beneficial interest, directorship or officership with any other
facility.
(D) Date form
submitted.
(ii) Any
facility failing to comply with this paragraph will be assessed by the
Department a fine of $500 for each day it is in violation
hereof.
(2)
In
vitro fertilization. All persons conducting or experimenting in in
vitro fertilization shall file quarterly reports with the Department, which
will be available for public inspection and copying, containing the following
information:
(i) Names of all persons
conducting or assisting in the fertilization or experimentation
process.
(ii) Locations-including
mailing address and county-where the fertilization or experimentation is
conducted.
(iii) Name and address
of any person, facility, agency or organization sponsoring the fertilization or
experimentation, except that names of any persons who are donors or recipients
of sperm or eggs shall not be disclosed.
(iv) Number of eggs fertilized.
(v) Number of fertilized eggs destroyed or
discarded.
(vi) Number of women
implanted with a fertilized egg.
(vii) Date form submitted.
(3)
Abortion
report. A report of each abortion performed shall be made to the
Department on forms prescribed by it. The reports shall be completed by the
hospital or other licensed facility, signed by the physician who performed the
abortion, and transmitted to the Department within 15 days after each reporting
month. The report forms shall not identify the individual patient by name and
shall include the following information:
(i)
Name and license number of the physician who performed the abortion.
(ii) Name of the facility where the abortion
was performed, county code, and facility identification number.
(iii) Name and license number of referring
physician, agency or service, if any.
(iv) The political subdivision, including
county and city, township, or borough and state, in which the woman
resides.
(v) The woman's age, race,
education and marital status.
(vi)
The number of prior pregnancies, including the number of live births, now
living and now dead, and the number of abortions, spontaneous and
induced.
(vii) The date of the
woman's last menstrual period and the probable gestational age of the unborn
child.
(viii) The types of
procedures performed or prescribed and the date of the abortion.
(ix) Complications, if any, including but not
limited to, hemorrhage, infection, uterine perforation, cervical laceration,
retained products, psychological complications, failure to abort and
death.
(x) Concurrent conditions,
if any, including but not limited to hydatid mole, endocervical polyp,
malignancies, radiation exposure, genetic indications, psychological
indications, rape, incest and rubella disease.
(xi) Physician's determination of
viability.
(xii) The length and
weight of the aborted unborn child when measurable.
(xiii) Basis for any medical judgment that a
medical emergency exists as required by any part of this chapter.
(xiv) The date of the medical consultation
required by §
29.36 (relating to medical
consultation and judgment).
(xv)
The date on which any determination of pregnancy was made.
(xvi) The information required to be reported
under §
29.35(a)
(relating to abortion after viability).
(xvii) Whether or not the expelled products
were examined by a pathologist or other designated qualified person.
(xviii) Whether the abortion was paid for by
the patient, by Medical Assistance, by medical insurance coverage, or by other
method of payment.
(xix) Date form
submitted.
(4)
Pathological examinations. Reports of pathological
examinations and findings as required by §
29.33(8)
(relating to requirements for abortion) shall be forwarded to the Department on
forms prescribed by it, containing the following information:
(i) Name, title and license number, if
applicable, of person performing examination.
(ii) Name and mailing address of facility
where examination was performed.
(iii) Date of examination and date of
abortion.
(iv) Examination
findings, including absence of pregnancy, live birth, viability, and other
findings, and evidence of these findings.
(v) Name and license number of physician who
performed the abortion.
(vi) Date
form submitted.
(5)
Report by facility. Every facility in which an abortion is
performed within this Commonwealth during any calendar quarter shall file with
the Department on forms prescribed by it, a report showing the total number of
abortions performed within the medical facility during that calendar quarter
and the total abortions performed in each trimester of pregnancy. Such reports
are due within 30 days of the end of each quarter. These reports shall be
available for public inspection and copying and shall contain the following
information:
(i) Name, mailing address and
county of location of the facility.
(ii) The total number of abortions performed
in the facility and the number performed in the first, second and third
trimesters of pregnancy during the reporting period.
(iii) Date form submitted.
(6)
Report of maternal
death. All reports of maternal deaths occurring within this
Commonwealth arising from pregnancy, childbirth or intentional abortion shall
be reported to the Department and shall in every case state the cause of death,
the duration of the woman's pregnancy when her death occurred, and whether or
not the woman was under the care of a physician during her pregnancy prior to
her death. A woman shall be deemed to have been under the care of a physician
prior to her death for the purpose of this chapter when she had either been
examined or treated by a physician, not including any examination or treatment
in connection with emergency care for complications of her pregnancy or
complications of her abortion, preceding the woman's death at any time which is
both 21 or more days after the time she became pregnant and within 60 days
prior to her death. Known incidents of maternal mortality of nonresident women
arising from induced abortion performed in this Commonwealth shall be included
as incidents of maternal mortality arising from induced abortions. Incidents of
maternal mortality arising from continued pregnancy or childbirth and occurring
after induced abortion has been attempted but not completed, including deaths
occurring after induced abortion has been attempted but not completed as the
result of ectopic pregnancy, shall be included as incidents of maternal
mortality. The report form shall include the following information:
(i) Name of deceased.
(ii) Date of death of deceased.
(iii) Date of birth of deceased.
(iv) Race of deceased.
(v) Location of death, including name of
medical facility, street address, city, borough or township, and
county.
(vi) Residence of deceased,
including state, county, and city, borough, or township.
(vii) Cause of death, including immediate and
underlying causes, interval between onset and death, and other significant
conditions.
(viii) Physician's
estimate of length of gestation.
(ix) Date of disposition and disposition of
pregnancy.
(x) Whether the woman
was under the care of a physician at any time both 21 or more days after the
time she became pregnant and within 60 days prior to her death.
(xi) Name and license number of physician
certifying death and completing this form.
(xii) Date form submitted.
(7)
Report of
complications. Every physician who is called upon to provide medical
care or treatment to a woman who is in need of medical care because of a
complication or complications resulting, in the good faith judgment of the
physician, from having undergone an abortion or attempted abortion, shall
prepare a report thereof and file the report with the Department within 30 days
of the date of his first examination of the woman. This report shall be open to
public inspection and copying and shall be on forms prescribed by the
Department. The forms shall contain the following information, and such other
information except the name of the patient, as the Department may from time to
time require:
(i) Age of patient.
(ii) Number of pregnancies patient may have
had prior to the abortion, including the number of live births, now living and
now dead, and abortions, spontaneous and induced.
(iii) Number and type of abortions patient
may have had prior to this abortion.
(iv) Name and address of the facility where
the abortion was performed.
(v)
Gestational age of the unborn child at the time of the abortion, if
known.
(vi) Type of abortion
performed and date, if known.
(vii)
Nature of complication.
(viii)
Medical treatment given.
(ix) The
nature and extent, if known, of any permanent condition caused by the
complication.
(x) Date of first
examination of patient.
(xi) Name
and license number of attending physician.
(xii) Date form submitted.
(b) The Department may require other pertinent information to be submitted at any time as it deems appropriate.
(c) Reports filed under subsection (a)(3) will not be deemed public records within the meaning of that term as defined by the act of June 21, 1957 (P. L. 390, No. 212) (65 P. S. §§ 66.1-66.4) referred to as the Right-to-Know Law, but will be made available for public inspection and copying within 15 days of receipt in a form which will not lead to the disclosure of the identity of any person filing a report. On those reports available for public inspection and copying, the Department will substitute for the name and license number of any physician which appears on the report, a unique identifying number. The identity of the physician will constitute a confidential record of the Department. The Department may set a reasonable per copy fee to cover the cost of making any copies authorized under this section.
This section cited in 28 Pa. Code § 29.39 (relating to penalties).
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